GNSDO MEETINGLEGAL ISSUES IN EDUCATION
ROCKDALE MEDICAL CENTERApril 17th, 2012
Provisions protecting personal, property and political rights
14th Amendment protection of due process
1st Amendment protection of free speech,freedom of religion, and the right to assemble
4th Amendment protection of search and seizure
Risk Areas-Areas Protected under the Constitution
DiscriminationBased on race, color, or national origin
American Disabilities Act
Family Educational Rights and Privacy Act (personal rights of school
records)
Copyright Infringement Penalties Copyright infringement is the act of violating any of a copyright
owner’s exclusive rights granted by the federal Copyright Act. There are three elements that must be in place in order for the infringement to occur.
The copyright holder must have a valid copyright. The person who is allegedly infringing must have access to the
copyrighted work. The duplication of the copyrighted work must be outside the
exceptions. The legal penalties for copyright infringement are: Infringer pays the actual dollar amount of damages and profits. The law provides a range from $200 to $150,000 for each work
infringed. Infringer pays for all attorneys fees and court costs. The Court can issue an injunction to stop the infringing acts. The Court can impound the illegal works. The infringer can go to jail.
Slander and defamation would be a reason to sue if the teacher said something untrue about a student's character that has a negative effect on their well-being or reputation.
Libel is letter Slander is spoken
Torts/Slander and Defamation
Plaintiff files COMPLAINT and SUMMONS Defendant files ANSWER Fact finding occurs through DISCOVERY Any and All MOTIONS Possible JUDGMENT, MEDIATION or SETTLEMENT
is entered. Common MotionsEntry of Default
Motion to Dismiss Motions to Compel Summary Judgment Possible JUDGMENT, MEDIATION or SETTLEMENT is entered. Common
MotionsEntry of Default
Motion to Dismiss Motions to Compel Summary Judgment A TRIAL may occur when settlement is not reached.
The process of being sued
Complaint-Prayer for relief/allegations/joinder of claims
Challenges to the compliant (motion to dismiss)
Answer (Denial, Affirmative defense, Admission of Guilt)
Counter Claims/Cross Claims (co-defendant) Discovery (Depositions, Interrogatories,
Inspection of Documents Summary Judgment/Trial
Pleadings
The content of the materials within are researched and presented from current evidence based practice. The materials are not to be replicated without express permission of the author.
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