Section 1

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Zelman v. Simmons-Harris

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Last updated

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Date created

Mar 1, 2020

Cards (65)

Section 1

(50 cards)

Zelman v. Simmons-Harris

Front

Only pro-voucher decision: public school vouchers provided to students for attending private schools is constitutional as a decision made by parents (won't fly in SC due to state law though)

Back

Lemon Test

Front

State aid to religious schools must pass tripartite Lemon Test: 1. The statue must have a secular legislative purpose, 2. Its principle of primary effect must be one that neither advances or prohibits religion, 3. It must not foster excessive government entanglement with religion.

Back

Board of Edu. of Central School District No. 1 v. Allen

Front

providing state-adopted school books to parochial school students does not violate the E.C.

Back

Plyer v. Doe

Front

State cannot prohibit illegal aliens from attending public school

Back

People v. Overton

Front

School officials may be obligated to inspect student lockers

Back

Delgado v. Freeport Public Schools

Front

Homeless children are allowed to attend public school wherever they are, regardless if it for long term or short

Back

In Loco Parentis

Front

in lue of parent, we are their gardians while they are under our care

Back

3rd Amendement

Front

Soldiers can't squat

Back

2nd Amendment

Front

Right to bear arms

Back

Lemon v. Kurtzman

Front

State aid to parochial schools through salary supplements and purchases of services creates entanglement between church and state...no go!

Back

School district of Abington Township v. Schempp

Front

Reading bible verse at beginning of school deemed unconstitutional

Back

Isiah B. v. State

Front

Random search of students locker is upheld under the 4th as schools own lockers and student should have no reasonable expectation of privacy in their locker

Back

Child Benefit Doctrine

Front

basically created to be able to fund things like text books to parochial schools

Back

Matter of Curry

Front

Schools may inquire as to the reason for a change is custody of a child and can deny them admission if it is just to circumvent district zoning

Back

Boynton v. Casey

Front

Student is not entitled to Miranda Warning prior to being questioned by school officials

Back

Everson v. Board of Education

Front

E.C does not prohibit using tax dollars for transportation of religious based schools....it is not required in all states (like SC) but is approved as constitutional.

Back

Baker v. Owen

Front

Teachers may paddle students in spite of parent opposition

Back

Establishment Clause

Front

prohibits state from passing laws that aid in or show preference to a religion

Back

Hazelwood School District v. Kuhlmeir

Front

School officials can exercise editorial control in school newspapers, it's a limited forum

Back

Board of Edu. of the Westside Community v. Mergens

Front

School districts decision to ban Bible club deemed unconstitutional because they had other clubs (Equal Access Act)

Back

Corporal Punishment

Front

Reasonable Satndard (how) Good Faith Standard (why) --the Cruel and Unsusal punishment Clause of 8th Amendment does not cover Corporal Pumishment....it is legal in SC but prohibited by most school districts

Back

Tinker v. Des Moines

Front

Cannot pro hit freedom of speech to avoid uncomfortable situations...students wanted to wear arm band protesting war? That's cool because it poses no danger

Back

Paine v. Board of Regents of University of Texas

Front

Schools hVe right to punish students for criminal charges, they don't get to use Diuble Jeopardy

Back

Lamb v. Panhandle community school district no. 2

Front

Informal discussion of students offense and the circumstances of the incident is sufficient to inform the student of the evidence against him

Back

TLO 2 part test

Front

1. Search must justified at inception by reasonable suspicion 2. Search must be reasonable in scope and not in excessive in view to the purpose of the search

Back

Rhodes v. Guarricino

Front

Students can be searched during field trips/ out of town trips using reasonable suspion standard

Back

Veronica School District v. Acton

Front

Drug testing can be suspicionless or suspion

Back

Penn. interscholastic Athletics Assosiation v. Greater Johnson

Front

A change in student residency simply to participate in an athletic program may be denied

Back

Newsome v. Batavia

Front

Cross examination of student witness is not required of school officials

Back

Cochran v. Louisiana State Board of Education

Front

Louisiana law does not violate the Establish Clause by providing text books to religious based schools

Back

Pierce v. Societ of Sisters

Front

Compulsory Law stating all children go to public school is not cool--can compel students to attend some type of school

Back

Freedom of Speech/Expression

Front

2 part test: 1. Clear and present danger AND 2. Material and substantial disruption

Back

Bethel School District v. Fraser

Front

Lewd speech is not protected under 1st Amendment because it causes a substantial disruption

Back

In re Jeanette

Front

Parents can be persecuted for children who do to attend school

Back

1st Amendment

Front

Freedom of Speech

Back

Santa Fe Independent v. Jane Doe

Front

student led prayer in front of large audience (home football game) does violate Establishment Cause. Court felt it could would suggest administration were responsible for prayer to unbiased spectator.

Back

Murphy v. State of Arkansas

Front

States use of achievement tests to monitor home instruction is constitutionally valid

Back

4th Amendement

Front

Search and seizure

Back

Widmar v. Vincent

Front

The denial of access to facilities for student religious groups while allowing other groups to use the same facilities is violation of students freedom of speech....Congress responded by passing Equal Access Act.

Back

Coles v. Cleveland

Front

School Boards and other similar bodies may not open with prayer without violating Establishment Clause

Back

Goss v. Lopez

Front

Temporary out of school suspension requires procedural due process (has to have notice and fair hearing prior to deprivation of life, liberty, or property) *created 10 day suspion rule to special Ed students 1. Oral/written notice of charges against him 2. Explanation of evidence authorities have 3. Opportunity to present his side

Back

Reasonable v unreasonable

Front

Looking ill, being late to class, or fidgety is not reasonable for search

Back

Wisconsin v. Yoder

Front

Amish kids can leave oublic school after 8th grade due to religious beliefs

Back

Paren Patriae

Front

"a father to all persons" State can make laws for the good of people/state

Back

Equal Access Act (1984)

Front

Everyone is allowed to use school district facilities if opened publicly to any group.

Back

Meek v. Pittenger

Front

State finances of services and direct loans to parochial schools is unconstitutional

Back

Bivens v. Albuquerque Public Schools

Front

Busting a sag is not culturally protected expression

Back

Jones vs. Clear Creek Independent

Front

student led and student initiated prayer is not a violation of Establishment Clause (It's the First Amendments Rights)

Back

Boykins v. Fairfield Board of Ed.

Front

Hearsay (not live witness testimony) is permissible as evidence in school disciplinary hearing

Back

5th Amendement

Front

Fair trial, due process

Back

Section 2

(15 cards)

9th Amendement

Front

This amendment means that nothing written in the Constitution can be used to cancel amendments to it.

Back

Ingram v. Wright

Front

case in which the U.S. Supreme Court that corporal punishment in public schools did not violate constitutional rights.

Back

In re Gault

Front

as a landmark U.S. Supreme Court decision that held that juveniles accused of crimes in a delinquency proceeding must be afforded many of the same due process rights as adults, such as the right to timely notification of the charges, the right to confront witnesses, the right against self-incrimination, and the right to counsel.

Back

Board of Education of Pottawatomie v. Earls

Front

the Court held that, because the policy reasonably serves the School District's important interest in detecting and preventing drug use among its students, it is constitutional

Back

6th Amendement

Front

Speedy and public trail

Back

McCollum v. Board of Education

Front

By an 8-1 vote, the Court ruled that the practice of allowing outside religious instructors into the classroom during the school day violates the Establishment Clause by providing government assistance to facilitate the mission of sectarian groups.

Back

Zorach v. Clauson

Front

Students leaving campus for religious instruction during school hours does not violate the Establishment Clause (was not held in school building, did not use public funds)

Back

West Virginia v. Barnette

Front

U.S. Supreme Court ruling that stated schools could not force students to say pledge/salute the flag

Back

Engle v. Vitale

Front

Landmark United States Supreme Court case that ruled it is unconstitutional for state officials to compose an official school prayer and encourage its recitation in public schools.

Back

14th Amendement

Front

Citizenship to all people born in U.S....The Equal Protection Clause is part of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides that no state shall deny to any person within its jurisdiction "the equal protection of the laws".

Back

10th Amendement

Front

States can make laws that are not cover in the constitution

Back

7th Amendement

Front

Similar to the 5th, but dealing with money..if someone sues you, but the jury finds that you did nothing wrong, you can't be sued again by the same person on the same grounds, and they can't appeal the case to a different court in the hopes of getting a better decision.

Back

Paine v. Board of Regents

Front

Students received harsher penalties for drug crimes than other crimes...court ruled this violate Equal Protection Clause

Back

Newdow v. U.S. Congress

Front

Pledge violates Establisment Clause but got reversed when the district appealed saying that the father (Newdow) "lacked prudential standing"

Back

8th Amendement

Front

Cruel and unusual punishment

Back