1st Amendment
4th Amendment
5th Amendment
Misc
100
Tinker is about what type of speech?
Political Speech that is passive meaning it does not disturb others or interfere with school functions.
100
From what case do we now refer to as "stop and frisk"? What does this mean?
Terry v. Ohio. A police officer may stop a person to question them and "frisk" (pat down) for any weapons, drugs or other illegal items.
100
If you are giving someone their Miranda rights what are they?
You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you.
100
When you address the Court what do you first have to say?
May it please the Court....
200
What are Tinker's principles and using Tinker do you think nonviolent protest or political discussions are okay in school?
Tinker helped established: 1) the students do not surrender their constitutional rights simply by entering a public school 2) that symbolic dress worn for political reasons is expression protected by the 1st Amend. 3) the student expression can be censored only where the school can show it threatens "material and substantial interference" with the school's operation.
200
What is the difference between the standards of probable cause and reasonable suspicion?
Probable cause is a higher standard meaning that there are likely facts that would lead to a reasonable person believing that some crime is taking place. Reasonable suspicion means a search might turn up some evidence of a crime.
200
Mapp v. Ohio is an important case because why?
Anything that is obtained illegal can not be admissible or allowed into evidence into court.
200
The rebuttal is when the petitioner gets to do what?
Respond to what the respondent has said and try to refute or prove that it was wrong.
300
In Bethel the court found that the school did nothing wrong in discipling Fraser for his speech. What is the Court's reasoning? Would have ruled the same?
The Court said that the speech in the language was plainly offensive to both teachers and students. The speech was unrelated to any political point of view and the 1st Amendment does not protect against lewd speech that undermines a school's basic educational mission.
300
In New Jersey v. TLO the Court ruled in a way that made many student's upset.
The Court held that you no longer needed probable cause to search or have a warrant. They lowered the standard to reasonable suspicion which many students felt sacrificed their rights.
300
The Supreme Court ruled that age is a factor when determining when/if someone is in custody. Do you agree or disagree that age is a determinative factor or just one of many? Try and use JDB v. N. Carolina or N.C. v. Kentucky
This is an open ended question!
300
The Supreme Court can grant a writ of cert. What does this mean? And why don't they do it more often?
A writ of cert is when the Supreme Court considers a case for appeal. The decisions of the Supreme Court are binding on everyone so they have to be selective when creating new case law.
400
Morse v. Frederick ruled that the schools can punish student expression that seems to promote illegal drug use. Why?
The Court held that the banner conveyed any sort of political or religious message about drugs. The Court held that deterring drug use by students is a important or even compelling interest by school.
400
John and Jim are on a public street smoking a joint. A police officer stops them. What can the police offer do?
Smoking weed is a civil infraction. It is like getting a speeding ticket. If the police stop you for smoking a joint possession of under an ounce is not a crime. That means all they can do is ask for your ID and write you a ticket. They can also confiscate the weed. They can not search you for weapons or other drugs without reasonable suspicion or probable cause that you have committed a crime.
400
The public safety exception in NY v. Quarles is important but in some ways vague. If RJN was a student at your school what do you think should have happened if you found out later there had been a bomb threat. Would you have felt angry or upset that the bomb squad was called in later or at all?
This is an open ended question!
400
So even if you don't want to be a lawyer, why do you think it's important to learn how to make an oral argument?
HINT: No matter what your profession you will have times when you have to express yourself.
500
Pretend you on on the Supreme Court: Do you think that racist and sexist symbols enjoy less 1st Amend protection than other speech? Use the case law from Tinker, Bethel and Morse.
This is an open ended question.
500
John and Jim are driving down Warren Street and have smoked marijuana in the car. John doesn’t make a complete stop at a stop sign and gets pulled over. When the officer comes to the car he smells marijuana. What can the officer do?
The smell of burnt marijuana alone is not enough to create probable cause or reasonable suspicion that a crime was committed. Therefore, in this situation the police can only do what they would do in a normal traffic stop. They could only order John and Jim out of the car if they had reason to believe that their safety was in danger. They could then search the immediate area of the occupants for weapons but that is all.
500
Putting into context with real life events. It's almost the one year anniversary to the incident at the Boston Marathon. Do you think that the suspect deserved to be read his Miranda rights? Do you think the police's shutdown of Watertown and unwarranted searches falls under the public safety exception?
Open ended!
500
Which right do you think is the most important now that we have learned a few amendments? And why?
Open ended!
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