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66 Cards in this Set
- Front
- Back
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constitution
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document that establishes rules (1787)
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Separation of powers
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Executive (management)
Legislative (makes laws) Judicial (enforces laws) |
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Statute
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formal, written law
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Case law
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laws established by court decisions
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Civil law
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laws governing relations between individuals
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Stare Decisis
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to stand by your decision
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Precedence
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using previous cases to decide upon current case with similar facts
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Writ of Certiorari
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"to be fully informed" Superior courts using inferior court decisions
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7th court of appeals
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federal court with appellate jurisdiction
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Civil Action
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case brought about by individual towards another individual. Lawsuit filed against another for damages
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Administrative Laws
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laws from admin. agencies of government
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fundementality
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fudemental rights like: Due Process and education
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utilitarianism
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for the greater good for the greater number
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federalism
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government controlled by a head person with national and state powers
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General Welfare Clause
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constitutional phrase that allows for education
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Land Ordinance act 1785
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Tax money raised to through land sales out west
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Sunshine laws
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public deliberation of school boards. Sets precendence of closed and open meetings
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Ultra Vires
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"Beyond the Powers" cant take action outside of jurisdictions
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Public Notice of meetings
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1. Date and time of mtg.
2. 48 hour notice 3. public notice |
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Secular
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Non religious
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Sectarian
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religious
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Establishment clause
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government shall make no laws respecting religion or prohibiting free exercise therof
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Equal Access Act
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all groups will be allowed access if one group has access.
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School Choice
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can attend any public school
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vouchers
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monies to help support choice of public or private school
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10th Amendment
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Power to states then power to school board
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Tort
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civil wrong as opposed to criminal wrong
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Intentional Tort
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intentionally infliciting wrong
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Negligent tort
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failure to use reasonable care in protecting students from harm
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Constitutional tort
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when wrongs are unconstitutional
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Assault
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violence (verbal) against another
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Battery
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act of injuring another in an act likely to cause bodily harm
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Negligence
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failure to use reasonable care in protecting students from harm
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Contributory negligence
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negligence that makes damages worse
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Assumption of risk
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Activities that have assumed risks such as: football, pole vault
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Sovereign Immunity
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decisions made by government officials cannot cause them to be held liable.
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Libel
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harmful words in print
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slander
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harmful spoken words
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defamation
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false claims that harm a person's reputation
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malice
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purposely and malicious intent to harm
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De Facto
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unintentional segregation such as housing
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De Juro
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purposefully contributing to segregation such as separating student schools due to race
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Least restrictive environment
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the right for students to be educated with non-disabled peers to the best extent possible
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Civil rights act of 1964
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outlawed discrimination
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Title IX
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outlawed discrimination due to gender
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EAHC (PL 94-142)
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Requires all public schools to provide equal access to education to all children with disabilities (Equal Access Handicapped Children)
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IDEA
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Individual with Disablilities Act (FAPE)
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FAPE
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Free Appropriate Public Education
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Plessy vs Ferguson
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"separate but equal" separate train cars
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ADA
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outlawed disability discrimination (American Disabilities Act)
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Tenure Contract
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1 yr. = 120 days
1-2 years non-permanent 3-5 years semi-permanent 6+ permanent |
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why teacher tenure?
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1. remove political abuse
2. prevent arbitrary interference of board 3. provide experienced teaching force 4. job security |
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PL 217
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Collective bargaining
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Due Process
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1. Notice
2. Hearing 3. Impartial witness 4. Present 5. Right to counsel |
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Deliberate indiference
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reckless disregard for consequenses (causing or contributing to damages)
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manifestation destination
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is the undesired behavior due to the child's disability
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Child Benefit Theory
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must benefit the child (text book loans) Cochren vs. For greater good of the public
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Executive session
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1. collective bargaining
2. litigation 3. security systems 4. purchase real estate 5. interviews 6. personnel issues 7. confidential records 8. student placements |
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Open meetings
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Trend-accesibility
Public Notice Sunshine laws--public deliberation |
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Quorum
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Simple majority
minimum number of menbers of deliberating body |
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Case citation
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title, volume, page number, year
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Sources of school law
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Constitution
Statutes Case laws |
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Common Schools
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free public schools
Article 8 Section I |
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Implied Authority
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School board makes legal decision for the school. State gives the board implied authority
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Ministerial Power
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must follow laws imposed by state but have some leeway such as 180 of school, but make own calendar
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Discretionary power
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ie. hiring teachers, purchasing busses...
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