American Legal System

Federalism- The United States practices this, the states and the federal government work together

Four Types of Law

Constitutional Law- constitution is basic law

Branches of Government

Legislative

Creates the Law

Executive

Enforces the law

Judicial

Horizontal Power

Supreme power- The judiciary has the supreme power

Judicial to Legislative

Limited power- The decision of the judical power must be interpreted by the legislative

Judicial to legislative and legislative to Judicial

Vertical Power-Works in a ladder system

Trial court to appellate of intermediate court to court of last resort

Interprets the law

Statutory Law-Congress has the authority to make the laws

Regulatory Law-Specific regulations that are implemented to the law

Case law- Laws created by the courts

Court Structure

Trial Court-First level, the case it heard and the facts of the case are determined.

intermediate appellate court, Reiews the decision of the trial court determines if the case needs to be be reversed, changed or stays the same

Court of Last Resort- Also called the supreme court, reviews the decision made by the intermediate, and trial courts.

Precedent- Courts follow the decisions of other courts that had a similar case to the one they are reviewing

Controlling authority- Lower courts can not make different/opposing decisions from the higher courts

Persuasive authority- Courts are not obligated to follow the decision set by the precedent, by they are persuaded by the precedent

Holding- Controls the lower courts decisions

Dicta- they do not control the decision but they persuade it

Opinion- The Judges statement about the case and ruling

Concurring opinion-when the judge agree with the ruling but not the evidence to support the ruling

dissenting opinion- Judge does not agree with the ruling/majority

Interpretations

The Law and Special Education

Mills V. Board of Education

PARC V. Commonwealth of Pennsylvania

Smith V. Robinson

Floating topic