School Law Links
Ch. 1 Law
& Legal Research
Constitution
of the United States (simplified)
Article
1 Section 8 &10 (Article 1 Defines the Power of the Legislature)
·
Section 8 – Congress can take tax dollars. Congress can tax & spend for federal
education.
·
Section 10 – Contract Clause – Federal gov’t can’t
prohibit or limit state contracts
o teacher contracts
o tenure contracts
o gov’t can’t step on
our rights
Article 6 – Supremacy Clause
·
Federal law is Supreme Law
Amendments
·
1st Amendment
o 1. Freedom of
Speech, Religion, the Press, and Assembly
·
4th Amendment
o Search and Seizure
·
5th Amendment
o Due Process
o Right not to
self-incriminate
·
8th Amendment
o Cruel and unusual
punishment
·
10th Amendment
o Anything not
mentioned in the constitution is a function of the State
o Education is a
function of the States
·
13th Amendment
o Ended Slavery
·
14 – Amendment
o Made citizens of
former slaves
o All Citizens have
equal protection and due process
Statutes – United States Code
·
Title 7 – Civil Rights
o Discrimination because
of race, color, religion, sex, or national origin
·
Title 9 – Sex Discrimination
Acts –
·
1984 – Equal Access
o
·
1983 – Civil Action for Deprivation of Rights
Federal and State Sources
·
Federal Sources
o Federal Law
o US Constitution
o Amendments to
Constitution
o Federal Statutes
o Federal Case Law
o Executive
order/Attorney General Opinions
o Court System
1. Federal Court
2. Court of Appeals
3. Supreme Court
·
State Sources
o 1849 California
Constitution
o 1879 New Constitution
o California Statutes
o California Case Law
o State Board of
Education
o State Superintendent of
Public Education
o State Department of
Education
o Attorney General
Opinions
o CA Education Code
1. Ambiguous
2. Contradictory
3. Changed in 1972 form mandatory
to permissive
o Title 5 Code of
Regulations
o Board of School
Districts
o Health and Safety Codes
o State Administrative
Law
1. Legislature enacts laws
2. Department of
regulation -implements
·
Legal Research
1. Primary Sources
o
Constitution
o
Statutes
o
Case Law
o
US Codes
1. Secondary Sources
o
Journal – Internet
Parts of a Case
o Citation Numbers (439
or 825 S.W.2d 810)
o Name or Case Title
(Wal-Mart Stores, Inc. v. Carolyn Dolph)
o Docket Number (91-121)
o Date of Decision
(Opinion delivered February 24, 1992)
o Headnotes ( Libel &
Slander or Evidence)
o Prefatory Statement
(Appeal)
o Names of Counsel
o Start of Statement of
Facts in Opinion
o Portion of Opinion
o Decision
o Concurring Opinion
o Dissenting Opinion
Copyright
·
Fair Use Doctrine
o Use in a reasonable
manner
1. Maintain purpose and
character of use
2. Nature of copyrighted
work
3. Proportion that was
“taken”
4. Economic impact of the
“taken”
·
Fair Use Guidelines
o Copyright Act of 1976
1. Single copies made by
or for a teacher for scholarly research
2. Multiple copies
restricted – one copy per pupil
1. brevity – one complete
article, less than 2,500 words or 10% of the work, whichever is less
2. Spontaneity
3. Cumulative effect –
copied for one course and limited to one class term
3. Prohibited use of
Material
1. copies may not be
substituted for buying books
2. same teacher may not
repeat copying in subsequent term
3. students may not be
charged more than actual cost of copying
o Public Domain – A work
enters public domain when the copyright expires (usually materials first
published 75 or more years ago)