Test Bank
School Law and the Public Schools: A Practical Guide for Educational Leaders,
7th Edition
By Nathan L. Essex
All Chapters Covered| Latest Edition| 2025/2026
C
LE
ST
BE
BESTLEC
, Chapter 1: Legal Framework Affecting Public Schools
Chapter 1 Learning Objective Quizzes
[Q1]
Individual rights are those that are essential to live a free and equitable life. These rights cannot
be denied by other individuals or the government. The primary source of individual rights stems
from the:
1. Fourteenth Amendment
2. Bill of Rights (correct answer)
3. Fifth Amendment
4. State constitutions
[Feedback for Answer Choice 1]
This choice is incorrect because the Fourteenth Amendment, specifically its due process and
equal protection clauses, is significant in applying the Bill of Rights to the states. However, it is
C
not the original source of the rights themselves.
[Feedback for Correct Answer 2] LE
This response is correct. The Bill of Rights, which comprises the first ten amendments to the
U.S. Constitution, is the primary source of individual rights. These amendments expressly
protect certain rights and liberties for individuals from government interference such as freedom
of speech and the right to bear arms while other components of the Constitution, including the
ST
Fourteenth and Fifth Amendments as well as state constitutions, protect individual rights, as the
Bill of Rights is specifically designed to limit the powers of the federal government and protect
the rights of individuals.
[Feedback for Answer Choice 3]
BE
This option is incorrect. The Fifth Amendment provides specific protection including the right
against self-incrimination, but it is a component of the Bill of Rights and not the sole source of
individual rights.
[Feedback for Answer Choice 4]
This option is incorrect. While state constitutions can and do protect individual rights, the Bill of
Rights at the federal level is the foundational document that enumerates these rights for all
citizens, irrespective of state laws.
[Q2]
The Fourteenth Amendment granted citizenship to all individuals born or naturalized in the
United States and provided all citizens equal protection under the laws. Which of the following
statements most accurately describes the impact of the Fourteenth Amendment?
1. Each state’s Bill of Rights is protected by its equal protection of the law provision. (correct answer)
2. The concept of due process is applied to state laws and enforced by state courts.
3. School officials must respect the constitutional rights of students and school personnel.
4. The responsibility for public schooling resides with the states.
[Feedback for Correct Answer 1]
,This choice is correct based on the tenets of the Fourteenth Amendment which states ―No state
shall make or enforce any law that abridge the privileges or immunity of citizens of the United
States nor shall any state deprive any person of life, liberty or property without due process of
the laws or deny any person within its jurisdiction the equal protection of the laws.
[Feedback for Answer Choice 2]
This choice is not totally correct. While the concept of due process is applied to state laws and
can be enforced by state courts, due process challenges are also enforced by federal courts.
[Feedback for Answer Choice 3]
This answer is correct but does not represent the strongest impact of the Fourteenth Amendment.
[Feedback for Answer Choice 4]
This answer is correct but has no bearing on the impact of the Fourteenth Amendment to states.
The responsibility for public schooling resides with the state based on the Tenth Amendment
provision to the U.S. Constitution.
C
[Q3]
The U.S. Constitution is the supreme law of the land. The first ten amendments of the
Constitution are viewed as fundamental liberties of free people. The U.S. Constitution is not:
LE
1. A framework of law in which orderly governmental processes operate
2. The primary source of law
3. Subordinate to state constitutions, local regulations, and case law (correct answer)
4. The basic law of the land
ST
[Feedback for Answer Choice 1]
This response is incorrect. The Constitution does, in fact, provide the framework for the
operation of the U.S. Government.
[Feedback for Answer Choice 2]
BE
This option is incorrect. The Constitution is the foundational legal document from which all
other laws in the United States derive their authority.
[Feedback for Correct Answer 3]
This choice is correct. The U.S. Constitution is the supreme law of the United States and is not
subordinate to any other form of law within the country. According to the Supremacy Clause
(Ar, Clause 2), the Constitution, federal laws, made pursuant to it, and treaties made under its
authority constitute the supreme law of the land. This means that state courts are bound by and
state constitutions are subordinate to the U.S. Constitution. [Feedback for Answer Choice 4]
This choice is incorrect. The Constitution is commonly referred to as the basic law of the land
establishing the federal government and fundamental laws while guaranteeing certain basic
rights for its citizens.
, [Q4]
State constitutions represent the basic source of law for individual states and generally require
legislative bodies to perform a number of important functions. State constitutions perform a
number of functions with one exception:
1. Establishes a system of public education
2. Guarantees absolute personal rights (correct answer)
3. Prescribes funding and operational schemes for public schools
4. Restricts power of legislative bodies
[Feedback for Answer Choice 1]
This option is incorrect. State constitutions often include provisions that establish and regulate
the system of public education within the state.
[Feedback for Correct Answer 2]
This response is correct. State constitutions perform a variety of functions, but do not guarantee
absolute personal rights. The rights enumerated in state constitutions, like those in the U.S.
Constitution, are subject to certain limitations and interpretations by the courts. For example,
C
rights such as freedom of speech or religion can be limited under certain circumstances for
public safety reasons.
[Feedback for Answer Choice 3] LE
This response is incorrect. State constitutions typically outline the funding methods and
operational guidelines for public schools.
[Feedback for Answer Choice 4]
ST
This response is incorrect. State constitutions define the scope and limits of power by legislative
bodies within the state ensuring a balance of power among the branches of government.
[Q5]
Statutes represent laws passed by the legislature. Federal statutes are laws passed by Congress
BE
with approval of the President. A statute represents:
1. An act of the legislative branch of government (correct answer)
2. The most abundant source of law
3. The most viable source of new laws or revisions of existing law
4. A law enacted by the judicial branch of government
[Feedback for Correct Answer 1]
This response is correct. Statutes are also referred to as Acts, such as the Civil Rights Act of
1964 and the Individuals with Disabilities Education Act. These Acts set forth general principles
of law that courts apply to specific situations. They may forbid certain action or direct certain
action.
[Feedback for Answer Choice 2]
This option is incorrect. While statutes are a significant source of law, this option does not define
what a statute is.
[Feedback for Answer Choice 3]
School Law and the Public Schools: A Practical Guide for Educational Leaders,
7th Edition
By Nathan L. Essex
All Chapters Covered| Latest Edition| 2025/2026
C
LE
ST
BE
BESTLEC
, Chapter 1: Legal Framework Affecting Public Schools
Chapter 1 Learning Objective Quizzes
[Q1]
Individual rights are those that are essential to live a free and equitable life. These rights cannot
be denied by other individuals or the government. The primary source of individual rights stems
from the:
1. Fourteenth Amendment
2. Bill of Rights (correct answer)
3. Fifth Amendment
4. State constitutions
[Feedback for Answer Choice 1]
This choice is incorrect because the Fourteenth Amendment, specifically its due process and
equal protection clauses, is significant in applying the Bill of Rights to the states. However, it is
C
not the original source of the rights themselves.
[Feedback for Correct Answer 2] LE
This response is correct. The Bill of Rights, which comprises the first ten amendments to the
U.S. Constitution, is the primary source of individual rights. These amendments expressly
protect certain rights and liberties for individuals from government interference such as freedom
of speech and the right to bear arms while other components of the Constitution, including the
ST
Fourteenth and Fifth Amendments as well as state constitutions, protect individual rights, as the
Bill of Rights is specifically designed to limit the powers of the federal government and protect
the rights of individuals.
[Feedback for Answer Choice 3]
BE
This option is incorrect. The Fifth Amendment provides specific protection including the right
against self-incrimination, but it is a component of the Bill of Rights and not the sole source of
individual rights.
[Feedback for Answer Choice 4]
This option is incorrect. While state constitutions can and do protect individual rights, the Bill of
Rights at the federal level is the foundational document that enumerates these rights for all
citizens, irrespective of state laws.
[Q2]
The Fourteenth Amendment granted citizenship to all individuals born or naturalized in the
United States and provided all citizens equal protection under the laws. Which of the following
statements most accurately describes the impact of the Fourteenth Amendment?
1. Each state’s Bill of Rights is protected by its equal protection of the law provision. (correct answer)
2. The concept of due process is applied to state laws and enforced by state courts.
3. School officials must respect the constitutional rights of students and school personnel.
4. The responsibility for public schooling resides with the states.
[Feedback for Correct Answer 1]
,This choice is correct based on the tenets of the Fourteenth Amendment which states ―No state
shall make or enforce any law that abridge the privileges or immunity of citizens of the United
States nor shall any state deprive any person of life, liberty or property without due process of
the laws or deny any person within its jurisdiction the equal protection of the laws.
[Feedback for Answer Choice 2]
This choice is not totally correct. While the concept of due process is applied to state laws and
can be enforced by state courts, due process challenges are also enforced by federal courts.
[Feedback for Answer Choice 3]
This answer is correct but does not represent the strongest impact of the Fourteenth Amendment.
[Feedback for Answer Choice 4]
This answer is correct but has no bearing on the impact of the Fourteenth Amendment to states.
The responsibility for public schooling resides with the state based on the Tenth Amendment
provision to the U.S. Constitution.
C
[Q3]
The U.S. Constitution is the supreme law of the land. The first ten amendments of the
Constitution are viewed as fundamental liberties of free people. The U.S. Constitution is not:
LE
1. A framework of law in which orderly governmental processes operate
2. The primary source of law
3. Subordinate to state constitutions, local regulations, and case law (correct answer)
4. The basic law of the land
ST
[Feedback for Answer Choice 1]
This response is incorrect. The Constitution does, in fact, provide the framework for the
operation of the U.S. Government.
[Feedback for Answer Choice 2]
BE
This option is incorrect. The Constitution is the foundational legal document from which all
other laws in the United States derive their authority.
[Feedback for Correct Answer 3]
This choice is correct. The U.S. Constitution is the supreme law of the United States and is not
subordinate to any other form of law within the country. According to the Supremacy Clause
(Ar, Clause 2), the Constitution, federal laws, made pursuant to it, and treaties made under its
authority constitute the supreme law of the land. This means that state courts are bound by and
state constitutions are subordinate to the U.S. Constitution. [Feedback for Answer Choice 4]
This choice is incorrect. The Constitution is commonly referred to as the basic law of the land
establishing the federal government and fundamental laws while guaranteeing certain basic
rights for its citizens.
, [Q4]
State constitutions represent the basic source of law for individual states and generally require
legislative bodies to perform a number of important functions. State constitutions perform a
number of functions with one exception:
1. Establishes a system of public education
2. Guarantees absolute personal rights (correct answer)
3. Prescribes funding and operational schemes for public schools
4. Restricts power of legislative bodies
[Feedback for Answer Choice 1]
This option is incorrect. State constitutions often include provisions that establish and regulate
the system of public education within the state.
[Feedback for Correct Answer 2]
This response is correct. State constitutions perform a variety of functions, but do not guarantee
absolute personal rights. The rights enumerated in state constitutions, like those in the U.S.
Constitution, are subject to certain limitations and interpretations by the courts. For example,
C
rights such as freedom of speech or religion can be limited under certain circumstances for
public safety reasons.
[Feedback for Answer Choice 3] LE
This response is incorrect. State constitutions typically outline the funding methods and
operational guidelines for public schools.
[Feedback for Answer Choice 4]
ST
This response is incorrect. State constitutions define the scope and limits of power by legislative
bodies within the state ensuring a balance of power among the branches of government.
[Q5]
Statutes represent laws passed by the legislature. Federal statutes are laws passed by Congress
BE
with approval of the President. A statute represents:
1. An act of the legislative branch of government (correct answer)
2. The most abundant source of law
3. The most viable source of new laws or revisions of existing law
4. A law enacted by the judicial branch of government
[Feedback for Correct Answer 1]
This response is correct. Statutes are also referred to as Acts, such as the Civil Rights Act of
1964 and the Individuals with Disabilities Education Act. These Acts set forth general principles
of law that courts apply to specific situations. They may forbid certain action or direct certain
action.
[Feedback for Answer Choice 2]
This option is incorrect. While statutes are a significant source of law, this option does not define
what a statute is.
[Feedback for Answer Choice 3]
