American Legal System

Constitutional law

Defines the fundamental rules which the American system Functions

Sets the parameters for government action

Allocates power and responsibility among legislative, executive, and judicial branches

Legislative: Creates Laws

Executive: Enforces Laws

Judicial: Interprets Laws

Each State has their own "state constitution" which allows for each state to set up individual guidelines and structure for their government to ensure the protectionsof rights for their state citizens.

Statutory Law

Introduced in House/Senate

Referred to comittee

Referred to Subcomittee

Reported by Full Comittee

House/Senate Debate Vote On Bill

Conference comittee if bill passes in both houses

Bill sent to President

Bill Signed: New Law

Vetoes Bill: If congress overides veto: Bill becomes law.

The authority given to congress to make laws.

Regulatory Law

The fine tuning of a law to make it more understandable and followable. Congress makes a generalized idea of law and the Regulartory provides the rules and regulations which follow with the law. In addition they can also create rulings regarding the compliance of the laws.

Case Law

Refers to published opinions of judges that arise in court cases. Therefore cases that go through court that have a huge impact tend to lead to laws being made to compensate for issues made and how we can fix it.

Based heavily in the Legislative Branch

Horizontal Power

Supreme Power

the courts act as the ultimate interpreter of the constitution.

Limitied Power

Virtually all judicial decisions involve the interpretation of the laws of the legislative branch.

Has the final say which can alter the law or write another law

Vertical Power

Trial Court (district courts)

Fact-Finding

Appellate or Intermediate Court

binding on trial courts in it's jurisdiction

Court of Last Resort

"Supreme Court"

Binding on all lower courts, trials, and appellates

Trial Court

1st Level (Fact-Finding) based off of judge/jury hears and the issues and facts are gathered. Judges also make notes and finds issues with laws associated with trials.

Intermediate Appellate Court

The Appellate Court reviews decision of the trial court on the issues of law. Then the decision is made if the trial court judgment should be affirmed, revered, or modified.

Court of Last Resort

Supreme Court: Can choose what cases to review. Reviews and has final jurisdiction.

American System=Federal System

Union of states joined under a centeral federal goverment

Federal Government: Protects the Peoples rights and liberties and acts to achieve certain ends for the common good while sharing power with the states.

1oth Amendment ties in to make sure there is a limit to power and equal distibution.

Mills v. Board of Edu. / Pennsylvania Association of Retarded Citizens v. Commonwealth of Pennsylvania/ 14th Amendment

Smith v. Robinson - Dealt with attorney fees

HCPA - Overturned Smith v. Rob. provided more rights and ability to collect attornery fees

Legislation (P.L. 94-142) Start of legisaltions based off of (PARC) to ensure proper care and provisions for qualified children for Special Education.

DCL (Dear Colleague Letter) are letters that do not add requirments to esisting laws rather inform others about how the agencies interpret the legal obligations under the law by covered entities.

DCL can be cited in hearings or court cases

Laws and cocnepts based off of previous trials and courts. Has a ripple effect on how things should be ruled. Decisions made in court set a bar for future or previous cases. Trials have the potential to make or shape new systems otherwise, will follow the same routine as old cases with a common theme.