Anatomy of a Lawsuit : What Every Education Leader Should Know about Legal Actions

by Robert J. Shoop

• ISBN13: 9781412915465
• ISBN10: 1412915465
• Format: Paperback
• Copyright: 2005-10-18
• Publisher: Corwin Pr

Summary

This indispensable text provides educators with the information they need to understand, be prepared for, and respond to civil litigation.

Table of Contents

Preface	ix
Acknowledgments	ix
About the Authors	xi
Introduction	1	(4)
PART I. A REVIEW OF THE LEGAL ENVIRONMENT AND THE FUNCTION OF LAW	5	(28)
Why Me?	7	(12)
Standards of Care	7	(1)
Negligence	8	(2)
The Concept of Foreseeability	10	(1)
Your In Loco Parentis Duty as a School Leader to Provide a Safe Learning Environment	11	(1)
Section 1983	12	(1)
Knowing and Assimilating Your School District's Policies and Procedures	13	(1)
Ethics Versus the Law	13	(1)
What Constitutes Acceptable Behavior By You as an Education Professional	14	(3)
References	17	(1)
Notes	17	(2)
The Legal Environment and Organization of the Courts	19	(14)
The Function of Law	19	(1)
Sources of Law	20	(3)
Constitutional Law	20	(3)
Common Law	23	(1)
Statutory and Administrative Law	23	(1)
Structure of Government	23	(2)
The Legislative Branch	24	(1)
The Executive Branch	24	(1)
The Judicial Branch	25	(1)
The Federal Court System	25	(2)
Federal District Courts	25	(1)
Federal Courts of Appeal	26	(1)
United States Supreme Court	26	(1)
The State Court System	27	(1)
Function of the Courts	28	(1)
Alternative Dispute Resolution	29	(4)
Non-Binding Mediation	29	(1)
Binding Arbitration	30	(1)
Mini-Trials	31	(2)
PART II. THE PROCESS OF LITIGATION	33	(74)
Annie's Case	35	(16)
The Litigation Process	51	(16)
Civil Litigation	51	(9)
The Pleading or Complaint	52	(2)
The Summons	54	(1)
The Response	54	(1)
The Discovery Process	55	(4)
The Trial	59	(1)
Post Trial	59	(1)
Appeal	59	(1)
Other Civil Litigation Procedures	60	(3)
Cause of Action	60	(1)
Parties to Civil Litigation	60	(1)
Statute of Limitations	60	(1)
Standing	61	(1)
Summary Judgment	61	(1)
Jurisdiction and Venue	62	(1)
Class Action	62	(1)
Criminal Prosecution	63	(4)
Criminal Law	63	(1)
When a Crime Occurs	63	(1)
The Criminal Court Process	64	(1)
Felony Court Procedure	64	(3)
Working With an Attorney: Attorneys' Considerations in Deciding Whether to Accept a Case and Bring a Lawsuit	67	(12)
Developing a Defense Strategy	69	(2)
The Selection and Effectiveness of Witnesses	71	(8)
Witness Selection	71	(2)
Preparing to Testify	73	(2)
Giving Testimony	75	(4)
Courtroom Environment: You May Feel Small	79	(12)
The Courtroom's Physical Design	80	(1)
Rituals and Rhetoric	81	(3)
Attorney Rhetoric and Jury Persuasion in the Courtroom	84	(3)
The Adversarial System--Cross-Examination	87	(2)
References	89	(2)
The Trial	91	(8)
Jury Versus Non-Jury	91	(1)
Presentation of the Case	92	(7)
Burden of Proof	92	(1)
Direct and Cross-Examination	93	(1)
Evidence	93	(1)
The Record	94	(1)
Objections and Motions to Strike	94	(1)
Motion for a Directed Verdict	94	(1)
Final or Closing Arguments	95	(1)
Verdict and Judgment	96	(1)
Motion for a New Trial	96	(1)
Judgment Notwithstanding the Verdict	97	(1)
Writ of Execution	97	(1)
Appeal	97	(2)
Managing and Surviving Litigation Stress	99	(8)
The Legal System: Perception Versus Reality	100	(1)
Your Reactions to Being Sued	100	(1)
Stress Management Strategies	101	(1)
It's Never ``Off the Record'': Working With the Media	102	(5)
Media Industry Drivers	103	(1)
Working With the Media	104	(3)
PART III. VERDICT AND ANALYSIS	107	(12)
Smith v. Red Ridge Unified School District No. 435 (Annie's Case)	109	(10)
Time Lapse	109	(1)
Jury Demographics	109	(1)
Subpoenas Issued for Interrogatories and Depositions	110	(4)
For the Plaintiffs	110	(2)
For the Defendants	112	(2)
Litigation Strategies	114	(1)
For the Plaintiffs	114	(1)
For the Defendants	114	(1)
Witnesses Summoned to Appear at Trial	115	(1)
For the Plaintiffs	115	(1)
For the Defendants	116	(1)
Jury Verdict in the Trial of Smith v. Red Ridge Unified School District No. 435 (Annie's Case)	116	(1)
Damages Awarded by the Jury	116	(1)
Polling of the Jury: A Fact Analysis	117	(2)
PART IV. YOUR ROLE AS AN EXPERT WITNESS	119	(12)
Serving as an Expert Witness	121	(10)
Types of Experts	122	(1)
Expert Evidence	123	(1)
Conflicts of Interest	124	(1)
Agreeing to Serve	125	(1)
The Importance of a Contract	125	(1)
Consulting Fees	125	(1)
Your Responsibilities as an Expert Witness	126	(5)
Report and Deposition	126	(2)
The Trial	128	(1)
Points to Remember	128	(3)
PART V. MANAGING YOUR RISK OF LITIGATION	131	(6)
Concluding Thoughts	133	(4)
Index	137