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l + e notes
| Question | Answer |
|---|---|
| the ability to spot legal issues, identify applicable laws or legal standards, and apply relevant legal rules to solve legal dilemmas. | legal literacy |
| Why is legal literacy important? | to avoid unintentionally violating an individual's rights - to reduce anxiety - to improve decision making - to prevent lawsuits - to save money - to advocate for changes in the law |
| federal and state constitutions, federal and state statutes, federal and state regulations, and federal and state case law | primary sources of law |
| aw reviewed articles, dear colleague letters, and educational law websites | secondary sources of law |
| Federal Court Hierarchy | United States Supreme Court (1) , Court of Appeals ( 13) , District courts ( 94) |
| When can federal courts hear disputes? | ONLY if they are between citizens of different states or if an issue related to a federal question (united states constitution and federal statue) is involved |
| Who gets to decide what is taught in schools? | State legislatures and departments of education, school boards, courts, teachers, students, parents |
| Torts | negligence, intentional torts, and defamation |
| negligence | an injury that occurs in which a reasonable person could have anticipated the results (reasonableness , foreseeability) |
| intentional torts | battery- contact with another that is intentionally harmful or offensive without their consent ( a student hits a teacher in the face) - assault ( an intentional act that places another person in reasonable apprehension of immediate harmful or offensive c |
| defamation | injury to reputation caused by a false statement ( slander - spoken) - (libel - written) |
| Ethic of Care | focuses on the 3 “C”- care, concern, and connection |
| Ethic of justice | focus on rules, polices, and laws when making decisions, - fairness, justice, and the rule of law are valued |
| Ethic of Critique | challenges the status quo - critiques law itself as well as the process used to make laws - confronts issues such as oppression and discrimination - tackles issues of power, privilege, and inequities embedded within the social order) |
| Ethic of Profession | relies on the professional principle that the “best interest of the student” is the primary concern of educators - emphasizes adherence to the professional principles, codes, and rules |
| Ethic of Community | Posits that schools must serve the needs, interests, and public good of the community - understands a schools’ role in community development, prioritizes societal outcomes over individual outcomes |
| 1st Amendment | Establishment Clause + Free exercise Clause ( congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof |
| Establishment Clause | The government (federal, state, or local) cannot establish an official religion, favor one religion over another, or promote religion over non- religion |
| Establishment Clause Tests | Coercion Test, Lemon Test, and Endorsement Test |
| Free Exercise Clause | The government cannot interfere with one's ability to practice their religion or discriminate against individuals based on their religion |
| Tinker v. Des Moines | Schools may censor student speech or discipline students for speech that causes a material interference with or substantial disruption of education process - Materially disrupts class work or involves substantial disorder - collides with the rights of |
| C.s. v. McCrumb | gun on hat - is a disruption because of the history involved with gun violence at the school (without the history it would be fine) |
| Can schools regulate appearance and dress code? | Schools can regulate student grooming & attire if based on legitimate educational and safety objectives; however, grooming and attire can also be considered a form of student expression, which would implicate the 1st Amendment. |
| Levels of Scrutiny | strict scrutiny, intermediate scrutiny, and rational based review |
| Strict Scrutiny | The law/ action must be narrowly tailored to achieve a compelling government interest (race, national origin, alienage) |
| Intermediate Scrutiny | the law/ action must be substantially related to an important gov interest ( sex and gender) |
| Rational Based Review | The law/ action must be rationally related to a legitimate government interest (age, ability, socioeconomic status) |
| Can schools discipline on campus speech? | - materially or substantially interferes with the operation of the school or collides with the rights of others (tinker) - is school sponsored (Hazelwood) - Is indecent, lewd, or vulgar(Bethel) - Promotes illegal drug use (Morse) - Is a direct, true thre |
| 1st Amendment | Constitutional Law : “congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press” |
| Equal Access Act ( EAA) | If a federally assisted public secondary school provides a limited open forum for non curricular student groups to meet during non-instructional time, “equal access” must be granted regardless of religious, political, or philosophical content of the speec |
Created by:
addyrussell