American Legal System

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Floating topic

American Legal System

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

Interpretations

The Law and Special Education

Smith V. Robinson

PARC V. Commonwealth of Pennsylvania

Mills V. Board of Education

Court Structure

Opinion- The Judges statement about the case and ruling

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

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

Holding- Controls the lower courts decisions

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

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

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

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

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

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

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

Four Types of Law

Case law- Laws created by the courts

Regulatory Law-Specific regulations that are implemented to the law

Statutory Law-Congress has the authority to make the laws

Constitutional Law- constitution is basic law

Branches of Government

Judicial

Interprets the law

Vertical Power-Works in a ladder system

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

Horizontal Power

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

Judicial to legislative and legislative to Judicial

Supreme power- The judiciary has the supreme power

Judicial to Legislative

Executive

Enforces the law

Legislative

Creates the Law