•
CONSTITUTIONAL LAW:
FUNDAMENTAL RIGHTS
FOURTEENTH AMENDMENT:
•
DUE PROCESS
•
•
•
•
SUBSTANTIVE – IS THE TREATMENT FAIR; ARE
THE LAWS/POLICIES REASONABLE?
EQUAL PROTECTION
•
•
PROCEDURAL – IS THE PROCESS FAIR?
IS CLASSIFICATION FOR PURPOSES OF
ASSIGNING BURDEN OR BENEFIT FAIR?
•WE THE
PEOPLE IN
ORDER TO
FORM…
FIRST AMENDMENT:
•
•
FREE SPEECH
RELIGION
FOURTH AMENDMENT:
•
SEARCH & SEIZURE
EDLP 705
1
BRANCHES OF GOVERNMENT
EDLP 705
2
STATUTES & COURTS
•Statutes are the laws passed by
Federal or State Legislatures.
• Federal and State Courts interpret
the Constitutions and Statutes
(Laws).
Public schools are governed
primarily by state laws…why?
Increasing federal influence
Constitutional and statutory
provisions establish and identify
rights & responsibilities.
•
•
•
3
EDLP 705
HOW A BILL BECOMES LAW…
4
EDLP 705
5
EDLP 705
REVIEW SYLLABUS & ASSIGNMENTS
• Key points in syllabus
•
•
•
•
Text: School Law and the Public Schools
(6th ed.) by Nathan L. Essex [2016].
• Assignment Dates & Descriptions
•
Grades will be based on (pp. 3-4):
•
Legal Brief (30%),
Course Courtesy: Online courses and
interactions can be difficult, please adopt
the Carolinian Creed as a guiding principle
for your all of your actions in this course
(p.2).
Due Date: May 31st
Schedule: Session/ Topics/ Reading
Assignments in syllabus (p. 5).
•
Due Date: June 21st
Student Disability Services: "Any student
with a documented disability should contact
the Office of Student Disability Services at
803.777.6142 to make arrangements for
appropriate accommodations. Please do
this as soon as possible.”
•
EDLP 705
•
Legal Issue Presentation: (30%),
Due Date: June 7th
•
Legal Essay Answers (40%).
Sample case brief and handouts are
posted under Course Documents in
file “Legal Brief Materials”.
Discussion Sessions (p. 5): Weekly
class discussion sessions will be held
using Adobe Connect – participation is
encouraged but not required).
6
Legal Case Citation
Name of Reporter
Daniel R.R. v. State Bd. of Educ., 874 F.2D 1036
(5th Cir. 1989)
Volume Number
Name of Case
Court and Year
of the Decision
7
Page Number
LITIGATION BASICS
Trial court proceedings
•
•
Parties: Plaintiffs & Defendants
Pleadings
•
•
•
•
Plaintiff files a complaint, sets forth the alleged facts that led to the lawsuit, and
identifies causes of action (i.e., legal claims upon which the lawsuit is based);
alleged facts must support causes of action.
Defendant files an answer (to the complaint), denies claims, lists defenses, and may
file motion to dismiss.
Venue: Where the lawsuit or claim will be litigated.
•
State Court or Federal Court
Jurisdiction: Whether the court has authority over the case/causes of action (and parties)
•
Differs from standing (whether plaintiff has right to bring claim) and mootness (whether claim is
live)
EDLP 705
8
LEGAL MOTIONS
•
•
•
•
•
Legal Motion: Generally, this is a request to bring a matter before the court for a decision
about a specific case.
Motion to Dismiss: This request asserts that there is not legal remedy for the claim and
thus seeks a court ruling to in effect, deny and dismiss the claim.
Motion for Summary Judgment: This motion seeks a decision from the court based on
the available evidence, even if taken in the light most favorable to the non-moving party,
to rule in favor of the moving party.
Motion for a Directed Verdict: Similar in concept to a Motion to Dismiss, but occurs
after a plaintiff or prosecutor has presented evidence; and asks the Court to rule that
plaintiff has not proven the case, thus the defense need not present evidence.
Motion for Judgment n.o.v.: (non obstante veredicto, or notwithstanding the verdict)This
request is seeking a reversal of the jury's verdict, claiming that the jury could not
reasonably have reached such a verdict.
EDLP 705
9
DISCOVERY
• DEVICES USED BY THE PARTIES TO GAIN
INFORMATION/FACTS AND TO NARROW THE ISSUES FOR
TRIAL
• EXAMPLES INCLUDE:
• REQUESTS FOR DOCUMENTS
• WRITTEN INTERROGATORIES
• REQUESTS FOR ADMISSIONS
• DEPOSITIONS
EDLP 705
10
TRIAL
• CAN BE BEFORE A JUDGE OR JURY
• OPENING STATEMENTS
• PRESENTATION OF EVIDENCE (THROUGH WITNESSES AND
DOCUMENTS)
• CLOSING ARGUMENTS
• SUBMISSION FOR DECISION (IF JURY, WITH INSTRUCTIONS)
• DECISION
EDLP 705
11
TRIAL COURT PROCEEDINGS
TIMELINE
Complaint
filed
Trial
Discovery
Motion to
dismiss
EDLP 705
Motion for
summary
judgment
12
Remedies
 Legal remedy (also judicial relief) is the how a court of law,
usually in the exercise of civil law jurisdiction, enforces a right,
imposes a penalty, or makes some other court order to impose
its will.
 Damages
 compensatory- an award to reimburse the injured party
 punitive- an award to punish
 nominal- a small sum awarded to the plaintiff where no
substantial loss has occurred
 Equitable relief
 injunctive relief (prohibitive and mandatory)
 specific performance
EDLP 705
13
LITIGATION BASICS
Appellate proceedings
Parties
appellant - person or entity appealing lower court decision
respondent (or appellee) person or entity responding to appeal, usually the
prevailing party in lower court
Appellate courts
courts of appeal
supreme courts (by writ)
Submission of case – through briefs, transcript of lower court proceedings and
oral arguments
Standard of review
EDLP 705
14
STANDARD OF REVIEW
Standard of review: Degree of deference given by a court
when reviewing a lower court decision.
Low standard of review permits reversal if there is any
error at all in the lower court's decision.
High standard of review results in deference to the
decision under review, unless the higher court considers
the decision to have obvious error.
Typically, the standard of review is set by statute, rule or
precedent (i.e., prior case law).
EDLP 705
15
LEGAL BRIEFING PROCESS:
HOW TO READ & UNDERSTAND A COURT CASE
• Issue(s): the dispute/question
• Holding: the answer to the issue (decision)
• Facts: actual circumstance or events
• Procedural History: previous court ruling(s)
• Reasoning: how court reached decision
• Be sure to include the doctrine or legal principle that
guided the court’s decision
• Comment: implications/impact of the case
EDLP 705
16
CASE BRIEF ASSIGNMENT
• Each Legal brief is to include:
• (1) Case Name and Citation;
• (2) Student’s Name;
• (3) Date Submitted;
• [4] Issue(s): the dispute/question
• [5] Holding: the answer to the issue (decision)
• [6] Facts: actual circumstance or events
• [7] Procedural History: previous court ruling(s)
• [8] Reasoning: how court reached decision
• [9] Comment: implications/impact of the case
EDLP 705
17
VALUE OF LEGAL BRIEF PROCESS
•ORGANIZATION & ATTENTION TO DETAIL
•HONE ANALYTICAL SKILLS
Provides a logical
framework for
analyzing issues and
resolving conflicts!
EDLP 705
18
ADDITIONAL LEGAL CONCEPTS
• Consult the text Appendix (pp. ) for guidance and definition of common
legal terminology that may arise in reading assignments and in the court
cases.
• Legal Terms
•
•
•
•
•
CONSTITUTIONS- A BODY OF PRECEPTS THAT PROVIDE A FRAMEWORK OF LAW
WITHIN WHICH ORDERLY GOVERNMENT PROCESSES CAN OPERATE
STATUTES- AN ACT OF GOVERNMENT EXPRESSING LEGISLATIVE WILL AND
CONSTITUTING A LAW OF THE STATE
PRECEDENT- A DECISION CONSIDERED AS FURNISHING AN EXAMPLE OR AUTHORITY
FOR AN IDENTICAL OR SIMILAR CASE IN THE FUTURE
CASE LAW OR “COMMON LAW-”THESE TERMS ARE USED TO DISTINGUISH RULES OF
LAWS ENUNCIATED BY THE COURTS FROM THOSE THAT HAVE ORIGINATED IN
LEGISLATIVE BODIES
CIVIL LAW- A SYSTEM OF STATUTES IN WHICH THERE IS NO RELIANCE ON PRECEDENT
EDLP 705
19
FEDERAL AND STATE LAWS SIGNIFICANTLY INFLUENCE EDUCATION:
WHAT SHOULD YOU DO OR KNOW TO MAKE A DIFFERENCE?

ADVOCATE FOR IMPROVED LAWS & POLICIES.

USE THE LAW AS A CREATIVE TOOL, NOT SOLELY AS A
PRESCRIPTIVE FRAMEWORK.

USE THE LAW TO FACILITATE MEANINGFUL ACCESS TO
EDUCATION AND PROMOTE THE WELL-BEING OF STUDENTS,
TEACHERS, ADMINISTRATORS, PARENTS, FAMILIES, AND THE
LOCAL COMMUNITY.
EDLP 705
20
LEGAL TERMS
• CONSTITUTIONS - A BODY OF PRECEPTS THAT
PROVIDE A FRAMEWORK OF LAW WITHIN WHICH
ORDERLY GOVERNMENT PROCESSES CAN OPERATE
• STATUTES - AN ACT OF GOVERNMENT EXPRESSING
LEGISLATIVE WILL AND CONSTITUTING A LAW OF THE
STATE OR FEDERAL GOVERNMENT
• PRECEDENT - A DECISION CONSIDERED AS
FURNISHING AN EXAMPLE OR AUTHORITY FOR AN
IDENTICAL OR SIMILAR CASE IN THE FUTURE
• CASE LAW OR COMMON LAW - THESE TERMS ARE
USED TO DISTINGUISH RULES OR LAWS ENUNCIATED
BY THE COURTS FROM THOSE THAT HAVE
ORIGINATED IN LEGISLATIVE BODIES
EDLP 705
21
Statute Citation
20 U.S.C § 1401(20)(A)
Title Number
Section Symbol
Subsection Details
Section Number
United States Code
22
Regulation Citation
Section Symbol
34 C.F.R § 300.550(A)(1)
Title Number
Code of Federal
Regulations
Section Number
23
Subsection Letter
& Number