Midterm

Question 1

3 power bases of US government

Answer 1

Federal Government, States, “the people”

Question 2

3 branches of government

Answer 2

Congress/Legislative, President/Executive, Supreme Court/Judicial

Question 3

Powers of the Senate

Answer 3

confirm/not confirm presidential appointments, approve judicial appointments

Question 4

Power of the House

Answer 4

initiate tax and spending bills, impeach president

Question 5

Who passes laws?

Answer 5

2 Houses of congress

Question 6

Function of Executive branch?

Answer 6

Enforce the law, flesh out the laws

Question 7

Who creates federal courts?

Answer 7

Congress

Question 8

What are district courts?

Answer 8

Trial courts

Question 9

What are circuit courts?

Answer 9

Appeals court

Question 10

Who does Supreme Court hear appeals from?

Answer 10

Circuit courts

Question 11

Who appoints federal judges?

Answer 11

President

Question 12

Types of courts at the state level

Answer 12

Housing, probate, small claims, juvenile

Question 13

Types of colleges

Answer 13

public, private, sectarian

Question 14

Typical structure of public college?

Answer 14

government oversight agency (MA board of Higher Ed), governing board (Board of Trustees), chief executive (president/chancellor)

Question 15

Typical structure of private college?

Answer 15

state Attorney General’s office, department of Ed, accrediting agency

Question 16

Typical structure of sectarian college?

Answer 16

state Attorney General’s office, department of Ed, accrediting agency, church entity

Question 17

What is FERPA?

Answer 17

makes sure students records are kept confidential

Question 18

Four main points of FERPA

Answer 18

Colleges must provide students with written policy of their rights. Colleges must allow students access to their records. Colleges can’t give access to students records without their consent. Colleges must allow students to challenge content of their records.

Question 19

What is a student record?

Answer 19

A record in any form that is personally identifiable

Question 20

Only exception to FERPA?

Answer 20

Personal notes used as a memory aid (aka spelling name phonetically). Letters of recommendation where student has waived access. Parents financial information. Law enforcement records.

Question 21

Can you sue under FERPA?

Answer 21

NO

Question 22

Due process of a hearing:

Answer 22

1. inform the student of time and place of hearing (fair notice).
2. provide an impartial decision maker
3. provide the student a fair opportunity to be heard.
4. student has a right to the counsel of their choice.

Question 23

When is the only time a hearing process is to be used?

Answer 23

Scrivener’s Error aka typo or other mistake

Question 24

Who enforces FERPA?

Answer 24

Department of Education, specifically the Family Policy Compliance Office

Question 25

What is a tort law?

Answer 25

civil wrong for which the law allows a remedy to individuals who have suffered a harm

Question 26

Are torts different in every state?

Answer 26

Yes

Question 27

What is a plaintiff?

Answer 27

Person who was damaged/harmed

Question 28

What is a defendant?

Answer 28

Person who was allegedly negligent

Question 29

What is negligence?

Answer 29

Failure to adhere to standard of care

Question 30

What is malpractice?

Answer 30

Negligence by a professional

Question 31

What is a duty?

Answer 31

found in law, job responsibility

Question 32

What is a breach of duty?

Answer 32

Failure to obey law or act reasonably

Question 33

What is proximate cause?

Answer 33

Link between breach of duty and resulting harm

Question 34

What is harm?

Answer 34

Actual loss

Question 35

What is sovereign immunity?

Answer 35

You can't sue the sovereign

Question 36

How much can you sue the commonwealth for?

Answer 36

Max $100,000

Question 37

Special damages in tort case:

Answer 37

Property damages, lost wages, medical bills

Question 38

General damages in tort case:

Answer 38

pain and suffering

Question 39

What does "respondeat superior" mean?

Answer 39

Let the superior answer

Question 40

3 elements of judicial system:

Answer 40

1. rules that regulate conduct 2. process to adjudicate allegations 3. sanctions, the ability to attach negative consequences to violations

Question 41

2 judicidal systems:

Answer 41

discipline system and honor code

Question 42

What does due process consist of?

Answer 42

1. fair notice 2. opportunity to be heard 3. impartial decision maker

Question 43

How is a decision made in the conduct process?

Answer 43

Preponderance of evidence (50% and a feather)

Question 44

3 bases of appeals:

Answer 44

1. unjust sanction 2. new evidence 3. procedural error