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

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Corwin Press, Oct 10, 2005 - Education - 160 pages
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This indispensable text provides educators with the information they need to understand, be prepared for, and respond to civil litigation.
 

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Contents

Introduction
1
A REVIEW OF THE LEGAL ENVIRONMENT AND THE FUNCTION OF LAW
5
Why Me?
7
Negligence
8
The Concept of Foreseeability
10
Your In Loco Parentis Duty as a School Leader to Provide a Safe Learning Environment
11
Section 1983
12
Knowing and Assimilating Your School Districts Policies and Procedures
13
The Courtrooms Physical Design
80
Rituals and Rhetoric
81
Attorney Rhetoric and Jury Persuasion in the Courtroom
84
The Adversarial SystemCrossExamination
87
References
89
The Trial
91
Presentation of the Case
92
Direct and CrossExamination
93

What Constitutes Acceptable Behavior by You as an Education Professional
14
References
17
The Legal Environment and Organization of the Courts
19
Sources of Law
20
Common Law
23
The Legislative Branch
24
The Judicial Branch
25
Federal Courts of Appeal
26
The State Court System
27
Function of the Courts
28
Alternative Dispute Resolution
29
Binding Arbitration
30
MiniTrials
31
THE PROCESS OF LITIGATION
33
Annies Case
35
The Litigation Process
51
The Pleading or Complaint
52
The Summons
54
The Discovery Process
55
The Trial
59
Other Civil Litigation Procedures
60
Standing
61
Jurisdiction and Venue
62
Criminal Prosecution
63
The Criminal Court Process
64
Working With an Attorney Attorneys Considerations in Deciding Whether to Accept a Case and Bring a Lawsuit
67
Developing a Defense Strategy
69
The Selection and Effectiveness of Witnesses
71
Preparing to Testify
73
Giving Testimony
75
Courtroom Environment You May Feel Small
79
The Record
94
Final or Closing Arguments
95
Verdict and Judgment
96
Judgment Notwithstanding the Verdict
97
Managing and Surviving Litigation Stress
99
Perception Versus Reality
100
Stress Management Strategies
101
Working With the Media
102
Media Industry Drivers
103
Working With the Media
104
VERDICT AND ANALYSIS
107
Smith v Red Ridge Unified School District No 435 Annies Case
109
Subpoenas Issued for Interrogatories and Depositions
110
For the Defendants
112
Litigation Strategies
114
For the Defendants
115
For the Defendants
116
A Fact Analysis
117
YOUR ROLE AS AN EXPERT WITNESS
119
Serving as an Expert Witness
121
Types of Experts
122
Expert Evidence
123
Conflicts of Interest
124
Agreeing to Serve
125
Your Responsibilities as an Expert Witness
126
The Trial
128
MANAGING YOUR RISK OF LITIGATION
131
Concluding Thoughts
133
Index
137
Copyright

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About the author (2005)

Dr. Robert J. Shoop is Professor of Education Law and Senior Scholar in the Leadership Studies Program at Kansas State University. He has served as a teacher, community education director, and principal, and he was the Ohio State Evaluator of Student Rights and Responsibilities. He is the author or coauthor of more than one hundred journal articles, fifteen books, and several monographs and book chapters on various legal issues. His most recent books are Virtuous Leadership (2004); Sexual Exploitation of Students: How to Spot it and Stop It (2003); Leadership Lessons from Bill Snyder (1998); Sexual Harassment Prevention (1997); Sexual Harassment on Campus: A Guide for Administrators, Faculty Members, and Students (1996, co-edited with Dr. Bernice Sandler); and How to Stop Sexual Harassment in Our Schools (1994).

He is also the co-producer of a number of video programs on eliminating sexual harassment. These productions have received national and international recognition, including First Place Award, 1996 National Council of Family Relations Annual Media Competition; 1996 Gold Award of Merit, Houston Film Festival; and 1995 Golden Camera Award, International Film and Video Festival. Dr. Shoop is the 1996 recipient of the Michael C. Holen Excellence in Graduate Teaching Award, a past recipient of Kansas State University’s Outstanding Undergraduate Teacher Award, and a past member of the Board of Directors of the Educational Law Association. He has consulted with national associations, community colleges, universities, government agencies, and businesses and educational organizations throughout the United States and in several foreign countries. Dr. Shoop is a nationally recognized expert in the area of school law, with a focus on sexual harassment and abuse prevention and risk management. He has appeared as a guest on CNN, The Today Show with both Katie Couric and Matt Lauer, ABC’s 20/20, MSNBC with Lester Holt, CNN, Day and Date, The Jim Bohannon Show, The Oliver North Show, The Mark Furman Show, The Mark Walberg Show, and Outside the Lines with Bob Ley.

This is the seventh law-related book written by the team of Shoop and Dunklee. Their other books are School Law for the Principal (1992); A Primer for School Risk Management (1993); The Legal Manual for Programming Professionals (1994); The Principal’s Quick-Reference Guide to School Law (2002); and Anatomy of a Lawsuit: What Every Education Leader Should Know About Legal Actions (2005).

Dr. Dennis R. Dunklee is an Emeritus Professor in the Education Leadership Department in the Graduate School of Education at George Mason University. During his twenty-five years in public schools, he served as a teacher, elementary school principal, junior high and middle school principal, high school principal, and central office administrator. During his more than twenty years at George Mason University, he taught courses in education law and school leadership and served as an advisor and chair for master’s and doctoral candidates in school leadership.
Because of his expertise and practical experience, he continues to be frequently called on to consult in the areas of effective schools, school law, administrator evaluation, instructional supervision, school-community relations, problem solving, and conflict resolution. In addition, he continues to be actively involved as a consultant and expert witness in numerous school-related lawsuits nationwide. As a university scholar and researcher, he has published, and continues to publish, textbooks, monographs, and articles on issues in the fields of school law, business management, administrative practice, and leadership theory. He also continues to present papers at international, national, regional, state, and local conferences and is a widely sought-after clinician for inservice workshops. Dr. Dunklee was an invited participant and presenter at the 2005 Oxford (University) Round Table on Education Law: Individual Rights and Freedoms.

He received his Ph.D. in school administration and foundations from Kansas State University. His major area of research was in the field of education law, and his dissertation was on tort liability for negligence. He holds a master’s degree in elementary and secondary school administration from Washburn University.

This is Dr. Dunklee’s eighth book for Corwin Press. His other Corwin books are You Sound Taller on the Telephone: A Practitioner’s View of the Principalship (1999); If You Want to Lead Not Just Manage (2000); The Principal’s Quick Reference Guide to School Law (2002 and 2006, with Robert J. Shoop); Strategic Listening for School Leaders (2005, with Jeannine Tate); Anatomy of a Lawsuit: What Every Education Leader Should Know About Legal Actions (2006, with Robert J. Shoop); and Poverty Is NOT a Learning Disability (2009, with Tish Howard and Sandy Grogan Dresser).

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