Law

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American Legal System (Chapter one)

door Addison Gardner

American Legal System

door Alexandria Johnson

Spec Ed 1

door Deanna Williams

Ch 1 Study

door Katlyn Hatch

Law

Conflict is present everywhere in the world around us. We experience conflict on a daily basis, and it can be minor or major.

Conflict in a story is a struggle between opposing forces. Characters must act to confront those forces and there is where conflict is born. If there is nothing to overcome, there is no story. Conflict in a story creates and drives the plot forward.

Parts of the Judical system

In this type of conflict, a character must take on society itself, and not a single person. The character stands at odds with societal norms and realizes the necessity to work against these norms. This is an external conflict.

Subtopic

Precedent

Follow rules of other courts decisions unless they feel like a change is needed.

Opinion

States the ruling of the court and why they made thier decision

Holding & Dicta

Holding: decisions that control the decisions of lower courts Dicta: Judical opionion

Vertical Power

Give examples of man versus society conflict in the real world.

Court of last resort 1% of cases

appelate of intermediate court 12 judeges- 3 hear the case

trial court/ District court

supreme court

Judges and justices, see if they applied the law correctly

fact finding

Horizontal Power

Give examples of man versus society conflict in a literary work.

Smith vs. Robinson

IDEA

Limitied

Courts interprete legislative laws

laws can be changed or altered if disagreed with

Supreme

Court interpretes the constitution

Harder to change

Federalism and how it underlies our system of Laws

Federal Government provides grants like IDEA, to try and get states to follow certain rules, so that they can have money.

powers not granted to govt- given to states

states joined under a federal governement

Evolution of Special Education law

In this type of conflict, a character is tormented by natural forces such as storms or animals. This is also an external conflict.

Smith vs Robinson

Handicapped Children's Protection Act- Parents collect attorney's fees

PARC vs Commonwealth of Pennsylvania

Give examples of man versus nature conflict in the real world.

Mills v. Board of Education

Give examples of man versus nature conflict in a literary work.

Special Education under 14th Amendment

Sources of Law

A situation in which two characters have opposing desires or interests. The typical scenario is a conflict between the protagonist and antagonist. This is an external conflict.

Case Law

mediation

hearing

appeal

District 1 judge discovery stage

Appealate 3 judges nieghboring states pay attention

Supreme 9 judges nation/other states pay attention

courts opinions and cases that interperate statutes and regulations

Regulatory

the details of the laws or rules about the general content of the law

Statutory

Give examples of man versus man conflict in the real world.

Starts with the bill being sent to the 1st house then the 2nd house if both houses pass it it is sent to the senete. If the senate passes it goes to the President

If the president says no then it goes through process again.

Deffintion: laws passed or made by Congress and state legislatures

Constitutional

Give examples of man versus man conflict in a literary work.

States have thier own constitution: States instruct the supply of an education for thier citizens

Conditions in the constitution allow for Statutes (Federal Laws (legislation passed by congress). This is the basis for Special Education Laws (IDEA & 504) = It is upholded by the 14th Amendment

Constitutional: A-defines the fundamental rules which the american system functions B-sets guidelines for government Actions C- distributes power and responsibility among the Legislatve, Executive, and Judical branches of Government