"Legal Brief For Tinker V Des Moines 1969" Essays and Research Papers

Legal Brief For Tinker V Des Moines 1969

Joao Raimundo US History 10 Mr. Kegler 06/10/2013 Tinker v. Des Moines Independent Community School District The ‘Tinker v. Des Moines Independent Community School District’ gained notice in 1968, when it first was argued in the Supreme Court of the United States. The case was introduced because in December of 1965, John Tinker, Mary Beth Tinker and Christopher Eckhardt took their black armbands to school. The black armbands were a symbol to their objections to the hostilities in the Vietnam...

Armband, High school, Richard Nixon 1112  Words | 3  Pages

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Tinker v. Des Moines' Ruling

 Tinker v. Des Moines Elizabeth Mosakowski Mrs. Dabalos IB History 806 Words Through the First Amendment to the Constitution of the United States, it is made known that no law can declare an official religion, prevent people from peacefully assembling, petitioning, or take away the freedoms of speech and press. Now in the twentieth century the Supreme Court has shown an increased willingness in their judiciary position to interpret the ammendment’s guarantees...

Bethel School District v. Fraser, First Amendment to the United States Constitution, Freedom of speech 806  Words | 3  Pages

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Tinker vs. Des Moine

October 8, 2012 Tinker V. Des Moines: Does the first amendment protect everyone In 1969, Des Moines Iowa school districts, it was fine to wear the iron cross to support Nazis but it was not okay to wear arm bands to support stopping the Vietnam War. (“Tinker V. Des Moines” 3) When students wore the arm bands they were asked to go home and suspended from school. This set up the case for Tinker v. Des Moines independent school district, a case that would determine the right of free speech for students...

Abe Fortas, Armband, First Amendment to the United States Constitution 1106  Words | 3  Pages

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Legal Brief for Tinker V. Des Moines (1969)

a group of individuals in Des Moines held a meeting to protest the Vietnam War. The group decided to fast and wear armbands as a sign of there disapproval. The principals of the Des Moines schools heard of the armband protest and adopted a policy banning any student from wearing the armbands at school. Any student caught wearing the armband at school would be asked to remove it, and if he refused he would be suspended until he returned without the armband. John Tinker and several other students...

Armband, First Amendment to the United States Constitution, Freedom of association 394  Words | 2  Pages

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Tinker V Des Moines

Tinker v. Des Moines Independent School District Constitutional issue: “Is symbolic speech by public school students protected under the First Amendment?” Parties involved: John F. Tinker and Mary Beth Tinker, minors, by their father and next friend, Leonard Tinker and Christopher Eckhardt, minor, by his father and next friend, William Eckhardt v. The Des Moines Independent Community School District Legal background: The parents of the Tinker and Eckardt with the help of the ACLU filed suit...

Abe Fortas, American Civil Liberties Union, Bethel School District v. Fraser 417  Words | 2  Pages

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Tinker V. Des Moines

Tinker v. Des Moines Independent Community School Dist. 393 U.S. 503, 89 S.Ct. 733, 21 L.Ed.2d. 731 (1969). NATURE OF CASE: Petitioners, three public school pupils, in Des Moines, Iowa were suspended from school for violating a school board (respondents) policy of banning the wearing of armbands. The armbands represented the protest of Government policy in Vietnam. The District Court dismissed the complaint. On appeal, the Eight Circuit Court was equally divided, therefore affirmed the decision...

Chief Justice of the United States, First Amendment to the United States Constitution, Fourteenth Amendment to the United States Constitution 316  Words | 2  Pages

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Tinker V Des Moines Case

Tinker v. Des Moines Independent Community School District 393 U.S. 503 "It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." This was the main argument from Justice Abe Fortas that came into play at the Tinker v. Des Moines School District Case of 1969. The case involved a small group of students who silently dissented against the government’s policy during the ongoing Vietnam War by wearing black...

Abe Fortas, First Amendment to the United States Constitution, Fourteenth Amendment to the United States Constitution 769  Words | 2  Pages

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Case Brief - Tinker V. Desmoines

Tinker v. Des Moines Independent Community School District et al, 393 U.S. 503 (1969) Facts: Petitioner was John F. Tinker, Mary Beth Tinker, and Christopher Eckhardt, high school students in Des Moines, Iowa. In December 1964 several students were joined in protesting the Vietnam War. The form of protest was to wear a black armband for two weeks. When protesters arrived at school they were told to remove the arm bands or be suspended. Students took the suspension and did not return to...

First Amendment to the United States Constitution, High school, Law 435  Words | 2  Pages

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Legal Brief

Student Name: Angela M. Williams Class: Law 103/Legal Research – Mon./Wed. Date Due: 02/23/09 Date Submitted: same Project: Case Brief I Project Palmore v. Sidoti Possible Points: 25 Points Received: Palmore v. Sidoti, 466 U.S. 429, 104 S. Ct. 1879, 80 L. Ed. 2d 421 (1984) Facts: 1) Petitioner Linda Sidoti-Palmore and respondent Anthony J. Sidoti divorced...

Brown v. Board of Education, Bush v. Gore, Fourteenth Amendment to the United States Constitution 681  Words | 4  Pages

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Legal Brief

Legal Environment of Business Legal Brief State of Oklahoma, ) ) Plaintiff, ) ) v. ) Case No. 06-2323-02-NBA ) Alexandra Anderson ) ) Defendant. ) _______________________) BRIEF IN REGARDS TO DEFENDANT KNOWINGLY RECEIvING STOLEN GOODS FACTS OF THE CASE On September 11th,2012 Alexandra Anderson made an appointment for September 15th, 2012 with the Apple Genius Bar at their Woodland Hills location in Tulsa, Oklahoma. On September...

Apple Inc., Apple Store, Circumstantial evidence 1424  Words | 5  Pages

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Legal Brief: Pennsylvania State Police V. Suders

Legal Brief: Pennsylvania State Police v. Suders Facts: • Pennsylvania State Police hired Nancy Drew Suders as a police communications operator. • Suder’s supervisors were Sergeant Eric D. Easton, Patrol Corporal William D. Baker, and Corporal Eric B. Prendergast. • Suders was subject to sexual harassment from all three of her supervisors during the term of her employment. • Easton would mention the subject of people having sex with animals each time Suders entered the office. • Easton told...

Abuse, Bullying, Employment 1042  Words | 3  Pages

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Tinker vs. Des Moines.

One quiet day in the 1960’s 3 Des Moines students were wrongly punished for protesting the Vietnam War by wearing black arm bands to school. The school officials believed that the armbands would cause a huge disturbance and be a very big distraction to the student body. The students were then suspended. The student’s first amendment right had been violated. This right gives us the freedom of expression, to sum it all up, as long as others are not in danger. The staff was quick to punish these...

Due process, First Amendment to the United States Constitution, Fourteenth Amendment to the United States Constitution 462  Words | 2  Pages

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tinker brothers

 Tinker brothers John and Mary were held back from there freedom of expression by being expelled from Des Moines School District for expressing there feelings towards the Vietnam war by wearing armbands to school after being warned by principles not to. Shortly after the parents of the affected students found out they took action and demanded justice for their children rights. The case manage to go all the way to the supreme court, the criminal prosecutor found out about the organized protest...

First Amendment to the United States Constitution, Fourteenth Amendment to the United States Constitution, Freedom of speech 989  Words | 3  Pages

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Legal Brief

United States V McClatchey 217 F3d 823 Cir., (10th , 2000) I. Background This case of U.S government versus defendant McClatchey involves hospital CEO, two physicians, and Mr. McClatchy who is a part of the administrative staff at Baptist Medical center. Two physicians involved in the case worked together in a group practice called BVMG that provided care to the nursing homes. In 1984, they brought a proposal to the Baptist Medical Center to have them buy the practice and in return physicians...

Appeal, Criminal law, Hospital 795  Words | 3  Pages

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Elk Grove V. Newdow Legal Brief

Elk Grove Unified School District et al. v. Newdow et al. 542 U.S. 1 (2004) Facts: In 1954, Congress amended Title 36 of the United States Code by adding “under God” to the Pledge of Allegiance. California Education Code section 52720 requires appropriate patriotic exercises to be practiced in every public elementary school every day. Elk Grove Unified School District’s policy required the recitation of the Pledge of Allegiance every day pursuant to section 52720 of the California Education Code...

Antonin Scalia, Associate Justice of the Supreme Court of the United States, Establishment Clause of the First Amendment 1101  Words | 4  Pages

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Tinker Case

2014 Freedom of Expression: Tinker and Schenck Case The United State Constitution is the highest law in the United States. It is made up of 27 amendments. The 1st Amendment of the United State Constitution guarantees the right of free expression. This includes freedom of assembly, freedom of the press, freedom of religion and freedom of speech. The United State Constitution gives Americans the right to exercise this amendment. The Tinker Case vs. Des Moines involves 3 minors who were suspended...

First Amendment to the United States Constitution, Freedom of speech, President of the United States 726  Words | 3  Pages

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Newcorp Scenarios Legal Brief

Scenarios Legal Brief NewCorp Scenarios Legal Brief NAME LAW/531 TEACHER NAME July 25, 2011 Write a brief answer to the questions asked at the end of each encounter. Your boss expects a substantive answer, not simply a recommendation to refer matters to an attorney. The majority of businesses in the United States do not have staff counsel, and your boss does not want to spend money getting advice until after you provide an assessment. In your answer, identify what legal principles...

At-will employment, Civil Rights Act of 1964, Employment 709  Words | 3  Pages

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Case Brief of Terry v

Running head: Terry v. Ohio, 392 U.S. 1 Case Brief of Terry v. Ohio 392 U.S. 1 October 4, 2014 Facts At approximately 2:30 in the afternoon, while patrolling a downtown beat in plain clothes, Detective McFadden observed two men (later identified as Terry and Chilton) standing on a street corner. The two men walked back and forth an identical route a total of 24 times, pausing to stare inside a store window. After the completion of walking the route, the two men would...

Fourth Amendment to the United States Constitution, Frisking, Probable cause 900  Words | 5  Pages

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Case Brief: Sutter V. Hutchings

Case Brief: Sutter v. Hutchings Case Name, Citation & Court: Sutter v. Hutchings, 254 Ga. 194, 327 S.E.2d 717, Georgia Supreme Court, decided 1985. Parties & Procedural History: Trial Court level: Plaintiff Sutter sues Defendant Hutchings. Defendant filed summary judgment motion, and court granted judgment in favor of Defendant. Plaintiff appealed. First appeal: Ga. Court of Appeals affirmed judgment for defendant. Plaintiff appeals again to Ga. Supreme Court. Facts: Mrs...

Appeal, Appellate court, Common law 614  Words | 3  Pages

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Vernonia School District V. Acton

Brycen Wojta Ms. Sheehan Gov. 12, Hr. 4 Dec. 17, 2012 Vernonia School District v. Acton (1995) Case Identification The Vernonia School District v. Acton case took place in 1995 at the Rehnquist Court at Vernonia High School in Oregon(1). This case was decided on Monday, June 26, 1995 (2). In a town named Vernonia, Oregon, the local public schools faced a major problem regarding the drug use of students while participating in high school athletics (3). The Vernonia School Board were disturbed...

Drug test, First Amendment to the United States Constitution, Fourteenth Amendment to the United States Constitution 1137  Words | 4  Pages

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Drilon v De Venecia

Drilon v De Venecia Topic: Commission on Apointments Facts: In August 2007, both the Senate and the House of Representatives (HOR) elected their respective representatives to the Commission on Appointments (CA). The contingent of the Senate for the CA is composed of 1 from KAMPI, 1 UNO, 3 Lakas-CMD, 2 PMP, 1 NPC, 1 LP, and 1 PRP. The contingent of HOR is 6 Lakas-CMD, 2 KAMPI, 3 NPC, and 1 CIBAC Party List. Because of the non representation of LP, who have 20 elected member at the HOR, to the contingent...

Alan Peter Cayetano, House of Representatives, Legislatures 831  Words | 3  Pages

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Case Brief - Chester v Afshar

Chester v Afshar - Case brief 1) Title and Citation Chester v Afshar [2004] UKHL 41 Plaintiff: Chester Defendant: Afshar Court: House of Lords Judges: Lord Steyn, Lord Hope, Lord Walker, Lord Bingham and Lord Hoffmann 2) Facts of the case Miss Chester, the plaintiff, suffered from low back pain since 1988. During 1994, Miss Chester was referred to Mr. Afshar, a neurosurgeon, who happens to be the defendant. The defendant advised the plaintiff to undergo an elective lumbar surgical procedure...

Appeal, Hong Kong order of precedence, House of Lords 767  Words | 4  Pages

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Students' Rights and Teachers' Responsibilities

press, petition, and assembly; this is usually grouped in Freedom of Expression. The big question is, does the First Amendment apply to school-sponsored student publications? This issue was decided in 1988 Supreme Court Case Hazelwood School District v. Kuhlmeier, which ruled in favor of the School District, stating that school officials can censor school-sponsored student publications when they have legitimate educational concerns (Hazelwood, 2006). This does limit the rights of students however;...

Education, First Amendment to the United States Constitution, Freedom of speech 844  Words | 3  Pages

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Texas V. Johnson

Texas v. Johnson (1989) In 1984, following a protest march through the streets of Dallas, Texas against the policies of the Reagan Administration, Gregory Lee Johnson was handed an American flag. Outside the Dallas City Hall, Johnson through the flag onto the ground, poured kerosene on it, and set fire to it. Many protesters around Johnson began a chant of, "America, the red, white, and blue, we spit on you!" While many protesters agreed with what Johnson had done, there were several others who...

Antonin Scalia, First Amendment to the United States Constitution, Flag Desecration Amendment 1126  Words | 3  Pages

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R. V Burns Case Brief

R. v Burns case Brief Case Facts The defendants Glen Sebastian Burns and Atif Ahmad Rafay were accused to have committed aggravated first degree murder in Washington State. In a confession to an undercover RCMP officer in British Columbia, posing as a mob boss, it is clamed that Burns was a contract killer hired by Rafay to kill his parents so that Rafay could get insurance money for their deaths. It is claimed that Burns beat the victims with a baseball bat while Rafay watched (para.10). They...

Appeal, Appellate court, Canadian Charter of Rights and Freedoms 2031  Words | 6  Pages

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3 Landmark Supreme Court Cases- Research Essay

themselves without punishment as well. Ingraham v. Wright is a Supreme Court case that deals with corporal punishment at school. James Ingraham, a 14 year old boy, was taken to his principal’s office for “rowdy” behavior. As a punishment for misbehaving, the principal decided to give him five swats with a paddle, although he denied doing anything wrong and refused to be punished, so he was repeatedly swatted twenty times (Jacobs, 8). According to the Legal Information Institute at Cornell University...

Due process, First Amendment to the United States Constitution, Fourteenth Amendment to the United States Constitution 1266  Words | 4  Pages

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Mcculloch V Maryland Brief

McCulloch v. Maryland 4 Wheat. 316 (1819) FACTS: The Second Bank of the United States was chartered in 1816, amid much opposition from the states. However, following many financial disasters throughout the nation, eight states, including Maryland, passed statutes restricting the “activities of the Bank or imposing heavy burdens on it.” The state of Maryland impeded the operations of the Bank by imposing a significant paper tax on all notes not chartered by the state. McCulloch, the cashier of...

Articles of Confederation, President of the United States, Supreme Court of the United States 924  Words | 3  Pages

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Carnival De Rio De Janeiro: Legal, Technological and Environmental Issues

Report Carnival de Rio de Janeiro List of contents Executive Summary Carnival de Rio de Janeiro, one of the most attended events in the world is facing the importance of sustainability. The mega event is considering legal, technological and environmental issues. Crime and drugs are some of the biggest problems in Rio during the festival. Although with environmental and technological trends seem to have a good impact on the carnival. Some of the examples would...

2016 Summer Olympics, Brazil, Brazilian Carnival 2414  Words | 6  Pages

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Legal Underpinning of Law

Legal Underpinnings of Business Law Valarie Murphy-Taylor BUS 670 Marla Muse June 09, 2014 Abstract The aim of this paper is to discuss business structure and organization and how liability differs between each organizational form. Society has set standards that govern our interactions with others. In addition, though not often obvious to the naked eye, most businesses have standards that similar to one another in governing their activities and abilities to function continually...

Business law, Corporation, Legal entities 1937  Words | 6  Pages

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Citation- Legal Brief

Citation: Babine v. Gilley’s Bronco Shop, Inc. District Court of Appeal of Florida, First District May 13, 1986 Facts: The appellant, Michael P. Babine brought suit against Gilley’s Bronco Shop, Inc. damages from injuries sustained at Kevin’s West, Inc. a nightclub, where he was thrown off the mechanical bull “El Toro”. The mechanical bull was sold to Kevin’s from Gilley’s. Gilley’s purchased it from another party. The purpose of the mechanical bull was for training rodeo cowboys. The appellant...

Bar association, Law, Legal terms 1352  Words | 3  Pages

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History Brief Windsor V. Us

the federal benefits that opposite-sex married couples do, such as federal tax benefits, immigration status, and Social Security benefits. The Supreme Court of the United States has before them a great decision to make in the case of United States v. Windsor. This will set precedent in United States federal law that allows states to refuse to recognize same-sex marriages granted under the laws of other states. The court will deliberate on the section of Defense of Marriage Act (DOMA) that defined...

Civil union, Defense of Marriage Act, Homophobia 1068  Words | 3  Pages

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Mapp v. Ohio Case Brief

1. Mapp v. Ohio, 170 Ohio St. 427, 166 N. E. 2d 387, reversed. 2. Dollree Mapp was convicted on one count in the Ohio State Court for the possession of obscene material. The possession of obscene material was illegal in Ohio and the time of the search. There was dispute of whether or not the search was permitted by search warrant. She was eventually found guilty of by the State of Ohio because the state said, “even if the search were made without authority, otherwise unreasonably, it is not...

Exclusionary rule, Fourth Amendment to the United States Constitution, Law 589  Words | 3  Pages

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Swan V. Talbot Case Brief

Swan v. Talbot, Phelan v. Gardner, Marron v. Marron Case Briefs Jennifer Beverly PA205-02 Professor Byron Grim June 20, 2011 Case Briefs Citation: Swan v. Talbot, 152 Cal. 142 (Cal. 1907) Facts: George Swan, plaintiff, sold James R. Talbot, defendant, a portion of personal property. Swan was inebriated at the time the deal was prepared. The portion of the property sold to Talbot was valued at $21,949.86. Talbot paid Swan $10,604.32, this included $200 in coin that was paid to Swan...

Appeal, Civil procedure, Court 1923  Words | 7  Pages

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accurately evaluate how sentencing and punishment attempts to balance the rights of victims, offenders and society”. Poor question. This question starts after an offender has been found guilty and is to be sentenced. This is the key part of the Legal Studies syllabus that pertains to the question: 4. Sentencing and punishment • statutory and judicial guidelines • the purposes of punishment: deterrence (specific and general), retribution, rehabilitation, incapacitation • factors affecting a...

Crime, Criminal justice, Criminal law 1488  Words | 4  Pages

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Loving V. Virginia, Introduction, Facts, Legal Background

Loving v. Virginia Interracial marriage: Respecting the Equal Protection and Due Process Clauses of the Fourteenth Amendment. I. INTRODUCTION This case note will examine the 1967 landmark Supreme Court case of Loving v. Virginia. The Loving v. Virginia case touched on constitutional principles including equality, federalism, and liberty. Just over 30 years ago, it was a crime for interracial couples in Virginia to marry, or to live as husband and wife. Prior to the 1967 case of Loving...

Fourteenth Amendment to the United States Constitution, Loving v. Virginia, Marriage 1579  Words | 5  Pages

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Search and Seizure in Public Schools

limits on "hate" speech and reconcile those limits with the decision in Tinker v. Des Moines. Importance to Education To avoid disturbance and disruption and to create and maintain a safe learning environment, public schools often adopt policies that forbid certain acts on the part of students. Included in many of these policies are prohibitions on hate speech. The opinion of the court in Tinker v. Des Moines (1969) broadly stated that students retain their first amendment rights when...

Censorship, First Amendment to the United States Constitution, Freedom of speech 1927  Words | 6  Pages

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Persuasive Speech

It shows how conformity can lead to complacency and “corrupt” our most valuable resource, our youth. School uniforms do just that.  The requirement of school uniforms can cause more problems than they solve ranging from elevated stress levels to legal issues. People will always have their opinions on the benefits of school uniforms though it’s important to consider both sides of the argument as well as considering other options such as the option of a dress code.  Growing up in Salina, Kansas left...

Dress code, Education, High school 1199  Words | 4  Pages

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Caperton v. Massey Case Brief

Hugh M. Caperton v. A.T. Massey Coal Company, Inc. 556 U.S.868 U.S. Supreme Court June 8, 2009 Facts: Hugh Caperton, C.E.O. of Harman mining (here on labeled as Caperton), filed a lawsuit against A.T. Massey Coal Company (here on labeled as Massey) alleging that Massey fraudulently canceled a coal supply contract with Harman Mining, resulting in its going out of business. In August 2002, a Boone County,West Virginia jury found in favor of Caperton and awarded $50 million in damages. Massey...

Caperton v. A.T. Massey Coal Co., Fourteenth Amendment to the United States Constitution, George W. Bush 815  Words | 3  Pages

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Landmark Case Evaluation

Information Title of landmark case(including case number): Tinker vs. Des Moines case no.21 Plaintiff: The Des Moines School System Defendant: Argued November 12, 1968 Date case argued and decided: Decided February 24, 1969 Judgment Affirmed or Reversed: Eighth Circuit reversed Case Evaluation Write three to five complete sentences to respond to each of the following items.   Issue/charges being discussed:  John Tinker, Mary Beth Tinker and Christopher Eckhar who were each suspended from their schools...

First Amendment to the United States Constitution, Fourteenth Amendment to the United States Constitution, Freedom of speech 431  Words | 3  Pages

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How to Brief a Case

How To Brief a Case Confusion often arises over the term “legal brief.” There are at least two different senses in which the term is used. Appellate brief An appellate brief is a written legal argument presented to an appellate court. Its purpose is to persuade the higher court to uphold or reverse the trial court’s decision. Briefs of this kind are therefore geared to presenting the issues involved in the case from the perspective of one side only. Appellate briefs from both...

Appeal, Appellate court, Brown v. Board of Education 2542  Words | 7  Pages

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Supreme Court Case Brandenburg V. Ohio

Brandenburg v. Ohio The Supreme Court uses various criteria for the consideration of cases. Not all cases may be chosen by the Supreme Court, so they must wisely choose their cases. The Court must be uniform and consistent with the cases they choose according to federal law. "Supreme Court Rule 17, ‘Considerations Governing Review on Certiorari'" (Rossum 28).These rules are obligatory to follow because the Court uses it to grant certiorari. There are four basic rules for Rule 17. First, the...

Brandenburg v. Ohio, Charlotte Anita Whitney, First Amendment to the United States Constitution 2201  Words | 6  Pages

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Nix V. Williams

Case Citation: Nix v. Williams - 467 U.S. 431 (1984) Facts: In 1968, 10 year old Pamela Powers was abducted and murdered outside of the YMCA in Des Moines, Iowa. A young boy claimed to have seen Williams, outside the YMCA carrying a bundle wrapped in a blanket with two white legs hanging out. The following day Williams, car was spotted approximately 160 miles outside of Des Moines. Additionally, several of the young girls clothing items were found. ; Along with Williams and with the blanket...

Associate Justice of the Supreme Court of the United States, Court, Habeas corpus 825  Words | 3  Pages

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legal brief Ochampaugh v. Seattle

Ochampaugh v. Seattle 588 P. 2d 1351 (Wash. 1979) Facts Ordinary pond owned by the city Popular with area residents for fishing and swimming The two boys were familiar with the pond and had gone there before. Neither boy could swim. There were no warning signs around the pond. The pond, while man-made, was in existence before the city purchased the land. Issue Was the pond a “trap” or extraordinarily dangerous enough to render it an “attractive nuisance” to children and thus create...

Body of water, Debut albums, Drowning 404  Words | 2  Pages

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Riggs V. Palmer Critaically evalute the legal case of Riggs v. Palmer

In the case of Riggs v. Palmer, the issue at hand is whether or not Elmer Palmer, a man who purposely poisoned his grandfather, should be allowed to collect his inheritance. It is the responsibility of Mr. Palmer's lawyer to give sound legal advice so that he may make a decision, on his own, as to whether or not he wishes to fight for his inheritance. In order for our legal system to be upheld, and as immoral as it may seem, Mr. Palmer must receive the money. By virtue, laws are intended to be a...

Barrister, Counsel, Judge 840  Words | 3  Pages

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Lemon V. Kurtzman

 First Amendment: Lemon v. Kurtzman and the Freedom of Religion Freedom of Religion is perhaps one of the greatest freedoms that the United States of America provides. The Establishment Clause and the Free Exercise Clause of are the first lines of the First Amendment to the Constitution of the United States and comprise this Freedom of Religion. They read, “Congress shall make no law respecting the establishment of religion...

Establishment Clause of the First Amendment, First Amendment to the United States Constitution, Lemon v. Kurtzman 1108  Words | 4  Pages

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Educational Law

Stew Starr at Caldwellia High School his provocative web page advocating the recreational use of illegal drugs by students was clearly something that did not belong in the educational environment. In the landmark decision of 1969, the U.S. Supreme Court in Tinker v. Des Moines Independent Community School District declared that students “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” Although Stew Starr’s website and statement are recognized under the...

Education, Faith, First Amendment to the United States Constitution 793  Words | 3  Pages

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Marbury v. Madison case brief

Marbury V. Madison (1803) Facts: Congress enacted the Organic Act which authorized John Adams to appoint forty-two justices of the peace for the District of Colombia. In the confusion of the Adams administration’s last days in office, Marshall (then Secretary of State), failed to deliver some of these commissions. When the new administration came into office, James Madison, the new Secretary of State, acting under orders from Jefferson, refused to deliver at least five of the commissions. William...

Habeas corpus, James Madison, Judicial review 1131  Words | 3  Pages

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Case Brief - R. v. Hufsky

 Title: R. v. Hufsky, [1988] 1 S.C.R 621  Parties: Werner E. J. Hufsky – Appellant v. Her Majesty The Queen - Respondent Decision: Appeal was dismissed Notions/Concepts: Constitutional Law Criminal Law Equality before the law Charter of Rights and Freedoms Arbitrary detention Unreasonable Search Refusal to provide breath sample Facts: Appellant was stopped at a random spot check by police Nothing unusual about his driving at the time of the spot check Spot check was for the purposes...

Bill of rights, Canadian Bill of Rights, Canadian Charter of Rights and Freedoms 691  Words | 3  Pages

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Case Brief: Caperton v. Massey

Case Brief 1. CASE: Caperton v. A. T. Massey Coal Co. Inc. 556 U.S. 868 (2009) 2. FACTS: A West Virginia jury issued a verdict against respondents (“Massey”) in the amount of $50 million. After the verdict, knowing that the West Virginia’s Supreme Court of Appeals would consider the appeal, Blankenship, the chairman, CEO and president of Massey contributed $3 million to help Benjamin run for office in that court in West Virginia’s 2004 judicial election. Benjamin won the election in a close...

Appeal, Caperton v. A.T. Massey Coal Co., Chief Justice of the United States 523  Words | 1  Pages

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Legal Case: Rico v. Mitsubishi Motors Corp.

Rico v. Mitsubishi Motors Corp., 42 Cal. 4th 807 (2007) Judicial History: Various plaintiffs sued Mitsubishi Motors Corporation after a sport utility vehicle rolled over while driven on a freeway. The trial court entered an order granting the defense a motion to disqualify plaintiff’s legal team and experts. The California Court of Appeal affirmed its decision and plaintiffs sought review. Facts: Plaintiffs’ attorney obtained notes from one of the defense attorneys and used them during...

Appeal, Appellate court, Civil procedure 584  Words | 3  Pages

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Ring V. Arizona Case Brief

Ring v. Arizona 122 S Ct 2428 (2002) Facts of the case: On November 28, 1994, The body of an armored van driver was found dead inside the vehicle. Also, there was more than $800,000 missing from the van leading police to believe that this was a robbery and homicide case. There were no witnesses to the crime except a local bystander who stated that two vehicles, a van and a red truck were speeding down the road earlier that day and had neglected to stop at the intersection where there is a stop...

Chief Justice of the United States, Court, Crime 1365  Words | 5  Pages

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salomon v salomon

Introduction This essay will examine the legal standing of the doctrine of 'separate legal personality' as it was developed in Salomon v. Salomon & Co Ltd [1897] AC 22. Even though this doctrine is the stone head of the English company common law, the courts introduced several exceptions which undermined the 'veil of incorporation'. The exceptions were firstly introduced in the mid-60s by Lord Denning in Littlewoods Mail Order Stores Ltd. V IRC [1969], and allowed the court to lift the veil and...

Company, Corporation, Corporations law 1783  Words | 6  Pages

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Should Students Who Engage in Cyberbullying, Even Off Campus Face Sanctions at School?

sides of such acts. Schools have to keep in mind the legal and political issues to take into considerations when find proactive means to fight cyberbullying. The dilemma with this issue is that while it may begin off campus it can easily cause problems at school. When it does, principals can act based on the disruption that occurs to the school’s program. But, based on the decision of the US Supreme Court in Tinker vs. Des Moines (1969) you can only act when student speech causes a substantial...

Abuse, Bethel School District v. Fraser, Bullying 991  Words | 3  Pages

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Case Brief Summary: Marbury V. Madison

Case Brief Summary: Marbury v. Madison Robert L. Broadwater PAD 525 Strayer University Dr. O’Neal July 09, 2012 Summary of Marbury v. Madison, 5 U.S. 137, 1 Cranch 137, 2 L. Ed. 60 (1803). Facts The incumbent president Federalist John Adams was defeat in the presidential election by Democratic-Republican Thomas Jefferson. The day before leaving office, President John Adams named forty-two justices of the peace and sixteen new circuit court justices for the District of Columbia. This was...

Habeas corpus, James Madison, Law 1102  Words | 4  Pages

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Ap Gov. Chapter Four Study Guide

Civil Liberties and Civil Rights Study Guide A. Chapter 4: a. Terms: i. Civil Liberties: The legal constitutional protections against government. Although our civil liberties are formally set down in the Bill of Rights, the courts, police, and legislatures define their meaning. ii. Bill of Rights: The first 10 amendments to the US Constitution, which define such basic liberties as freedom of religion, speech, and press and guarantee defendants' rights. iii. First Amendment: The constitutional...

Fifth Amendment to the United States Constitution, First Amendment to the United States Constitution, Fourteenth Amendment to the United States Constitution 1445  Words | 5  Pages

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CJ Brief

Jackson Smith Case Brief February 23, 2015 Arizona v. Grant 556 US 332 [2009] References ARIZONA v. GANT. The Oyez Project at IIT Chicago-Kent College of Law. 19 February 2015. <http://www.oyez.org/cases/2000-2009/2008/2008_07_542>. Farb, Robert L. "Arizona v. Gant." (n.d.): n. pag. Sog.unc. The University of North Carolina at Chapel Hill, 26 Aug. 2009. Web. 19 Feb. 2015. <http://www.sog.unc.edu/sites/www.sog.unc.edu/files/arizonagantbyfarb.pdf>. Facts In Arizona the state police arrested Rodney...

Appellate court, Arrest, Fourth Amendment to the United States Constitution 1542  Words | 6  Pages

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legal ethics catu v rellosa

complying with the exacting ethical standards of the legal profession, respondent failed to comply with Canon 7 of the Code of Professional Responsibility: CANON 7. A LAWYER SHALL AT ALL TIMES UPHOLD THE INTEGRITY AND THE DIGNITY OF THE LEGAL PROFESSION AND SUPPORT THE ACTIVITIES OF THE INTEGRATED BAR.              A lawyer who disobeys the law disrespects it. In so doing, he disregards legal ethics and disgraces the dignity of the legal profession. Every lawyer should act and comport himself...

Admission to practice law, Bar association, Disbarment 875  Words | 2  Pages

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Supreme Court of the United States and U.s. District Court

 1. After viewing the tutorials on finding a case in Westlaw, please locate the following legal sources. Give the proper Bluebook citation for the source and also one paragraphs summary of its contents 1. Case: 393 U.S. 503 [the case came out in 1969] A group of students in Des Moines school sued the school for depriving rights of their expression of the Vietnam War. They were suspended from school for wearing black armbands to support peace in the Vietnam War while on the campus premises. The...

Grocery store, Law, Supreme Court of the United States 1054  Words | 3  Pages

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Legal Philosophy

Legal Philosophy Positive Law Law as the Sovereign’s Command – John Austin * the subject of jurisprudence is positive law * law set by political superiors to political inferiors Command – a significance of desire In commands, unlike in other significations of desire, the one commanding has the power to inflict evil or harm upon the one commanded, once the command is ignored. Command and Duty are correlative terms (parang games lang, haha!) * wherever a duty lies, a command...

Human rights, Jurisprudence, Justice 612  Words | 3  Pages

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Kentucky v. King case brief

Case Name: Kentucky v. King, 563 U.S. (2011) Facts: In Lexington, Kentucky, police officers followed a suspected drug dealer to an apartment building where he went. When they arrived outside of the door to the apartment where the suspect was they reportedly could smell marajuana. The police then knocked and shouted they they were there and in return they could hear what sounded like people destroying the evidence and running around. The police then knocked down the door and saw the respondent...

Appellate court, Constable, Court 770  Words | 3  Pages

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