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law in higher education > Law Pt 1 > Flashcards

Law Pt 1 Flashcards

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1
Q

Case Law

A

Judge-made law. Settle disputes between parties; or interpret legislation

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2
Q

Statutory Law

A

Made by the legislature declaring, demanding, or prohibiting something.

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3
Q

Constitutional Law

A

United States Consitution = law of the land.

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4
Q

Plaintiff

A

Person who initiates the action. Requests the court grant specific relief

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5
Q

Injunction

A

Plaintiff ordering the party to discontinue the illegal act

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6
Q

Appellant/Appellee

A
  1. Person who appeals the case

2. Other party

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7
Q

Remanded

A

Process where an appeals court returns a case to the trial court to retry the case or to modify the decisions.

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8
Q

Motion to Dismiss

A

Based on grounds such as failure to state a claim, or a claim barred by the statute of limitations.

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9
Q

Incompetent

A

Type of evidence where a witness is testifying on a matter for which knowledge or expertise is lacking.

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10
Q

Irrelevant

A

Type of evidence that fails to clarify or be related to the fact or issue in dispute

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11
Q

Immaterial

A

Type of evidence to prove or disprove a fact that is uncontested

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12
Q

Consent Decree

A

An agreement of the parties made under the sanction of the court

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13
Q

Senate

A

Congressional body responsible for approving presidential nominees for federal courts

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14
Q

Numerosity

A

Requirement that there must be a large enough number of plaintiffs that individual suits are impracticable

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15
Q

Voir Dire

A

Done to ascertain whether perspective jurors have the qualifications and ability to be impartial

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16
Q

Depositions

A

These are conducted by the attorneys of all potential witness to the lawsuit

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17
Q

JNOV (judgment not withstanding the verdict)

A

post-trial motion by either party asking that the jury verdict be reversed as it represents a legal matter

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18
Q

Interrogatories

A

Questions to the opposing parties that must be answered in writing and verified by the party to whom they are directed

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19
Q

Summary Judgment

A

Requires that the moving party demonstrate that

  1. no genuine issue of material fact remains and
  2. the governing law indicates that moving party is entitled to judgment as a matter of law
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20
Q

Peremptory Challenges

A

Used to have a prospective juror dismissed without stating a reason
Usually get three
Must be race neutral

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21
Q

Directed Verdict

A

Where the plaintiff failed to establish a prima facie case and the defendant is entitled to have a verdict in its favor

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22
Q

Prima Facie Case

A

Establishment of legally required rebuttable presumption

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23
Q

Law of the Case Doctrine

A

When a circuit court will not reexamine issues of law addressed by a prior panel from the same court

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24
Q

Typicality

A

Requirement that claims of the class representatives who are named plaintiffs must be typical of the claims of other class members.

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25
Q

Commonality

A

Requirement that members of the class must have claims that include common questions of fact or law

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26
Q

11th Amendment

A

A form of immunity defense used when monetary damages are sought in federal court from a government entity

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27
Q

Certifying a Question

A

Process of a formal request by one court to another court for an opinion on a question of law

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28
Q

Exculpatory Clause

A

Within a contract relieves one party of liability if damages are caused during the execution of the contract

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29
Q

Proof beyond a reasonable doubt

A

is the level of proof required in criminal court

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30
Q

Clear & Convincing Evidence

A

Provides support for a claim that is highly probably to prove that a certain thing has occured

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31
Q

Preponderance of the Evidence

A

Is established when something has more likely than not occured

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32
Q

Inherent Authority

A

type of authority that exists only because it wouldn’t be sensible for an institution to be without it

33
Q

Apparent Authority

A

Used to describe the situation where someone acting for the institution induces a belief in other persons that authority exists when it in fact does not

34
Q

Estoppel

A

Equitable doctrine and is used when conscience requires it

35
Q

Ultra Vires Act

A

act is beyond the delegated authority of a body or official

36
Q

Tort

A

Legal injury or wrong committed upon the person or property of another independent of contract.
Tort Law is state law

37
Q

Assault

A

Threaten to strike or harm. To prove, must show the act was intentional

38
Q

Battery

A

intentional, unwanted, and offensive or harmful touching of another person’s body with the intent to cause the other to suffer the contact.

39
Q

Is actual harm necessary to bring a battery suit? (T/F)

A

False

40
Q

False Imprisonment

A

another person is restrained, detained, or confined without consent or legal justification.

41
Q

Mental Anguish (intentional infliction of distress)

A

one person causes another severe mental distress; sue for damage done to peace of mind

42
Q

Sexist language and jokes about women drivers may qualify as mental anguish, given their high level of impropriety in the higher education setting

A

False

43
Q

To qualify as battery, the contact must result in actual harm

A

False

44
Q

Appropriation Invasion of Privacy

A

Use of another’s name or likeness for the defendant’s benefit

45
Q

Private life given publicity

A

public disclosure of private facts, even when facts are true (sharing medical knowledge)

46
Q

Placement of a person in a false light

A

Being highly offensive to a reasonable person (putting a person’s name on a list of supporters for a controversial group)

47
Q

Intrusion upon seclusion

A

unwelcome entry to another’s home, electronic surveillance, and examination of private papers

48
Q

Per se

A

term used when statements, by their nature, are considered defamatory (assumed to have caused harm, accusations of criminal wrongdoing, sexual misconduct)

49
Q

Per quod

A

actual damages must be supported

50
Q

Actual Malice

A

knowledge of falsity or reckless disregard for the truth

must be proven to prevail in any defamation case

51
Q

What is needed to prevail in a negligence case?

A

Duty, Breach of Duty, Proximate Cause, and Injruy

52
Q

Greatest duty is owed to an..

A

Invitee (one who enters the premises in an answer to an express or implied invitation)

53
Q

Negligence

A

omission of an act that a reasonable person, guided by those considerations that ordinarily regulate human affairs, would do

54
Q

Gross Negligence

A

Failure to use even slight care; conduct that is so careless as to show complete disregard for the rights and safety of others

55
Q

Reasonable Person Attributes (4)

A
  1. Physical attributes
  2. Normal intelligence
  3. Normal perception/memory with a minimum level of info and experience common to the community
  4. Superior skill and knowledge as the actor has or holds himself as having
56
Q

14th Amendment

A

No state shall deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Only applies to public colleges

57
Q

Substantive Due Process

A

allows courts to protect certain fundamental rights from government interference, even if procedural protections are present or the rights are enumerated (not specifically mentioned) elsewhere in the Constitution

58
Q

Theory of Incorporation

A

Federal courts extended the limitations of the Bill of Rights to the states (no state shall…)

59
Q

Penumbra Theory

A

allows the court to identify new rights, when legislature has not (interracial couples, abortion, etc.)

60
Q

Due Process Violation Procedure

A

Determine..

  1. Whether the plaintiff had a liberty or property interest at stake
  2. Whether govt infringed such an interest
  3. whether adequate due process procedures were followed
61
Q

Procedural Due Process Requirements

A
  1. Notice
  2. Opportunity to be heard
  3. Impartial Tribunal
62
Q

Facial Discrimination

A

clear and undisputed (charging students from one country more tuition than from another)

63
Q

Strict Scrutiny

A

based on the principle that certain actions must be subjected to close analysis in order to preserve equality and liberty.

64
Q

Middle/Intermediate Scrutiny

A

Requires:
1. classification to serve important govt objectives
2. discriminatory acts to be substantially related to the achievement of those objectives
Applied in cases involving sex (male, female) and illegitimacy

65
Q

Rational Scrutiny

A

Applied in all cases where the other two do not apply. Must bear only a rational relationship to a legitimate govt. objective.

66
Q

Section 1983

A

Must be attached to another federal law (cannot only sue under 1983)

A means to sue state and local governments as well as individuals acting under color of state and local law for damages

67
Q

Section 1988

A

Allows prevailing party to recover reasonable attorneys’ fees

68
Q

Title VI, Civil Rights Act of 1964

Students

A

No person in the US shall on the ground of race, color, or national origin be excluded from participation in, denied benefits, or discrimination under any program or activity receiving federal financial assistance
Applies to all public and some private

69
Q

Bevins Rights

A

Created by the Supreme Court. Used when an individual has been deprived of his rights by a federal official

70
Q

Section 1981

A

all persons within the jurisdiction of the US shall have the same right in every state and territory to make and enforce contracts, to sue, be parties, give evidence like white people can do

71
Q

Color

A

Discrimination involves treating someone unfavorably because of skin color complexion (too light, too dark)

72
Q

Race

A

category of humankind that shares certain distinctive physical traits

73
Q

Title IX

A

Applies to public and private educational recipients of federal financial assistance.

No person shall be discriminated against based on sex or gender identity

74
Q

Civil Rights Restoration Act of 1987

A

Expanded Title IX and 504, Title VI, and the Age Discrimination Act to be institution wide rather than program specific

75
Q

Age Discrimination Act of 1975

A

prohibits discrimination on the basis of age in programs or activities receiving federal financial assistance

76
Q

ADA Title II

A

Law applies to public colleges

77
Q

ADA Title III

A

Law applies to private colleges

78
Q

Dept of Defense Authorization Act of 1983

A

Persons eligible to register for the draft and do not are ineligible for federal aid

law in higher education (1 decks)

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