Law

Sources of Law

Constitutional

Constitutional:
A-defines the fundamental rules which the american system functions
B-sets guidelines for government Actions
C- distributes power and responsibility among the Legislatve, Executive, and Judical branches of Government

Conditions in the constitution allow for Statutes (Federal Laws (legislation passed by congress). This is the basis for Special Education Laws (IDEA & 504)
= It is upholded by the 14th Amendment

States have thier own constitution: States instruct the supply of an education for thier citizens

Statutory

Deffintion: laws passed or made by Congress and state legislatures

Starts with the bill being sent to the 1st house
then the 2nd house if both houses pass it it is
sent to the senete. If the senate passes it goes
to the President

If the president says no
then it goes through process
again.

Regulatory

the details of the laws or rules about the
general content of the law

Case Law

courts opinions and cases that interperate
statutes and regulations

mediation

hearing

appeal

Supreme
9 judges
nation/other states pay attention

Appealate
3 judges
nieghboring states pay attention

District
1 judge
discovery stage

Evolution of Special Education
law

Mills v. Board of Education

Special Education under 14th Amendment

PARC vs Commonwealth of Pennsylvania

Special Education under 14th Amendment

Smith vs Robinson

Handicapped Children's Protection Act-
Parents collect attorney's fees

Federalism and how it underlies
our system of Laws

states joined under a federal governement

powers not granted to govt- given to states

Federal Government provides grants like IDEA,
to try and get states to follow certain rules, so
that they can have money.

Parts of the Judical
system

Horizontal Power

Supreme

Court interpretes the
constitution

Harder to change

Limitied

Courts interprete legislative
laws

laws can be changed
or altered if disagreed
with

Smith vs. Robinson

IDEA

Vertical Power

supreme court

Judges and justices, see if
they applied the law correctly

fact finding

Court of last resort
1% of cases

appelate of intermediate court
12 judeges- 3 hear the case

trial court/ District
court

Holding & Dicta

Holding: decisions that control the
decisions of lower courts
Dicta: Judical opionion

Opinion

States the ruling of the court and why they made thier decision

Precedent

Follow rules of other courts decisions
unless they feel like a change is needed.

Subtopic