law Chapter 1 Flashcards
Order of statutory law process
- law enacted
- name and number given as Public Law
- published in the U.S. Statues at Large at the end of the congressional session
- codified by topic in the United States Code
Finds facts in a case and applies ruling through a jury
Trial Courts
Scrutinizes a select number of decisions of an earlier court
Court of Last Resort/ Supreme Court
Stare Decisis
Following a precedent (standing by things decided)
Scrutinizes all decisions of an earlier court
Appellate Court
Dear Colleague Letter DCL
Provides guidance on how to interpret the law
3 agencies that create regulatory law for special education?
OSERS- Office of Special Education and Rehabilitative Services
OSEP- Office of Special Education Programs
OCR- The Office of Civil Rights
States are required to follow federal statutes and regulations on education…
If they want to use the money associated with the statues.
Controlling Authority
A decision by a higher court in the same jurisdiction
The holding of a case
The ruling of the Supreme Court
Persuasive Authority
A decision by a court in a different jurisdiction
A dissenting opinion of a Supreme Court Justice
The dicta of a case points of law
The 14th Amendment to the US Constitution is significant to SpEd because…
it in essence tells states they have to treat each person equally and not apply laws differently
OSERS
Office of Special Education and Rehabilitative Services
OSEP
Office of Special Education Programs
OCR
The Office of Civil Rights
shares the power of government with the states
Federalism
the four sources of law
constitutional law, statutory law, regulatory law, and case law
precedence and its importance in the court system
Courts are expected to follow the decisions of courts in similar cases
Opinion:
A written opinion typically contains a summary of the case, a statement of the facts, an explanation of the court’s reasoning, and a record of the decision
concurring opinion
is written when a judge (or judges) agrees with the majority of the court on the ruling but does not agree with the reasoning used to support the ruling.
dissenting opinion
dissenting opinion is a statement of a judge or justice who does not agree with the results reached by the majority.
Dissents
are used to persuade opinion or appeal
Development of a Law is
cyclical
1972
recognized the right to a special education for children with disabilities
Supreme power
act as the ultimate interpreter of the Constitution.
limited Power - Legislature
power is limited because the legislature has the final say as to the content of the law.
Level 1 court
Trial/ District
how many district courts
100
level 2 court
Appellate Court
How many appellate courts
13
What states are in district 10
Utah Arizona New Mexico Colorado and Wyoming
What is persuasive authority:
A court is not bound to follow the precedent but does so because it is persuaded by the decision
What is a dicta
Judicial comments or opinions
What is a holding
law points that control decisions
