Ch 1 Study

Hierarchy of the federal court system

1. United States District Court

2. US Court of Appeals

3. US Supreme Court

What is federalism?

Linkage of the American people and communities.

What is the Federal Government?

Protects the rights of the people, while also sharing the power with the states.

Using prior Court cases to make a ruling on a current case. This takes "precedence" over any other ruling because it has been done in previous cases.

I looked up some information about SPED cases and precedence and came across a website full of SPED cases that showed both 1. Appeals and 2. Decisions. Here's the website: https://specialeducationlawyernj.com/special-education-law/landmark-cases-in-special-education-law/

After a holding and dicta, there will be opinions of judicial matter

Concurring Opinion:

A judge agrees on a ruling, but not the reasoning behind it.

Dissenting opinion:

Statement that explains why the judge doesn't agree

Horizontal Power

Judicial power ---> Legislative power (supreme power)

Judicial power -----> <-------Legislative power (limited power)

Vertical Power:

1. Trial court

2. Appellate of Intermediate Court

3. Court of Last Resort.

Constitutional Law

Basic source of law in our legal system

Allocates responsibility among the legislative, judicial, and Executive branches of government. It defines their separation of powers.

Statutory Law

Passed of enacted on by statues (I'm a bill)

How does a Bill become a Law?:

1. introduced in Senate and in House of Reps

2. Referred to Committee

3. Referred to Sub-committee

4. Reported by full committee

5. Both house and senate debate and vote

6. Goes to Conference committee, and if it passes in both

goes to president and can be passed, or vetoed .

If 2/3 pass it becomes a law

Regulatory Law

Specific regulations for laws created by the administrative agencies.

Case Law

Published opinions of Judges of cases where there were specific regulations and statues, etc.

Branches of government:

Executive: enforces the law

Judicial Branch: creates law

Legislative: interprets the law

1. individuals with Disabilities Act helped by the Federal Government through Categorial Grants

2. Every Student Succeeds Act (Statutory law).

3. Smith vs. Robinson (handicap children) supreme courts decision.

The 14th Amendment passed 3 SPED laws: Mill's vs. Board of Education, Pennsylvania Association of Retarted Citizens, and Common Wealth of Pennsylvania.

The Cycle of SPED Law:

Litigation: Own insight-- I looked up litigation cause I didn't understand it completely. The definition of litigation is: The process of taking legal action.

Following Litigation is Legislation which is: Legislation: Own insight -- I looked up Legislation to help me define, and it said, "laws considered collectively", so in a way this is similar to precedence.

The cycle continues