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10 Cards in this Set

  • Front
  • Back
What are the 4 elements of negligence?
1. duty of care

2. breach of duty


3. injury


4.breach must be the cause of injury


(In other words: 1."I'm on duty, 2. I getdistracted, 3. somebody gets hurt, 4.If I had been paying attention the person wouldnot have gotten injured")

Tinker vs Des Moines
Students and teachers do not shed their right to freedom of expression at the schoolhouse gate.


(students wanted to wear black armbands to school to protest Vietnam War.)

Bethel School District vs Fraser
Court found it appropriate to prohibit the use of vulgar language.

(Court distinguished between political expression of Tinker vs Des Moines and the obscenity of Fraser)

HAZELWOOD SCHOOL DISTRICT v. KUHLMEIER
School may exercise editorial control over inappropriate content in student newspaper.

(Court ruled this did not violate the 1st Amendment)

N.J. School District vs T.L.O
Reasonable searches and seizures may be conducted by a public school if there is just cause for a search.

(student was caught smoking in the bathroom, her purse was searched, and not only were cigarettes there, but also drug paraphanelia)

Safford School District vs April Redding
School may not search student based on hearsay.

(Someone said the girl had ibuprofen, the school did a strip search. Different situation than NJ vs TLO)

Who is subject to random drug testing in a public school?

a. student athletes


b. entire student population


c. any student engaging in school sponsored extra-curricular activities


d. random drug searches are illegal

c. Any student engaging in school sponsored extra-curricular activities may be subject to random drug testing.
Lambs Chapel vs. Center Moriches S.D.
Religious groups may be permitted after-hours use of school building.
Brown vs. Woodland Joint Unified School District
Fundamentalist parents claimed the "Impressions Series" of 59 books compelled the students to practice witchcraft. The court did not agree with the claim.
What are the rules regarding religious holidays in schools?
There must be balance in teaching the symbols, music, etc. and it must a learning experience not used to promote a religion.