Law Definitions: Part 1

Question 1

Public Open Forum

Answer 1

• Government owned; opened to speech

- Can’t regulate what is said except for time, place, and manner; not content.

Question 2

Lemon Test

Answer 2

• Does it violate establishment clause?
  1. Secular purpose?
  2. Has an effect that neither advances nor inhibits religion?
  3. Does the action avoid excessive entanglement with religion?

Question 3

Due Process

Answer 3

Notice and hearing of why

Question 4

Which has a greater right? Suspension or expulsion?

Answer 4

Expulsion

Question 5

What are the special ed laws?

Answer 5

• Rehabilitation Act; Section 504
• ADA (American w/Disabilities Act)
• IDEIA (Indiv. w/ Dis Ed Improvment Act)

Question 6

What is assault?

Answer 6

Willful attempt or threat to inflict injury upon another person; might not be touching

Question 7

What is battery?

Answer 7

Intentional and wrongful physical contact with a person without consent; touching

Question 8

What is defamation?

Answer 8

Intentional false communication to 3rd person; slander or libel

Question 9

Local entities

Answer 9

• local school board
• local superintendent
• principal

Question 10

Teacher Evaluations

Answer 10

Must get written evaluation 30 days prior to end of school year

Question 11

California Case Law (Branch)

Answer 11

Judiciary branch; law from cases in court

Question 12

California Statutes (Branch)

Answer 12

Legislative branch; written by congress (ed code)

Question 13

Federal Statute (Branch)

Answer 13

Legislative branch; law

Question 14

Federal Case Law (Branch)

Answer 14

Judiciary branch

Question 15

Federal Administration Regulations (Branch)

Answer 15

Executive Branch

Question 16

Private Property Forum

Answer 16

No rights

Question 17

Regulations for Forums

Answer 17

Time, place, and manner

Question 18

Negligence

Answer 18

4 part test:

• duty of care
• breach of duty
• injury
• proximate cause

Question 19

Defenses to Negligence

Answer 19

Contributory: injured party’s own conduct contributed to injury
Comparative: partically at fault with other people
Assumption of Risk: student understands the risk and accepted the possibilioty of harm

Question 20

Rational Scrutiny

Answer 20

Rational reasons for making laws; least

Question 21

Intermediate Scrutiny

Answer 21

Gender, non-marital children, children from other countries; looked at closely

Question 22

Strict Scrutiny

Answer 22

Race; fundamental rights; based on past history

Question 23

Unsatisfactory Evaluations

Answer 23

Requirements in the Ed Code and usually part of the collective bargaining agreement

Question 24

State Entities

Answer 24

Board of Ed; Superintentent of public institution; county board of ed; county superintendent

Question 25

Statute

Answer 25

State or federal law

Question 26

Proximate cause

Answer 26

the relation or nexus between defendant’s action and resulting injury