Was Bernhards Accident as a Result of the School and Some of Its Employees Negligence - Assignment Example

Employees were only liable for negligence when their acts result in students’ bodily injury. Significance: The Barr v Bernhard case served as a catalyst for the human rights movement to have the legislature change statutes that do not correlate with the legislative’s intents in a constitution.

This case was decided many years ago and eight years after the court’s decision, the legislature had not changed the statute. Case Brief 2Citation: Goss v Lopez (1975)Issue: Is suspension from public schools without a hearing just to student’s rights under the Fourth Amendment?Holding: The United States Supreme Court held that before a student from a public school is subjected to a suspension, the student should get the chance to explain his or her actions in a hearing (Find Law, 2015). According to Emanuel and Emanuel (2008) and Wasserman (2004) giving suspensions without a hearing violates the American constitution.

The court held that suspending students from public schools without a hearing was in violation of the due process clause, stipulated in the Fourth Amendment of the constitution. Reasoning: Central High School where the nine students got suspended violated the due process clause because the students got suspended without first going through the school board’s healing process. Though the students destroyed the school property which resulted in a disruption of learning the students were still entitled to an education which was taken away when they got suspended.

According to Cole & Smith (2007) and Alexander and Alexander (2011) students have an entitlement to their due process of the law stipulated in the constitution Significance: This case forms a basis as an example for other future cases where students’ rights to public education get violated.