Crm 123 Introduction To Law Assessment Answers

Bailey procrastinated on his work, and pulled an "all-nighter" studying for his CRM 123 exam. He was exhausted the next day, and still did not really know the material. During the exam, he pretended to be doing "head-rotations" to loosen his cramped neck muscles, when in fact, he was looking at the examination of the student sitting next to him. The professor who was proctoring the exam saw him looking at the answer sheet of the student setting next to him.

The professor took his exam and removed him from the classroom. She also told him that because of his cheating, he would automatically fail the class. The next day, he discovered that he had been dismissed from the University with no tuition refunds and that his transcripts had been marked "DISMISSED FOR CHEATING." Bailey is suing the University claiming that the University's actions were unconstitutional and asking to be reinstated and to continue his education without penalty. 

1. Describe the legal concepts and supporting case law from Chapter 1 of the text.

2. Decide which side should win and explain your reasoning.

3. Explain how you used the legal concepts in Chapter 1 to arrive at your decision.

Different legal concepts are associated with the whole of the case. The legal concept of right to proper and quality education companies are presented here. Them another concept comes here, that is the University had taken fees for the class but they were not refunding them even after dismissing him. This legal concept also comes here. The case was treated and registered under 187 N.W.2d 702 (1971). It was incorporated as Terr.L.1851, c.3 (McDonald, Bailey, Price & Pini, 2014). Under Section 4 of the same Act, some of the related case laws related to this area such as Fanning v. University of Minnesota, Gleason v. University of Minnesota, Sholes v. University of Minnesota (Klocko, 2014). These cases were also related to this case, and the Supreme Court directed the University to function in a constitutional way and take up the academic responsibility that is being shouldered by it.

2. The side that should win and the reason for that:

It can be said that Bailey should win. It can be said that the thing that Bailey has done is just a mere cheating. Further, the professor cannot fully prove that he has cheated unless there is some kind of solid proof against Bailey. Ignoring all these facts, the University has dismissed him and not even refunded the amount that were paid off by him (Lipson & Karthikeyan, 2016). This is fully unconstitutional and destroying the career of a student (defiance of the right to proper and quality education). Thus, it can be said that Bailey should win in this case and he should be again admitted in the University without any penalty.

3. The use of different legal concepts

The different legal concepts to be considered here, must ne related to the core concept of education. Sections 125A.03 to 125A.24, deals with the various legal and factual details. These sections help in ensuring the right kind of education (Cabrera, 2017). As per these sections, it directs to an education institution that has to provide the right kind of quality education to the students and that will not and cannot discriminate between the students at any point of time. Further, the law needs to be more accurate guiding education system to be more authentic. Laws to be presented must be looked after by the legal bodies. This is to ensure that the university cannot make any kind of illegal activities and cannot just takes the fees from the students without imparting good education for them. After all, when a student has chartered, the University has not such right to expel the student (Lipson & Karthikeyan, 2016). It can give warning to the students or utmost cancel that respective test. However, it cannot expel students just because of mere cheating.

References:

Cabrera, N. J. (2017). Control and prevention of crimes committed by state-supported educational institutions. In Controlling State Crime (pp. 163-206). Routledge. London, UK

Klocko, M. N. (2014). Academic dishonesty in schools of nursing: a literature review. Journal of Nursing Education, 53(3), 121-125. Doi:10.3928/01484834-20140205-01

Lipson, S. M., & Karthikeyan, L. (2016). The art of cheating in the 21st millennium: Innovative mechanisms and insidious ploys in academic deceit. Doi:10.5296/ije.v8i2.9117

McDonald, P., Bailey, J., Price, R., & Pini, B. (2014). School-aged workers: Industrial citizens in waiting?. Journal of Sociology, 50(3), 315-330. Doi:10.1177/1440783312458008