Four Types of Law
Constitutional Law- constitution is basic law
Branches of Government
Legislative
Creates the Law
Executive
Enforces the law
Judicial
Horizontal Power
Supreme power- The judiciary has the supreme power
Judicial to Legislative
Limited power- The decision of the judical power must be interpreted by the legislative
Judicial to legislative and legislative to Judicial
Vertical Power-Works in a ladder system
Trial court to appellate of intermediate court to court of last resort
Interprets the law
Statutory Law-Congress has the authority to make the laws
Regulatory Law-Specific regulations that are implemented to the law
Case law- Laws created by the courts
Court Structure
Trial Court-First level, the case it heard and the facts of the case are determined.
intermediate appellate court, Reiews the decision of the trial court determines if the case needs to be be reversed, changed or stays the same
Court of Last Resort- Also called the supreme court, reviews the decision made by the intermediate, and trial courts.
Precedent- Courts follow the decisions of other courts that had a similar case to the one they are reviewing
Controlling authority- Lower courts can not make different/opposing decisions from the higher courts
Persuasive authority- Courts are not obligated to follow the decision set by the precedent, by they are persuaded by the precedent
Holding- Controls the lower courts decisions
Dicta- they do not control the decision but they persuade it
Opinion- The Judges statement about the case and ruling
Concurring opinion-when the judge agree with the ruling but not the evidence to support the ruling
dissenting opinion- Judge does not agree with the ruling/majority
Interpretations
The Law and Special Education
Mills V. Board of Education
PARC V. Commonwealth of Pennsylvania
Smith V. Robinson