As a part of the EDLD808 Law in Education course at University of Bridgeport, each student was required to present on a chapter in Alexander, Kern, & Alexander (2011) Educational Law textbook. I did chapter one. This is the presentation,

1. EDLD 804 - Constitutional Law
Chapter 1 - The Legal System
Alexander, Kern, & Alexander, M. David (2011).
American Public School Law, 8th Ed., Belmont, CA:
WEST Wadsworth. ISBN: 049591049X
Presented by: Paul Gruhn
Fall 2016

2. Definition of Law
“[A] rule of civil conduct prescribed by the supreme
power of a state (or nation), commanding what is
right, and prohibiting what is wrong.”
- Blackstone

3. Chapter 1 Outline
• Introduction
• The Nature of Public School Law
• Sources of Law
• Political Neutrality and the Courts
• Powers and Functions of Courts
• The Purpose of Law
• Stare Decisis
• How to Read A Case
• The American Court System
• Process of Going to Court
• Finding the Law

4. Prefix
• In the 60’s most cases where rendered by common law and state
precedents. (When the book was first published)
• Today U.S. Constitution and federal statues take a stronger focus in
determining the law.
• 50 states, with decentralized educational systems, make it difficult to
identify a single rule of law that crosses all states.
• Precedents – one size does not fit all, do not be too quick to you
conclusions. – What is the rule of law in your jurisdiction?
• The attitudes and focus of the courts is contextual
– i.e. (60’s & 70’s ) liberalism versus current conservatism.
– i.e. church & state decisions
– i.e. free speech, No Child Left Behind, Curriculum Policy
– Supreme Court reversals – while Constitutional principles are
foundational to the law, the interpretation & implementation is
fluid.

5. Introduction
• School Law or Educational Law
– Generic & broad based term covering ...
• Public Elementary & secondary schools in the United States
• Contracts,
• Property,
• Torts,
• Constitutional Law,
• And other areas of the law that directly effect the educational and
administrative process
– Due to this breath of subject matter, Chapter 1 teaches ...
• Fundamental concepts of the American legal system,
• And applications of these concepts to daily school operations.

6. The Nature of Public School Law
• Are federal (state level) not national, like many other countries.
• Is based on the organic law (the U.S. Constitution)
• The laws are state/federally established/written
• Then locally administered.
• The American Educational system is
– Based on the U.S. Constitution (our rights & freedoms as citizens)
– Governed by 50 different states
– Composed of several thousand local school districts
• The very nature and context of Public School Law makes it
– Diverse
– Complex

7. Sources of Law (1 of 4)
Where is the law?
1. Constitutions (State & federal)
– A document of precepts, providing a legal framework
• Liberty, property, rights, & modifications to the document
– The separation of powers
• Legislative, Executive, & Judicial
– All state constitutions provide for a system of free public schools
• “In 1821, Boston started the first public high school in the United States. By the close
of the 19th century, public secondary schools began to outnumber private ones. “

8. Sources of Law (2 of 4)
Where is the law?
2. Statues (State & federal)
– Is an act of the government implementing legislative will and
implementing a law.
– Are subject to review by the judicial branch
– Are governed by the state
– The schools have no inherent power or authority to operate
• Example: states differ in how budgeting is handle at which level.

9. Sources of Law (3 of 4)
Where is the law?
3. Judicial Decision [Case Law] (State & federal)
– These are judicial decisions, to distinguish the legislative rules of law.
– This differs from other countries Civil law systems (non-precedent based)
– The US is based on legal precedents across the government as defining
principles on which to base an implementation of a law or statue.
– (Common Law) 5 principles
1. It is a general overarching precedent
2. The general rules are applied & enforced by the courts.
3. Expresses principles derived from legal controversies
4. Is expressed/emanates from the use of a jury system
5. Is based on the rule of law not the rule of man.

10. Sources of Law (4 of 4)
Where is the law?
4. Administrative Law
– Rules & regulations created by Agencies of government: federal, state, &
local levels
– These agencies are in nature ...
• Quasi-legislative
• Administrative of the executive branch
• Quasi-judicial

11. Political Neutrality and the Courts
• The Fear: Politics & Factionalism would influence the law
• The Plan: State Government & Elections
• The Reality: Federalists, Republican, Democrats ...
– The judiciary is often influenced by the party system
– This is not a new issue, it has been around for a long time
– Best seen in the appointment of U.S. Supreme Court justices and
the budgeting of programs
• 2000 - Bush vs. Gore ... The court appointed the U.S. President
• 2010 – Citizens of the US vs. Federal Election Commission
• Robert Dahl (Yale) – The Supreme Court is simply a port of the ordinary
partisan political machinery.
• We are seeing this esp today, in that the legislative branch is not allowing
President Obama to put a person on the Supreme Court.
• 2010 – 6 of the 9 justices were appointed by the Republican party
• Educational law court opinions have been influenced by a judiciary created by
Bush 1, Bush 2, & Regan presidencies
– So, how neutral are the courts?

12. Powers and Functions of Courts
• In most matters regarding educational law, the courts have
maintained a separation of power, not questioning the decisions of
administrative agencies, the executive branch, or the legislative
branch. (at both the state & federal levels).
• When the courts do intervene...
1. Settle controversies, by applying principles of laws to a specific
set of facts
2. Interpret the laws & statues of the legislature
3. Determine the constitutionality of the legislative or
administrative action.

13. The Purpose of Law
The Goal!
1. Preservation of the public peace and safety
2. The settlement of individual disputes
3. The maintenance of security expectations
4. The resolution of conflicting social interests
5. The channeling of social change
“In law as in ethics, the hardest task is often not the identification of
values, but the assignment of priorities when, in a specific problem
context, one value can not be fully served without some sacrifice of
another.”

14. Stare Decisis
“Let the decision stand!”
• The doctrine of precedent or the rule of stare decisis
• Precedents in past cases, establish the groundwork for future decisions
– Lower courts often follow the precedent of the higher court
– Courts can limit the impact of the doctrine of precedent based on the
facts of a particular case.
• Stare decisis in American Law does not mean strict adherence to older
decisions, but it is usually a wise policy ... It is seen as the rule, not the
exception.

15. The Nature & Authority of Judicial Precedents
1912 – the Law of Judicial Precedents
1. Inferior courts are absolutely bound to follow the decision of the courts
having appellate or revisory jurisdiction over them.
2. The judgments of the highest courts in any judicial system – state or national
– are binding on all other courts.
3. It is the duty of a court of last resort to abide by its own former decisions,
unless entirely satisfied the decision in the first place was wrongly decided.
4. In a case where there is no precedent in any court; it may consult and be
guided by applicable decisions by any other court – domestic or foreign – the
weight of the decision is based upon the authority & relevance of the source.
5. A court is free to exercise independent judgment, and is not obliged to judicial
comity.

16. How to Read A Case
The Bramble Bush by. Karl Llewellyn
1. Read it!
2. Get the clear actual decision
3. What was the judgment rendered?
4. Who won? (Plaintiff or Defendant) “Watch your step here.”
1. In the trial court: You are after in first instance the plaintiff and then
you become defendant below.
2. You must then follow through to know the outcome below.
3. In order to see what was appealed from, nor by whom.
4. This requires knowing the judgments of the case; above and below.

17. How to Read A Case
The Bramble Bush by. Karl Llewellyn (cont)
5. In the opinion look for ...
1. A statement of facts the court assumes
2. A statement of the precise way the question has come before the court, which
includes
• What the plaintiff wanted below, and
• What the defendant did about it , the judgment below, and
• What the trail court did that is complained of, and
• The outcome of the appeal, and finally
• The reasons this court gives for doing what it did.
6. Four Assumptions
1. The court must decide the dispute that is before it, and cannot refuse
2. The court can only decided the particular case which is before it
3. The court can only decide the particular dispute according the law of like disputes
4. Everything, every word big & small, must be read and understood in the complete
context of the dispute before him. Words can not be read in a judges opinion
expect in the entity of the complete context and document.

18. Case or Controversy
• The U.S. Constitution limits the federal judiciary to decide and pronounce
judgment on a case brought before it between two persons or parties.
• The Supreme Court decides what is a case and what is a controversy.
• A controversy includes only suits of a civil nature
• The controversy must be definite and concrete, real and substantial
• There is a rigorous set of rules as to what is a case and what is a
controversy.
• Hypothetical questions cannot be adjudicated before the U.S. Supreme
Court; neither will the Court issue advisory opinions at the request of
either the executive or legislative branch of the federal government.
• However, at the state level. State supreme courts may issue advisory
opinions depending on the requirements of their own state precedents.

19. The American Court System
• Our form of government means, a dual judicial system (State & Federal)
• Cases involving public schools may be litigated at either level.
• State Courts
– Courts of Last Resort (ie State Supreme Court)
– Intermediate Appellate Courts (To hear appeals)
– Courts of General Jurisdiction (Major Courts of Record)
– Courts of Limited Jurisdiction (Small claim, traffic, probate, etc)
• Federal Courts
– One Supreme Court
– Congress created a network of Federal courts & 94 districts
– 13 circuit courts of appeals

20. The United States Court System

21. 13 Federal Judicial Circuits

22. Process of Going to Court

23. Process of Going to Court
Beginning the Action
– Is it civil or criminal?
– Contact a lawyer
– Choose the proper court
– The lawyer files the complaint
– Service of process to issue the complaint to the defendant
Pleading
– A defendant is given notice by a complaint, declaration, or patition
– The defendant can respond – introduce affirmative defense
– The defendant can issue a cross-complaint against the plaintiff
Discovery
– A means to identify & focus on the issues in question as revealed by pleadings
– Can record and preserve evidence of witnesses, not available for the trial
– Depositions
– Written interrogatories
– A request for the production of documents & things
– A request for the admission
– A request for physical or mental examination

24. Process of Going to Court
Disposition without Trial
1. The judge may enter a default judgment
2. The judge may make a judgment based on the pleadings
3. Either party may file a motion for a summary judgment, if there is no dispute to the facts
4. The plaintiff may decided not to pursue the action
5. A settlement is reached out of court
Trial
– May be tried before a judge or a jury
– If a jury, the jury must be selected
– Plaintiffs’ attorney makes opening statements
– Defendant’s attorney can make an opening statement, or defer.
– The trial proceeds
– The plaintiff bears the burden of proof.
Judgment and Remedy
– The judgment is rendered as the official decision of the court
– Three types of common remedies
• Damages a monetary reward
• Restitution, to prevent the defendant from benefitting from the plaintiff’s loss
• Coercive remedy, - commands the losing party to do, or cease to do something
Appeal
– The party that loses may appeal to a higher court
– Most states have 2 levels of civil court appeals

25. Finding the Law
• Three branches of government, mentioned earlier provide sources to the law
• This book focuses on case law rendered by the appellate courts
• Case reporter law libraries
• Online: Westlaw and LexisNexis
– http://www.lexisnexis.com/en-us/gateway.page
– https://en.wikipedia.org/wiki/LexisNexis
– www.westlaw.com
– http://legalsolutions.thomsonreuters.com/law-products/westlaw-legal-
research/
– https://www.lexisweb.com/
– http://www.law.gmu.edu/library/freelegalresearch
– Supreme Court database: http://scdb.wustl.edu/
– Find Law http://lp.findlaw.com Search cases, contracts, and articles
– http://caselaw.lp.findlaw.com/data/constitution/amendment14/19.html
Information about the 14th amendment from FindLaw

26. Finding the Law
• The web: www.findlaw.com
• Legal Encyclopedias & Restatements
• Dictionaries
• Law Reviews (or Journals)
• Books of Law
• Digests
• Google: “case law database”, ”legal databases”
• Learn the terms “Words & Phrases” by West Group
• Academic legal databases.
• Law School Library sites; Yale, Harvard, Cornell, etc
• Current Law Index
• Law Summaries databases

27. Web Links
• Constitutional Documents http://www.loc.gov/law/guide/usconst.html Law online from the Library of Congress
• Cornell Law School http://www.law.cornell.edu/ Website for the Legal Information Institute at Cornell University Law School
• Disabilities Education Act http://www.ed.gov/offices/OSERS/IDEA/the_law.html Website for OSERS, the Office of Special
Education and Rehabilitative Services
• ERIC Clearinghouse http://www.eric.uoregon.edu/trends_issues/law/index.html Website for CEPM, Clearinghouse on
Educational Policy and Management
• Federal Courts http://www.ca6.uscourts.gov/ Website for the U.S. Court of Appeals for the Sixth Circuit
• Federal Courts http://www.ca7.uscourts.gov/ Website for the United States Court of Appeals: Seventh Circuit
• Federal Courts http://www.ca9.uscourts.gov/ Website for the United States Court of Appeals for the Ninth Circuit
• Federal Courts http://www.ca10.uscourts.gov/ Website for the United States Court of Appeals for the Tenth Circuit
• Federal Courts http://www.ca11.uscourts.gov/ Website for the Eleventh Circuit
• Federal Courts http://www.SupremeCourt.gov/ Website for the Supreme Court of the United States
• Federal Courts http://www.ca5.uscourts.gov/ Website for the United States Court of Appeals for the Fifth Circuit
• Federal Courts http://www.ca3.uscourts.gov/ Website for the third judicial circuit
• Federal Courts http://www.ca2.uscourts.gov/ Website for United States Court of Appeals for the Second Circuit
• Federal Courts http://www.uscourts.gov/FederalCourts.aspx Information about federal courts
• Federal Courts http://www.uscourts.gov/Court_locator.aspx Use the court locator to find a court location.
• Federal Register http://www.gpoaccess.gov/fr/index.html Website for the Federal Register, published by the Office of the
Federal Register, National Archives and Records Administration (NARA).

28. Web Links
• Find Law http://lp.findlaw.com Search cases, contracts, and articles at the website for FindLaw
• Find Law http://caselaw.lp.findlaw.com/data/constitution/amendment14/19.html Information about the 14th amendment
from FindLaw
• General Legal Resources Online http://www.gseis.ucla.edu/iclp/gen.resources.html Website for General Legal Resources online
from the UCLA Online Institute for Cyberspace Law and Policy
• Internal Legal Research Group http://www.ilrg.com/caselaw/ Information is available about various online resources.
• Landmark Cases http://www.landmarkcases.org Website for Landmark Cases of the U.S. Supreme Court, from Street Law, Inc.
and the Supreme Court Historical Society
• Legislation http://thomas.loc.gov/home/billtype.html Bill Summary & Status from The Library of Congress: Thomas National
• Law Net http://www.lawsites.com/ National Law Network includes links to federal law resources, intellectual property
resources, state law resources, computer law, etc.
• National School Boards http://nsba.org/ Website for the National School Boards Association
• Public Laws, Bills, Congressional Record http://thomas.loc.gov/ Website for THOMAS from the Library of Congress. Includes the
ability to search bill summary & status and to browse bills.
• Street Law http://www.streetlaw.org//en/index.aspx Website for Street Law, Inc., a nonprofit organization "dedicated to
providing practical, participatory education about law, democracy, and human rights."
• U.S. Department of Education http://www.ed.gov/ Website for the U.S. Department of Education
• United States Supreme Court Cases http://www.supreme.justia.com Website for Justia: The US Supreme Court Center United States
• Supreme Court Decisions, 1990–PRESENT http://www.law.cornell.edu/supct/ Website for the Legal Information Institute at Cornell
University Law School
• United States Supreme Court Oral Arguments http://www.oyez.org Website for Oyez: U.S. Supreme Court Media
• United States Supreme Court Tour http://www.oyez.org/tour/courtroom Supreme Court tour from the Oyez website

29. 2 Questions
1. Precedents (stare decisis)... Provide an example where a precedent,
has impacted your life.
2. Currently, there is an empty seat in the Supreme Court. Since we
have a lame duck president; should President Obama be allowed to
present a Supreme Court Judge, and the Legislative branch vote on
it, or should we wait until until the next president takes office? And
why?
3. Have you ever gone to court? If you wish describe the process; did
you feel that the legal system worked for you, and was fair and just.

30. Thank-you – Cased Closed!