amicus curiae: Friend of the court brief. Briefs submitted to the court by someone who is not a party to the case.
(eg. "Mendez v. Westminster assumes national significance through its tangible connections to Brown v. Board of Education in four related areas beyond NAACP counsel Thurgood Marshall's amicus curiae brief.")
certiorari: "To be made certain of": the name of a writ of review for a case falling in the discretionary area of the Supreme Court's appellate jurisdiction, requiring an affirmative
vote of four justices.
(A process by which the Supreme Court decides to hear a case)
de facto: In reality, in fact. This term is used to describe an entity or event which is not constituted in a regular or legal fashion, but which nonetheless be accepted for all practical purposes. The phrase is used to characterize the illegal but real existence of a public official, a state of affairs, a past action, a government, etc..
Distinguished from de jure.
(by the deed)
de facto segregation: Segregation in fact which exists without imposition of law or public authority.
(de facto segregation occurs in areas where people move out of a desegregated area causing a separate school system. An example of this was the white flight phenomena that occurred in the 60's when public schools were desegregated and the resulting busing to compensate for the de facto segregation)
dissent: An opinion which disagrees with that of the majority and is handed down by one or more members of the court.
de jure: By lawful title or right planned. The contrary of de facto.
(eg. In regard to education, a school district cannot plan segregation of students by law; Brown v. Board of Education)
de jure segregation: Segregation that exists as a result of public law or official actions by an officer of the State or State Agency.
dissenting opinion: An opinion disagreeing with that of the majority, handed down by one or more members of the court.
(eg. Supreme Court Justice Thurgood Marshall handed down a dissenting opinion regarding the latest Supreme Court decision to let School Boards determine desegregation policies.)
due process: Law in the regular course of administration through courts of justice, according to those rules and forms which have been established for the protection of private rights.
(Given notice and a process of appraisal or judgement.)
eminent domain: The power to take private property for public use.
(eg. A property interest in public education would be the time and work history of a teacher.
quo warranto: By what authority? A writ or proceeding by which the government inquires into the right of a person or corporation to hold an office or exercise a franchise which has been forfeited by neglect or abuse.
stare decisis: Adherence to a precedent: When the court has made a declaration of legal principle it is the law until changed by a competent authority.
(eg. In education the Brown v. Board of Education decision will stand in all school districts because of stare decisis)
tabula rasa: Means "blankslate"
(eg. In education, a School Board member must resist listening to public opinion during a hearing in order to remain unbiased.)
statute: Law enacted by the legislative power of the US or a county or state. Statutes regarding education in Arizona are found under Title 15.
tort: Legal injury or wrong committed upon the person or property of another independent of contract.
(Most school related torts involve negligent supervision of students related to the essential issue of what is proper supervision in particular circumstances)
Defining Text and References
Drake, Jackson M. and Corkill, Phillip M., An Overview Of School Law. Eddie Bowers Publishing, Inc. (Iowa, 1986).
Valente, William D., Law In The Schools. Charles E. Merrill Publishing Company. (Ohio, 1980).
We Always Tell Our Children They Are Americans:
From The Law and American Education