Law School Vocabulary Flashcards

Law
Terms Definitions
Absolute
school board/superintendent
Staredecisis
Let the decision stand
Amendment Four
UNREASONABLE search and seizure
Columbia U
Rank: 4
GPA: 3.58-3.82
LSAT: 170-175
Malice
intention to harm/injure your good name
Plenary Power
Belonging to the states (rights)
Yale U (CT)
Rank: 1
GPA: 3.81-3.97
LSAT: 169-177
agency
an organization, company, or bureau that provides some service for another:
Liberty Rights
burdon of proof lies with employee
Law
Rule of civil conduct perscribed by local/federal mandate commanding what is right and prohibiting what is wrong
Article 1 section 10 of 
US Constitution
contracts clause
compensatory
serving to compensate, as for loss, lack, or injury.
ameliorator
to make or become better, more bearable, or more satisfactory; improve; meliorate.
Negligence
failure to exercise the degree of care for the safety and well-being of others that a reasonable and prudent person would exercise under similiar circumstances.
Doctorine of Precedents
requires that 'like cases bedecided alike'. If a case now before the court has factsand raises issues similar to those of a previously decidedcase, then the present case will be decided in the same wayas the earlier one. In this way, the earlier case, referredto as 'a precedent' will have provided a legal basis onwhich the latter case and subsequent cases could bedecided
certiorari
a writ issuing from a superior court calling up the record of a proceeding in an inferior court for review.
stare decisis
the doctrine that rules or principles of law on which a court rested a previous decision are authoritative in all future cases in which the facts are substantially the same.
Gov. Immunity
simple = immunity; can do no wrong, isn't automatic.
Wisconsin v. Yoder 1972 Wisconsin
Compulsory attendance Under which grounds can compulsory attendance be contested? RULING: The Supreme Court upheld the Amish position of not having to send their children to school beyond the eighth grade contending that enforcing the law would conflict with the free exercise of their established Amish, religious beliefs.
Lemon v. Kurtzman
Ruled that state aid to parochial schools is a violation of "excessive entanglement"
-precedented a test for excessive entanglement
mandamus
a writ from a superior court to an inferior court or to an officer, corporation, etc., commanding that a specified thing be done.
Grigg v Virginia 1982 Virginia
Distinguished between home school and private school. Found that home school and private school are not the same.
Edwards v. Agulliard (1987)
law requiring the teaching of creation along with evolution ruled unconstitutional
Lamb's Chapel v. Center Moriches School District 1993 New York
Equal Access Act=let everyone use facilities or no one. Churches have the right to use facilities after school hours.
Givham v. Western Line Consol. School District
Set framework for teacher protected speech, as long as it is not disruptive.
Mt. Healthy City Board of Ed. v. Doyle
Not a continuing contract teacher; showed incompetence of Property right performance; no violation of Liberty Rights; make sure you have independent evidence of incompetence.
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