1. 1 The American Legal System Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

2. 2 The American Legal System Federalism The U.S. Constitution –The basic source of all law –Federal and state constitutions Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

3. 3 Constitutional Principles -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 Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

4. 4 Sources of Law Constitution Cases Statutes Regulations Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

5. 5 Legislative Judicial Executive Creates Law Enforces Law Branches of Government Interprets Law Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

6. 6 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’t conflict Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

7. 7 Figure 1.3: Creation of Law in the American Legal System Introduced in House Referred to Committee Referred to Subcommittee Reported by Full Committee House Debate Vote on Bill Conference Committee If bill passes both houses Introduced in Senate Referred to Committee Referred to Subcommittee Reported by Full Committee Senate Debate Vote on Bill Bill sent to President Vetoes bill; if Congress overrides veto, the bill becomes law Signs bill Becomes law Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

8. 8 Regulations Legislatures delegate power to administrative agencies to develop regulations Rules and regulations add detail Guidelines are often issued to clarify laws Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

9. 9 Department of Education Office of Special Education and Rehabilitative Services (OSERS) Office of Special Education Programs (OSEP) Office of Civil Rights (OCR) Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

10. 10 Case Law The published opinions of judges that arise from court cases where they interpret statutes, regulations, and constitutional provisions Legal system depends on these decisions and the precedents they establish Stare Decisis (Precedence) –Controlling and persuasive authority Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

11. 11 The Federal Court System United States Supreme Court United States Courts of Appeals –13 circuit courts Federal District Courts –98 district courts Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

12. 12 Federal Court System United States Supreme Court United States Courts of Appeals United States District Courts Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

13. 13 Figure 1.4: The Horizontal Power of the Courts Horizontal Power of the Courts Supreme Power JudicialLegislative When court acts as the interpreter of the U.S. Constitution, it are virtually supreme Limited Power JudicialLegislative When the courts interpret the laws created by the legislative branch, the legislature may change or alter the law or write another law if they disagree with the court’s interpretation Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

14. 14 Vertical Power Court of Last Resort Appellate or Intermediate Court Trial Court Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

15. 15 The U.S. Courts of Appeal 1st2nd3rd4th5th6th7th8th9th10th11thDCFED MECTDEMDLAKYILARAKCOALDC FED MANYNJSCMSOHINIAAZKSGA NHVTPANCTXMIWIMNCANMFL RIVATEMOHIOK WVNEIDUT NDMTWY SDNV OR WA Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

16. 16 Legislation (The HCPA, 1986) Legislation (The HCPA, 1986) Legislation (EAHCA, 1975) Legislation (EAHCA, 1975) Litigation (PARC v. PA, 1972; Mills v. DC, 1972) Litigation (PARC v. PA, 1972; Mills v. DC, 1972) Litigation (Smith v. Robinson, 1984) Litigation (Smith v. Robinson, 1984) Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved