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Law and Ethics > Midterm > Flashcards

Midterm Flashcards

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1
Q

3 power bases of US government

A

Federal Government, States, “the people”

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2
Q

3 branches of government

A

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

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3
Q

Powers of the Senate

A

confirm/not confirm presidential appointments, approve judicial appointments

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4
Q

Power of the House

A

initiate tax and spending bills, impeach president

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5
Q

Who passes laws?

A

2 Houses of congress

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6
Q

Function of Executive branch?

A

Enforce the law, flesh out the laws

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7
Q

Who creates federal courts?

A

Congress

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8
Q

What are district courts?

A

Trial courts

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9
Q

What are circuit courts?

A

Appeals court

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10
Q

Who does Supreme Court hear appeals from?

A

Circuit courts

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11
Q

Who appoints federal judges?

A

President

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12
Q

Types of courts at the state level

A

Housing, probate, small claims, juvenile

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13
Q

Types of colleges

A

public, private, sectarian

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14
Q

Typical structure of public college?

A

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

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15
Q

Typical structure of private college?

A

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

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16
Q

Typical structure of sectarian college?

A

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

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17
Q

What is FERPA?

A

makes sure students records are kept confidential

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18
Q

Four main points of FERPA

A

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
Q

What is a student record?

A

A record in any form that is personally identifiable

20
Q

Only exception to FERPA?

A

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
Q

Can you sue under FERPA?

A

NO

22
Q

Due process of a hearing:

A
  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
Q

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

A

Scrivener’s Error aka typo or other mistake

24
Q

Who enforces FERPA?

A

Department of Education, specifically the Family Policy Compliance Office

25
Q

What is a tort law?

A

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

26
Q

Are torts different in every state?

A

Yes

27
Q

What is a plaintiff?

A

Person who was damaged/harmed

28
Q

What is a defendant?

A

Person who was allegedly negligent

29
Q

What is negligence?

A

Failure to adhere to standard of care

30
Q

What is malpractice?

A

Negligence by a professional

31
Q

What is a duty?

A

found in law, job responsibility

32
Q

What is a breach of duty?

A

Failure to obey law or act reasonably

33
Q

What is proximate cause?

A

Link between breach of duty and resulting harm

34
Q

What is harm?

A

Actual loss

35
Q

What is sovereign immunity?

A

You can’t sue the sovereign

36
Q

How much can you sue the commonwealth for?

A

Max $100,000

37
Q

Special damages in tort case:

A

Property damages, lost wages, medical bills

38
Q

General damages in tort case:

A

pain and suffering

39
Q

What does “respondeat superior” mean?

A

Let the superior answer

40
Q

3 elements of judicial system:

A
  1. rules that regulate conduct
  2. process to adjudicate allegations
  3. sanctions, the ability to attach negative consequences to violations
41
Q

2 judicidal systems:

A

discipline system and honor code

42
Q

What does due process consist of?

A
  1. fair notice
  2. opportunity to be heard
  3. impartial decision maker
43
Q

How is a decision made in the conduct process?

A

Preponderance of evidence (50% and a feather)

44
Q

3 bases of appeals:

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

Law and Ethics (1 decks)

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