Deck 1: Legal Framework Affecting Public Schools

Question 1

The primary source of individual rights stems from the:

A) 14^th Amendment
B) Bill of Rights
C) 5^th Amendment
D) State Constitutions

Answer 1

Bill of Rights

Question 2

The U.S. Constitutional amendment that reserves the power of education to the state is the:

A) 5^th
B) 10^th
C) 1^st
D) 14^th

Answer 2

10^th

Question 3

The U.S. Constitution is not:

A) A framework of law in which orderly governmental processes operate
B) The primary source of law
C) Subordinate to state constitutions, local regulations, and case law
D) The basic law of the land

Answer 3

Subordinate to state constitutions, local regulations, and case law

Question 4

Which key U.S. Constitutional amendment has a bearing on the operation of public schools?

A) First
B) Fourth
C) Fifth
D) Fourteenth
E) All of the above

Question 5

State constitutions perform a number of functions with one exception:

A) Establishes a system of public education
B) Guarantees absolute personal rights
C) Prescribes funding and operational schemes for public schools
D) Restricts power of legislative bodies

Question 6

A statute represents:

A) An act of the legislative branch of government
B) The most abundant source of law
C) The most viable source of new laws or revisions of existing law
D) All of the above

Question 7

Case law is not based on:

A) Judge-made or common law
B) Local ordinances
C) Judgments, opinions, and decisions of courts
D) Frequent reliance on precedents

Question 8

Common law precedents are driven by:

A) State constitutions
B) Legislatures
C) Federal constitution
D) Courts

Question 9

State agencies are created by:

A) State legislatures
B) State constitutions
C) Federal statute
D) Chief state school officer

Question 10

State boards of education generally do not:

A) Establish certification standards for teachers and administrators
B) Review and approve local school district budgets
C) Establish high school graduation requirements
D) Establish state accreditation standards for school districts

Question 11

Local school boards:

A) Develop school district policies
B) Provide a vision for the district
C) Formulate goals to support the district's mission and vision
D) All of the above

Question 12

Courts in the United States do not:

A) Settle controversies through applying basic law principles to merge factional circumstances
B) Interpret legislative enactments
C) Determine policies, and regulations affecting public schools
D) Determine the constitutionality of statutes

Question 13

U.S. Supreme Court decisions may be derived from:

A) United States Reporter
B) Supreme Court Reporter
C) United States Supreme Court Reporter-Lawyers' Edition
D) All of the above

Question 14

The U.S. Supreme Court justices spend their time:

A) Listening to lawyer arguments
B) Discussing court business
C) Reviewing the U.S. Constitution
D) All but C

Question 15

The powers of the Federal Government are not delegated but are inherent powers. (Powers are delegated and are not inherent powers.)

Question 16

Article VII of the Constitution declares the national government supreme. (Article VI).

Question 17

The U.S. Constitution stipulates that no state shall enforce any law which abridges the privileges or immunities of citizens of the United States.

Question 18

The Fourteenth Amendment is enforced by state or federal courts operating within their proper jurisdiction.

Question 19

Federal Courts had no authority to enforce a State Bill of Rights that was under the jurisdiction of state courts prior to 1868.

Question 20

The judicial system primarily includes federal courts.

Question 21

Federal Courts address cases involving constitutional issues.

Question 22

Courts are limited to cases or legal conflicts presented to them for resolution.

Question 23

There are 11 (eleven) Federal Circuit Courts of Appeal.

Question 24

There are 98 Federal District Courts in the United States.

Question 25

A State Department of Education is an arm of the Chief State School Officer?

Question 26

Local boards of education execute board policy.

Question 27

Local board meetings are closed to the public except by invitation.

Question 28

News media may be present during local school board executive sessions.

Question 29

_______________ represents the primary source of individual rights and freedoms under the U.S. Constitution.

Question 30

____________________ to the __________are considered to represent fundamental liberties of free people.

Question 31

The _______________ represents the basic law of the land.

Question 32

__________ represent the most abundant source of law affecting public schools.

Question 33

In many instances, ________ decisions rely on past court decisions which are called _________.

Question 34

State Boards of Education are agencies created by state __________ to execute various laws and policies governing public schools.

Question 35

________________ are relied on by school personnel as a basic source of law for the operation and management of schools.

Question 36

__________________ are professional arms of states that provide consultation and technical support to local school districts.

Question 37

___________ may not abrogate responsibilities delegated to them by state statute.

Question 38

_______________ is a judicial process where a case is moved from a lower court to a higher court.

Question 39

The ________ is the party who initiates a legal suit.

Question 40

Courts of general jurisdiction are often referred to as _______________.

Question 41

What specific constitutional amendments pertain to education? Discuss the importance of each to the effective operation of public schools.

Question 42

Discuss the significance of the separation of powers as prescribed by the Constitution. What are the ramifications of this concept to the management and operations of public schools?

Question 43

Discuss the concept of "precedent" and its implication for court decisions affecting public schools.

Question 44

What are the three essential functions of courts in the United States and what is the relevance of these functions to the administration of public schools as agents of the state?

Question 45

Identify the two primary legal information retrieval systems and discuss how they may support legal research initiatives