law Chapter 1

Question 1

Order of statutory law process

Answer 1

• 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

Question 2

Finds facts in a case and applies ruling through a jury

Answer 2

Trial Courts

Question 3

Scrutinizes a select number of decisions of an earlier court

Answer 3

Court of Last Resort/ Supreme Court

Question 4

Stare Decisis

Answer 4

Following a precedent (standing by things decided)

Question 5

Scrutinizes all decisions of an earlier court

Answer 5

Appellate Court

Question 6

Dear Colleague Letter DCL

Answer 6

Provides guidance on how to interpret the law

Question 7

3 agencies that create regulatory law for special education?

Answer 7

OSERS- Office of Special Education and Rehabilitative Services
OSEP- Office of Special Education Programs
OCR- The Office of Civil Rights

Question 8

States are required to follow federal statutes and regulations on education…

Answer 8

If they want to use the money associated with the statues.

Question 9

Controlling Authority

Answer 9

A decision by a higher court in the same jurisdiction
The holding of a case
The ruling of the Supreme Court

Question 10

Persuasive Authority

Answer 10

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

Question 11

The 14th Amendment to the US Constitution is significant to SpEd because…

Answer 11

it in essence tells states they have to treat each person equally and not apply laws differently

Question 12

OSERS

Answer 12

Office of Special Education and Rehabilitative Services

Question 13

OSEP

Answer 13

Office of Special Education Programs

Question 14

OCR

Answer 14

The Office of Civil Rights

Question 15

shares the power of government with the states

Answer 15

Federalism

Question 16

the four sources of law

Answer 16

constitutional law, statutory law, regulatory law, and case law

Question 17

precedence and its importance in the court system

Answer 17

Courts are expected to follow the decisions of courts in similar cases

Question 18

Opinion:

Answer 18

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

Question 19

concurring opinion

Answer 19

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.

Question 20

dissenting opinion

Answer 20

dissenting opinion is a statement of a judge or justice who does not agree with the results reached by the majority.

Question 21

Dissents

Answer 21

are used to persuade opinion or appeal

Question 22

Development of a Law is

Answer 22

cyclical

Question 23

1972

Answer 23

recognized the right to a special education for children with disabilities

Question 24

Supreme power

Answer 24

act as the ultimate interpreter of the Constitution.

Question 25

limited Power - Legislature

Answer 25

power is limited because the legislature has the final say as to the content of the law.

Question 26

Level 1 court

Answer 26

Trial/ District

Question 27

how many district courts

Answer 27

100

Question 28

level 2 court

Answer 28

Appellate Court

Question 29

How many appellate courts

Answer 29

13

Question 30

What states are in district 10

Answer 30

Utah Arizona New Mexico Colorado and Wyoming

Question 31

What is persuasive authority:

Answer 31

A court is not bound to follow the precedent but does so because it is persuaded by the decision

Question 32

What is a dicta

Answer 32

Judicial comments or opinions

Question 33

What is a holding

Answer 33

law points that control decisions