The Nature of Law in Higher Ed

1. What is the courts function?

1.1. dealing with problems involving colleges & universities and preform 3 functions:

1.2. settle controversies by applying appropriate laws, convey enactments of legislation and determine the enactments

2. Branches of Government & the Law

2.1. State & Federal Constitutions

2.2. legislation branch

2.3. executive branch

2.4. judicial branch

2.5. statutes

2.6. admin regulations

2.7. court opinion

3. How/where to find the law in HE

3.1. LexusNexus and Westlaw

4. most education cases are presented under:

4.1. certiorari - which is an action where a case is removed from a higher level court

5. What is the Constitution?

5.1. 1) constitutive - defines the power 2) stable - meant to serve 3) written - to ensure foundation 4) superior law 5) entrenched

6. Sources & Hierarchy of Law

6.1. The U.S Constitution, Federal Statues, State Constitution, State Law and Local Law

7. What is a judge's main function?

7.1. is to recognize that there must be limits both ways avoiding undue literalism and wide freedom of action

8. state courts can be broken into four different types of courts:

8.1. courts of general jurisdiction

8.2. courts of special jurisdiction

8.3. small claims

8.4. appellate courts