Rule of law
This principle means government itself must follow the law.
What is the rule of law?
Government prosecutes someone for an offense and may seek punishment.
What is criminal law?
Due process is mainly concerned with this: fair ________
What are procedures?
This body passed North Carolina’s statewide wireless-device law.
What is the North Carolina General Assembly?
True or false: If a policy is legal, it must also be effective.
What is false?
Laws should generally be available and understandable before government punishes someone for breaking them.
What are public/knowable rules?
One person or organization sues another seeking a legal remedy.
What is civil law?
Before a typical short suspension, a student should normally hear the accusation and have a chance to do this.
What is respond/explain?
After state law, a local school board may create this to explain how the law will work locally.
What is a policy?
True or false: One event can involve criminal, statutory, administrative, and public-policy issues at the same time
What is true?
In Yick Wo v. Hopkins, the law looked neutral, but this was discriminatory.
What is enforcement/application?
This type of law is written and passed by a legislature
What is statutory law?
This amendment says states may not deprive a person of life, liberty, or property without due process of law.
What is the Fourteenth Amendment?
Responding when someone violates a rule is called this.
What is enforcement?
A rule is clear and legal but is enforced differently depending on who breaks it. The biggest concern is this rule-of-law safeguard.
What is equal/consistent application?
This Supreme Court case showed that even a President could be required to provide evidence in a criminal case.
What is United States v. Nixon?
Rules created through court decisions and precedent fall into this category.
What is common law?
This 1975 Supreme Court case involved students suspended from public school without adequate hearings.
What is Goss v. Lopez?
North Carolina’s wireless-device law requires exceptions for students with these educational plans.
What are IEPs or Section 504 plans?
A government agency acts quickly during an emergency but provides a hearing afterward. This illustrates that emergencies can change this part of due process.
What is timing?
Name TWO safeguards associated with the rule of law in this unit.
What are equal application, fair procedure, meaningful review, public/knowable rules, or limits on arbitrary power?
A student argues that a public school violated the First Amendment. This is primarily this type of legal dispute.
What is constitutional law?
North Carolina allows immediate removal before a hearing when a student creates this kind of problem.
What is a direct safety threat or substantial disruption?
Put these in order: enforcement, law, implementation, local policy.
What is law → local policy → implementation → enforcement?
In a strong policy argument, students should include evidence that challenges their own position. This is a ________ or complication
What is a counterargument?