American Legal System (Chapter one)

Constitutional law

Based on the constitution

There are state constitutions and federal constitution

The state constitution can provide more rights beyond the federal constitution but cannot deny rights from the federal one.

All states have educational mandates in their constitutions.

Statutory law

Law that is passed or enacted by congress and state legislatures make statues

Process

The law is created by either the house of representatives or senate. The bill is then given to the appropriate committee of the given house. That house then gives it to a subcommittee and then it is reported by a full committee. The bill is then given to the house of senate to debate on and vote on the bill. The bill then passes or dies. If it passes it goes to the other house(house of representatives or senate) and is given to a committee, subcommittee, and then full committee and debated on and voted by the house. If passed by both houses it is given to the conference committee to develop compromise bill. If this is voted to pass then it is given to the president to pass or veto the bill. If the bill passes it becomes a law, if it is vetoed it can pass by a 2/3 vote of congress.

Regulatory law

The statutory law is very general and because of this they give power to agencies of the executive branch to specify and add regulations to the laws.

The agencies create regulations that are additions to the law

The agencies within the department of the law that is in question investigates the situations.

Case law

Judges interpretations of statutes, regulations, and constitutional provisions.

Government of US composed of a union of states under a central federal government.

Federal Government indirectly helps education through grants

Horizontal Power

two types of horizontal power

Supreme power

the power that the supreme courts act as the ultimate interpreter of the constitution.

Limited power

The power is limited based on the legislative decision.

Vertical Power

trial court (district courts)

Fact finding process occurs

Once facts are found they are the same when going to higher courts unless found that they are biased when they were found.

can appeal to next highest court

intermediate appellant court

Binding on courts of it's jurisdiction

Make sure the trial court did not have error and to develop laws,

They can reverse the trial courts decision if error is found/

Can appeal to higher court

Court of last resort (Supreme Court)

Binding on all lower courts

They review the intermediate courts decision to see is laws were correctly applied.

Precedent

courts are expected to follow decisions of similar cases

Opinions

Concurring

when a judge agrees with a ruling but not with the reasoning behind the ruling.

Dissenting

when a judge or justice write a statement of disagreement with the results of the ruling.