Discovering The Relationship Between the Law and Your School Essay

Essex. (2008). School Law and the Public Schools: A Practical Guide for Educational Leaders (4th ED.). Boston, MA: Allyn & Bacon

1) Since the injured plaintiff was not wearing a seatbelt, why is Ford being sued for failing to test the seatbelt sleeve?

As Privy Council held in the case of "Wagon Mound (No 1)" that a party can only be held liable for damage that was reasonably foreseeable, the defendant should not be responsible for losses that are ‘too remote’ from the breach. It is obviously that the university could foresee that Brad have to quit his job to finish the degree and also need to pay for the fees.

Even though the Declaration of Independence does not mention education, our founding fathers did value education. Illustrated by the ordinances they passed “in 1785 and 1787 that granted federal lands to states to create and support public school- an institution that the nation’s founders viewed as essential to democracy and national unification.” (Jennings, p3) In 1959, the admission of Alaska and Hawaii into the Union reconfirmed the Federal government’s support of education. Three distinct elements that impact education are; laws that have been passed, the removal of the church from public schools, and the role of federal government that has evolved and changed over the years. These three factors have transformed education over the

There are four primary sources of American law that “establish rights, duties, and privileges that are consistent with the values and beliefs of a society or its ruling group” (Miller, 2014). One of the oldest sources of primary law is the U.S. Constitution, which was ratified by delegates from 12 states on September 17, 1787 (The Constitution of the United States, 2015). The document has stood the test of time and been a model for many other nations with its emphasis on a strong government with maximum human freedom while avoiding tyranny (The Constitution of the United States, 2015). Since each state also has its own constitution, this would be in the same category as a primary source of American law. The second primary source of

In the modern world, competition is the bond that holds society together. Every person can relate to it whether that competition is within a sport, video game, or a court hearing. The Canadian legal structure operates on the adversarial system. Neil Brooks defines an adversarial system as one in “which the parties and not the judge have the primary responsibility for defining the issues in dispute and for carrying the dispute forward through the system” (Brooks, The judge and the Adversary system.p.341-353). Within the adversarial system the judge has less of a role. He’s passive due to his lack of participation in the fact-finding. Its opposing system is the

Citizens in America are born with a various amount of rights. One of these rights include the freedom of speech and expression. However, school administrators have the ability to restrict a student’s expression. The Supreme Court Cases ‘Bethel School District v. Fraser’ and ‘Frederick V. Morse’ gave schools the right for the administrators to discipline children when they see fit. Students should be able to express themselves in any way without fearing that their school administrators will discipline

This case brings up to the administrators who are known as a legal representation that strive to create positive changes in educational policy and processes, that they have rights and power protected by law, but also have a duty to comply with the laws established by the district.

Cases that involve the First Amendment in school systems have always been around but the issue of finding a balance with these freedoms is

In the case of Robinson v. California, 370 U.S. 660 (1962), the Supreme Court ruled that a law may not punish a status; i.e., one may not be punished to being an alcoholic or for being addicted to drugs. However, of course, one may be punished for actions such as abusing drugs. The question becomes; What if the status “forces” the action? What if a person, because of his/her addiction to drugs, is “forced” by the addiction to purchase and abuse the illegal drugs? Would punishing that person be unfairly punishing a status?

Linda Nathan states public school systems are open to the general public whereas private schools may select their students (Koonce, 2015).

There is a growing desire to establish additional charter schools in the state of Mississippi. Mississippi legislators are adamant about providing parents and students more choice. The debate over school choice has existed for years and there seems to be no end in sight. Proponents of charter schools believe parents should have freedom of choice in educating their children. They argue that all students deserve a quality education as outlined in the U.S. Constitution. Moreover, they contend that some communities have failing public schools that deprive students of a quality education. On the other hand, critics of charter schools believe they tend to discriminate against students in terms of race and religious background. There is growing concern

Judicial precedent refers to the sources of law where past decisions made by judges create law for future judges to follow. An example would be the Donoghue vs Stevenson case, where Stevenson had bought ginger beer, and Donoghue had drank it after their been a decomposed snail in it, however their was no charge because she was not in a contract with

As an educator, it is extremely important to know educational policies. On top of the knowledge, it is also imperative to respect the rights granted to students in the democratic society. Attached above is an article, published by the first amendment center, regarding how the first amendment is employed within public schools. The first topic in the article is titled speaking out in school. Here I learned that the school cannot limit the student’s freedom of speech, unless it is hindering the environment to learn, and even then, there is a lot of grey area. Here the school must be able to provide substantial evidence that the student’s writing, speech, or expression would cause great disruption. This also ties directly into school dress code and uniforms required by the school corporation. Students, in many

Throughout the United States there are many different laws among the fifty states that make up this union. The laws are different throughout the states because of the need of the laws. Living in one state and not having the advantages or disadvantages of a law in another state would not be that unfair or unequal. This is true because if you don’t like a law in your state you could always fight it and try to change it or you could always move out of that state and go to one that has the laws that you like.