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The Law and Special Education

Fifth Edition

Chapter 1

Introduction to the American Legal System

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Learning Objectives

1.1 Describe federalism and how it underlies our system of laws.

1.2 Describe the four sources of law: constitutional law, statutory law, regulatory law, and case law.

1.3 Describe how law is created in the federal system.

1.4 Describe the hierarchy of the federal court system.

1.5 Describe precedence and its importance in the court system.

1.6 Describe the parts of a judicial opinion.

1.7 Describe the evolution of special education law.

Introduction

[Laws are] rules of civil conduct prescribed by the state . . . commanding what is right and prohibiting what is wrong.

-Blackstone (1748)

How the Legal System Works

Federalism

The Sources of Law

Federal System	State System
U.S. Constitution	State Constitutions
Federal Statutes	State Statutes
Federal Regulations	State Regulations
Federal Courts	State Courts

U.S. Constitution (10th Amendment)

Federal government has only the powers granted to it in the constitution

The states have all powers not granted to the federal government

Education, which is not mentioned in the U.S. Constitution, is a power granted to the states

The Branches of Government

Statutes

Laws written by federal or state legislatures and signed by President or Governor

Statutes are general policy framework

State laws may go beyond federal laws as long as they don not conflict or offer less

Regulations

Legislatures delegate power to administrative agencies to develop regulations

Rules & regulations add detail

Guidelines are often issued to clarify laws

The Flow of Federal Law Interpretations

The Vertical Power of the Courts

The Federal Court System

The Federal Judicial Circuits

Stare Decisis or Precedent

Controlling Authority

A decision by a higher court controls the disposition of lower courts in the same jurisdiction.

Persuasive Authority

Another type of authority may come from a court that is not controlling (e.g., a court in a different jurisdiction).

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

Judicial Opinions

Opinion: The ruling of the court and the court’s reasoning for arriving at the decision. 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.

Holding: The holding of the case is the actual ruling on a point or points of law.

Dicta (Plural of dictum): Judicial comments on reasoning for a court’s holding.

Types of Court Opinions

Main Opinion: The ruling of the court and the court’s reasoning for arriving at the decision.

Concurring opinion: A 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: A dissent is a statement of a judge or justice who does not agree with the results reached by the majority.

The Evolution of Law

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