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



July 2012 | 160 pages | Corwin
Our society has always been drawn to the subject of jury trials with a mixture of fascination and anxiety, and we often tend to associate the jury process with criminal trials. In real life, including the world of public, private and parochial education, school leaders are much more likely to get involved in a civil trial. This generally means a case involving liability for alleged negligence. However, school leaders are not immune from involvement in criminal actions.

A few examples of the hundreds of situations in which school leaders have recently been involved as defendants, plaintiffs, witnesses, or respondents include:

o Criminal defendant: sexual assault

o Civil defendant: employment discrimination

o Criminal plaintiff: coach assaulted by parent

o Civil plaintiff: teacher alleging defamation

o Character witness: student seeks diversion agreement

o Factual witness: administrator passing in hallway when science lab explodes

o Respondent to interrogatories: principal required to compile and produce employment records, curriculum guides, test scores, and more

o Consulting expert witness: school leaders helping attorneys understand high-stake testing procedures

o Testifying expert witness: explaining proper methods of instruction in the use of industrial art shop equipment

The book examines similar situations and others that have arisen out of, or due to, civil or criminal negligence on the part of school leaders, and provides examples, some of which were handled correctly with positive outcomes and others in which specific errors caused significant problems.

 
Advisement
 
Acknowledgments
 
About the Authors
 
Introduction
 
Section I. A Review of the Legal Environment and the Function of Law
 
1. Why Me?
 
2. Overview of the Organization of Courts and the Legal Environment
 
Section II. The Process of Litigation
 
3. Annie’s Case
 
4. The Litigation Process
 
5. Working With an Attorney: Attorneys’ Considerations in Deciding Whether to Accept a Case
 
6. Courtroom Environment: You May Feel Small
 
7. The Trial
 
8. Managing and Surviving Litigation Stress
 
Section III. Verdict and Analysis
 
9. Smith v. Red Ridge Unified School District No. 435 (Annie’s Case)
 
Section IV. Your Role as an Expert Witness
 
10. Serving as an Expert Witness
 
Section V. Managing Your Risk of Litigation
 
11. Concluding Thoughts
 
Index

"This is a remarkable book. The authors provide concise, user-friendly descriptions of the various players in civil lawsuits and a definition of their roles and functions."

PsycCRITIQUES, April 2006

"In their timely and terse treatise, the authors assert that school leaders should view litigation as a routine function of successful practitioners who, in our increasingly litigious society, must be fully cognizant of basic principles of civil and criminal law."

The School Administrator, October 2007

Sample Materials & Chapters

Preface

Introduction

Chapter 1


Robert J. Shoop

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... More About Author

Dennis R. Dunklee

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... More About Author

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ISBN: 9781412915465
$34.95