This memo addresses the difference between public and private institutions. It is because the members of the society still differ on what characteristics should be looked at when deciding on what should be considered. However, through the court decisions and holdings, one can come up with a clear distinction between what should be categorized as a public or state institution and what is a private institution.
The courts have come up with precedent on what characteristics should be looked at when determining the class of the institution. It is important to understand the difference between these educational centers because it helps when making decisions and coming up with action plans. For example, it will determine the individuals who are supposed to be involved in the running of the school, the process of acquiring funds, and even the courses that they can offer.
You asked that I look at the difference between public and private institutions as per jurisprudence. A landmark case that came up with a distinction of what amounts to the difference is the Powe V Miles case (407 F.2d 73 (2d Cir. 1968)). This case was brought before the United States Court of Appeals. The issue for determination was whether the District Court had the jurisdiction over the private institution. The learned judges in this matter took various matters into consideration when coming up with the determination. In the Obiter of the case, the judges held that even though the defendant was a private institution, it was partly funded by the government. However, the case came up with an array of issues on what form of help should be further addressed when deciding on the states involvement should be in order for the school to be regarded as a public institution. The issues included factors such as amount of control the government has, the funding of the school, the ownership of the property, the tax status of the school, and the contract between the state and the school.
Summarily, the difference between these two classes of institution is the role that the government plays in the running of the school. Therefore, if the school is a public institution, the government will have a say in the manner in which it is run. In addition, it will be governed by the state laws. On the other hand, private institutions will be governed mainly by the schools private codes of conduct.
Lastly, from the holding of the court, the status of the school is a major factor that needs to be looked at. There are instances that the government will be involved in the funding of the school even though it is a private institution. Further, the status of the school will always determine whether the court has locus to determine the case. Therefore, the earlier mentioned issues need to be considered by the school for them to come up with the best way of carrying out their duties.
Conclusively, the Powe V Miles case helped come up with the characteristics that need to be considered when deciding on the status of the school.
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