Midterm Flashcards
3 power bases of US government
Federal Government, States, “the people”
3 branches of government
Congress/Legislative, President/Executive, Supreme Court/Judicial
Powers of the Senate
confirm/not confirm presidential appointments, approve judicial appointments
Power of the House
initiate tax and spending bills, impeach president
Who passes laws?
2 Houses of congress
Function of Executive branch?
Enforce the law, flesh out the laws
Who creates federal courts?
Congress
What are district courts?
Trial courts
What are circuit courts?
Appeals court
Who does Supreme Court hear appeals from?
Circuit courts
Who appoints federal judges?
President
Types of courts at the state level
Housing, probate, small claims, juvenile
Types of colleges
public, private, sectarian
Typical structure of public college?
government oversight agency (MA board of Higher Ed), governing board (Board of Trustees), chief executive (president/chancellor)
Typical structure of private college?
state Attorney General’s office, department of Ed, accrediting agency
Typical structure of sectarian college?
state Attorney General’s office, department of Ed, accrediting agency, church entity
What is FERPA?
makes sure students records are kept confidential
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.
What is a student record?
A record in any form that is personally identifiable
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.
Can you sue under FERPA?
NO
Due process of a hearing:
- inform the student of time and place of hearing (fair notice).
- provide an impartial decision maker
- provide the student a fair opportunity to be heard.
- student has a right to the counsel of their choice.
When is the only time a hearing process is to be used?
Scrivener’s Error aka typo or other mistake
Who enforces FERPA?
Department of Education, specifically the Family Policy Compliance Office
What is a tort law?
civil wrong for which the law allows a remedy to individuals who have suffered a harm
Are torts different in every state?
Yes
What is a plaintiff?
Person who was damaged/harmed
What is a defendant?
Person who was allegedly negligent
What is negligence?
Failure to adhere to standard of care
What is malpractice?
Negligence by a professional
What is a duty?
found in law, job responsibility
What is a breach of duty?
Failure to obey law or act reasonably
What is proximate cause?
Link between breach of duty and resulting harm
What is harm?
Actual loss
What is sovereign immunity?
You can’t sue the sovereign
How much can you sue the commonwealth for?
Max $100,000
Special damages in tort case:
Property damages, lost wages, medical bills
General damages in tort case:
pain and suffering
What does “respondeat superior” mean?
Let the superior answer
3 elements of judicial system:
- rules that regulate conduct
- process to adjudicate allegations
- sanctions, the ability to attach negative consequences to violations
2 judicidal systems:
discipline system and honor code
What does due process consist of?
- fair notice
- opportunity to be heard
- impartial decision maker
How is a decision made in the conduct process?
Preponderance of evidence (50% and a feather)
3 bases of appeals:
- unjust sanction
- new evidence
- procedural error
