Anatomy of a Lawsuit : What Every Education

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

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

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

Summary

Table of Contents

Supplemental Materials