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
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