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Flashcards in Midterm Deck (44)
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1

3 power bases of US government

Federal Government, States, "the people"

2

3 branches of government

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

3

Powers of the Senate

confirm/not confirm presidential appointments, approve judicial appointments

4

Power of the House

initiate tax and spending bills, impeach president

5

Who passes laws?

2 Houses of congress

6

Function of Executive branch?

Enforce the law, flesh out the laws

7

Who creates federal courts?

Congress

8

What are district courts?

Trial courts

9

What are circuit courts?

Appeals court

10

Who does Supreme Court hear appeals from?

Circuit courts

11

Who appoints federal judges?

President

12

Types of courts at the state level

Housing, probate, small claims, juvenile

13

Types of colleges

public, private, sectarian

14

Typical structure of public college?

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

15

Typical structure of private college?

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

16

Typical structure of sectarian college?

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

17

What is FERPA?

makes sure students records are kept confidential

18

Four main points of FERPA

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.

19

What is a student record?

A record in any form that is personally identifiable

20

Only exception to FERPA?

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.

21

Can you sue under FERPA?

NO

22

Due process of a hearing:

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.

23

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

Scrivener's Error aka typo or other mistake

24

Who enforces FERPA?

Department of Education, specifically the Family Policy Compliance Office

25

What is a tort law?

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

26

Are torts different in every state?

Yes

27

What is a plaintiff?

Person who was damaged/harmed

28

What is a defendant?

Person who was allegedly negligent

29

What is negligence?

Failure to adhere to standard of care

30

What is malpractice?

Negligence by a professional