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Introductory Vocabulary/ Legal Aspects of Education
Assorted basic terms for EDUL 638
37
Law
Post-Graduate
09/10/2011

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Cards

Term
Amicus curiae
Definition
A friend of the court; a party that does not have a direct interest in a case, but who is requested or offers information to the court in order to clarify an issue before it.
Term
Assault
Definition
A hostile threat to use physical force.
Term
Battery
Definition
Physical contact with another person in a violent, rude, and hostile manner.
Term
Brightline
Definition
A test of standard determined by case law.
Term
Case Law
Definition
A body of law created by the compilation of decisions of the judicial branch ofgovernment.
Term
Certiorari
Definition
A judicial process whereby a case is moved from a lower court to a higher one for review. The record of all proceedings at the lower court is sent to the higher court.
Term
Common Law
Definition
A system of law in which legal principles are derived from usage and custom as expressed by the courts.
Term
De minimis
Definition
Something trifling; not a significant part of a case.
Term
Due process
Definition
A course of legal proceedings in accordance with principles of law designed to protect individuals rights.
Term
Procedural law
Definition
Law that prescribes the procedures and methods for enforcing rights and duties and for obtaining redress, and that is distinguished from law that creates, defines, or regulates rights.
Term
Substantive law
Definition
Law that creates or defines rights, duties, obligations, and causes of action that can be enforced by law.
Term
En banc
Definition
With all judges or a quorum of judges present; in full court.
Term
In loco parentis
Definition
In place of parents.
Term
Just cause
Definition
A legally sufficient reason; something that brings about an effect or result.
Term
Libel
Definition
A defamatory statement or representation in the form of written or printed words.
Term
Negligence
Definition
A lack of proper care; failure to exercise prudence, which may result in injury to another.
Term
Plaintiff
Definition
The party who brings action by filing a complaint.
Term
Appellant
Definition
One who cause an appeal to a higher court; the appellant may be the plaintiff or the defendant.
Term

Petitioner

Definition

The person who initiates a proceeding.

Term
Remand
Definition
To send back; the act of an appellate court when it sends a case back to the lower court for further proceedings.
Term
Respondent
Definition
The party against whom an appeal is taken; the defendant.
Term
Defendant
Definition
The party against whom a legal action is brought.
Term
Appellee
Definition
A person or party against whom an appeal is brought.
Term

Slander

Definition

Oral defamtion.

Term
Stare decisis
Definition
To stand by a decided case; the doctrine by which courts adhere to precendent on questions of law in order to insure certainty, consistency, and stability in the administration of justice with departure from precedence permitted for compelling reasons.
Term
Tenure
Definition
A security measure for those who successfully perform duties and meet statutory or contractual requirements; a continuous service contract.
Term
Tort
Definition
An actionable wrong committed against another independent of contract; a civil wrong.
Term
Vicarious liability
Definition
A form of liability in which school districts are held accountable for negligent or intentional wrongdoing of their employees when the act is committed within the scope of the district employment position, even though the district may not be directly at fault.
Term
FERPA
Definition
The Family Educational Records Protection Act; purpose is to guarantee parents free access to student school records.
Term
Buckley Amendment
Definition

One part of the Act allows "directory" information to be made available to third parties without requiring permission of the student:

  • Students name, address, telephone number, and email address

  • Major field of study

  • Participation in officially recognized sports or activities

  • Weight and height of members of athletic teams

  • Dates of Attendance

  • Degrees and awards received

  • Most recent previous educational institution or agency attended by the student

  • Class

  • Honors

Term
ADA
Definition
Americans with Disabilities Act
Term
First Amendment
Definition
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Goverment for a redress of grievances.
Term
Fourth Amendment
Definition
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Term
Fifth Amendment
Definition
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Term
Tenth Amendment
Definition
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Term
Fourteenth Amendment
Definition
Rights Guaranteed Privileges and Immunities of Citizenship, Due Process and Equal Protection
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