Case Law

Question 1

Right to remain silent

Answer 1

Miranda v Arizona

Question 2

expands the right of the govt to search and surveil without court order, and now applies to certain domestic terrorism situations

Answer 2

US Patriot Act

Question 3

established the test about what is free speech on school campuses

Answer 3

Tinker v Des Moines Independent Community School District

Question 4

What did Bethel School District v Fraser and Hazlewood School District v Kuhlmeier oppose?

Answer 4

The decision in Tinker v Des Moines, stating that lewd speech at a school assembly is not constitutionally protected

Question 5

authorized removal/suspension of employee if the reason is based on employee’s speech which affects the employing agency

Answer 5

Arnett v Kennedy

Question 6

If employee did not speak as a citizen on a matter of public concern, then no first amendment protection

Answer 6

Garcetti v Ceballos

Question 7

Duty to warn

Answer 7

Tarasoff v Regents of the Univ of California

Question 8

Offers an objective standard for evaluating if a statement is a true threat, thus making it unprotected by the first amendment

Answer 8

US v Orozco-Santillan

Question 9

Advocacy of the use of force or of law violation is protected unless such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action

Answer 9

Brandenburg v Ohio

Question 10

intimidation is a type of true threat, where a speaker directs a threat to a person or group of persons with the intent of placing the victim in fear of bodily harm or death

Answer 10

Virginia v Black

Question 11

established the test about what is considered free speech on school campuses as long as it does not materially disrupt or substantially disorder or invade the rights of others

Answer 11

Tinker v Des Moines Independent Community School District

Question 12

The decision in ____ v ____, held that a student’s lewd speech at a school assembly is not constitutionally protected, reaffirming the principal in the other case ___ v ____, that students’ rights in public schools don’t automatically coextend with rights of adults in other settings

Answer 12

Bethel School District v Fraser………NJ v TLO

Question 13

First amendment isn’t violated by educators exercising reasonable editorial powers over a school newspaper

Answer 13

Hazlewood School District v Kuhlmeier

Question 14

The Supreme Court balanced governmental interests and employee rights, sustaining the constitutionality of federal statue that authorized removal or suspension without pay of an employee

Answer 14

Arnett v Kennedy

Question 15

If an employee didn’t speak as a citizen on a matter of public concern, then the employee has no first amendment cause of action based on employer’s reaction to the speech

Answer 15

Garcetti v Ceballos

Question 16

the First Amendment does not protect true threats. The Court also explained that political hyperbole does not qualify as such a threat.

Answer 16

Watts v United States

Question 17

Also offers an objective standard of a true threat, emphasizing whether a reasonable person would perceive the statement as a serious expression

Answer 17

United States v Orozco-Santillan

Question 18

Ninth Circuit Court of Appeals ruled that school officials did not violate a student’s First Amendment right of free expression when they temporarily expelled him for submitting a violent-themed poem to his English teacher.

Answer 18

LaVine v Blaine School District

Question 19

whether the protection of the First Amendment extends to government employees who make extremely critical remarks about the President

Answer 19

Rankin v McPherson

Question 20

students cannot be penalized for what they are thinking. If thoughts are then expressed in speech, the ability of the school to censor or punish the speech will be determined by whether it is a (1) true threat or (2) disruptive of the normal operation of the school

Answer 20

D.G. v Independent School District No. 11

Question 21

a student’s rights were not violated when he got expelled after publishing a website with offensive comments about his algebra teacher, including a section “why should the teacher die” — although it occurred off school grounds, it substantially affected school functions, as the teacher became genuinely afraid,

Answer 21

J.S. v Bethlehem Area School District

Question 22

For public sector employee speech to be protected, it must (1) involve an issue of public concern, like a significant event (2) outweigh the govt employer’s interest in avoiding impediments to carrying out its mission

Answer 22

Connick v Meyers

Question 23

Defendants who are intellectually disabled cannot be sentenced to death

Answer 23

Atkins v Virginia

Question 24

States can set own insanity standards which leads to convoluted understanding

Answer 24

Clark v Arizona

Question 25

A state may only confine a person to a psychiatric hospital against that person's will if the sate proves by clear and convincing evidence that the person is mentally ill and dangerous

Answer 25

Addington v Texas

Question 26

Public school officials are subject to the 4th amendment because as "public school officials" they act under the umbrella of govt authority. But, because of the nature of school, they do not need to show probable cause; instead, they must show reasonable concern.

Answer 26

NJ v TLO

Question 27

employers may be liable to their employees for harassment by non-employees. Courts have found liability for this so-called “third-party harassment” in some of the following fact-specific contexts: waitresses harassed by their dining customers; casino dealers suffering harassment from gamblers at the table; and vendors being harassed by clients they visit onsite for sales and service calls

Answer 27

Gardner v CLC of Pascagoula

Question 28

Capital punishment is unconstitutional for people under 16

Answer 28

Thompson v Oklahoma

Question 29

Capital punishment is unconstitutional for people under 18

Answer 29

Roper v Simmons

Question 30

Life without parole unconstitutional for people under 18 convicted of crimes other than homicide

Answer 30

Graham v Florida

Question 31

Life without parole unconstitutional for people under 18 even if convicted of homicide

Answer 31

Miller v Alabama

Question 32

Supreme Court case concerning whether conviction of threatening another person over interstate lines requires proof of subjective intent to threaten or whether it is enough to show that a "reasonable person" would regard the statement as threatening

Answer 32

Elonis v United States

Question 33

This case created a clear distinction between the duty to protect and the subordinate duty to warn and made communications by a third party indicating threatening statements equivalent to statements made directly by that person.

Answer 33

Ewing v Goldstein

Question 34

In civil cases, under most circumstances, a prosecutor receives absolute immunity and is protected from civil liability while acting in an official capacity, which is when it's an integral part of the judicial process

Answer 34

Falls v Superior Court (Samaniego)

Question 35

Prosecutors in civil cases can be liable if make statements that minimize the actual danger to a victim

Answer 35

M.B. v City of San Diego

Question 36

Prosecutors in civil cases can be liable if request that a citizen perform an official function that involves a foreseeable risk of danger

Answer 36

Walker v County of Los Angeles

Question 37

a univ has a special relationship with a student and corresponding duty to take reasonable measures to prevent his or her suicide

Answer 37

Dzung Duy Nguyen v Massachusetts’s Institute of Technology

Question 38

postsecondary schools have a duty to keep students safe from foreseeable criminal assaults while they’re engaged as part of the school’s curriculum/services

Answer 38

Rosen v Regents of the Univ of California

Question 39

When campus based law enforcement officers are involved, there is a split in authority whether the standard to be applied is __________ or ______________

Answer 39

probable cause or reasonable under the circumstances

Question 40

When campus based law enforcement officers are involved, the lower threshold of "reasonable under the circumstances" is applied when the officers act as agents of the school

Answer 40

State of Florida v N.G.B.

Question 41

When campus based law enforcement officers are involved, the higher threshold of "probable cause" when the school conducts the search at the request of the campus based officer

Answer 41

New Hampshire v Heirtzler

Question 42

The federal govt can only criminalize those threats of violence directed against the president

Answer 42

R.A.V. v St. Paul Minnesota

Question 43

Tarasoff 1974 vs 1976

Answer 43

duty to warn vs protect

Question 44

both prongs of civil commitment, mental illness and dangerousness, must be met to justify involuntary commitement

Answer 44

foucha v louisiana

Question 45

defendant should not be released from invol commitment following NGRI until no longer dangerous

Answer 45

Jones v US

Question 46

Notice t the convicted offender and an adversary hearing were necessary before invol correctional transfer but representation by counsel was not

Answer 46

Vitek v Jones

Question 47

defendant must be notified prior to the evaluation if the results of a pretrial evaluation could be used at capital sentencing

Answer 47

Estelle v Smith

Question 48

Held that psychiatrists had some expertise in predicting violent behavior and allowed testimony in responses to hypothetical questions

Answer 48

barefoot v estelle

Question 49

state cannot constitutionally confine a non-dangerous individual who is capable of surviving safely in the community by himself or with assistance

Answer 49

O'Connor v Donaldson

Question 50

Allowed post-sentence commitment of sexually violent predators based on finding of dangerousness to self or others related to a mental abnormality or personality disorder

Answer 50

Kansas v Hendricks

Question 51

7 types of violent true believers

Answer 51

Fledgling Affiliative Psychotic Criminal Opportunistic Unwavering Betrayer