Chapter 1: Introduction to the American Legal System
Test Questions
True or False
1. All states have educational mandates in their constitutions.
2. Unless an appellate court finds a procedural problem or bias in a trial court’s fact-finding
process, the facts as determined by the trial court do not change.
3. A trial court in Oregon is obligated to adhere to an appellate court’s special education ruling
that is authority in Nebraska.
4. A dissent is a statement of a judge (or judges) who does not agree with the results reached by
the majority.
5. Controlling legal authority always cuts across jurisdictional lines (e.g., a decision made by
the U.S. Court of Appeals for the Fourth Circuit will by legal binding in the eighth circuit).
6. Under the United States system of federalism, the federal government has only those powers
granted expressly by the U.S. Constitution; those powers not specifically granted to the
federal government are the province of the states.
7. Federal involvement has been minimal and, thus, an unimportant factor in the progress and
growth of education.
8. If states accept categorical grants programs, such as the Individuals with Disabilities
Education Act, the states do not need to abide by the terms and guidelines of the grant.
9. There is a federal constitutional right to an education.
10. When the Supreme Court interprets the laws created by the legislative branch, the legislature
may change or alter the law or create a new law if the members disagree with the court’s
interpretation.
Multiple Choice
1. The _____________ Amendment to the Constitution has become the legal basis for decisions
in special education.
a. 4th
b. 10th
c. 14th
d. 15th
2. The Handicapped Children’s Protection Act overturned the decision of the U.S. Supreme
Court in Smith v. Robinson, and made it possible for families to:
a. Hire in home teachers at no cost
b. Collect attorney’s fees
c. Receive daily progress reports
d. Receive in-school medical treatment for children
3. The role of the federal district court differs slightly in special education cases because:
a. The fact-finding process takes place at the administrative review process
b. The trial court takes on more of an appellate role
c. It determines if the administrative agency or due process hearing officer correctly
applied the law
d. All of the above
4. A hearing by the full court is referred to as:
a. Jurisprudence
b. En banc
c. A precedential hearing
d. Gatherus supremeus
5. A judge’s written opinion usually contains:
a. A summary of the case and a statement of the facts
b. In situations in which the court does not follow the law, an explanation of why the
court too this action.
c. An explanation of the court’s reasoning and a record of the decision
d. Both one and three
6. Which of the following does not have the force of law?
a. U.S. Supreme Court decisions
b. Federal regulations
c. Federal statutes
d. Federally issued guidelines
7.
The ability of a well reasoned court decision to influence decisions of courts in different
jurisdictions is
a. persuasive authority.
b. probative value.
c. controlling authority.
d. none of the above
8. Which of the following administrative agencies monitors LEA and SEA compliance with the
IDEA? a. The Office of Special Education Programs (OSEP) in the U.S. Department of
Education.
b. The Office of Civil Rights (OCR) in the U.S. Department of Education
c. The Office of Civil Rights (OCR) in the U.S. Department of Justice
d. The Institute of Educational Research Science (IES) in the U.S. Department of
Education.
9. Which of the following administrative agencies monitors compliance with Section 504 of the
Rehabilitation Act?
a. The Office of Special Education Programs (OSEP)
b. The Office of Civil Rights (OCR) of the Department of Education
c. The Office of Civil Rights (OCR) of the Department of Justice
d. The Institute of Educational Research Science (IES)
10. Which of the following levels of courts has the power to deny appeals?
a. Trial Court
b. Intermediate or Appellate Court
c. Court of Last Resort
d. Both b & c
Short Answer
1. Why did the authors of the Constitution choose not to address the area of education?
2. The federal government gives indirect assistance to education through categorical grants.
What are the two main purposes for categorical grants?
3. Why is it important to know within which jurisdiction a particular decision occurs?
4. Name at least two major differences between a trial court and an appellate court?
5. Describe what it means when a judge makes a concurring opinion.
6. What is the basic or primary source of law in the United States?
7. The American system is a federal system. Explain federalism.
8. Describe the two sources of judicial power.
9. Explain controlling and persuasive authority.
10. How many federal appellate courts are there in the United States? In which circuit do you
live?
Essay
1. There are four major sources of law in the United States. Explain these sources.
2. Explain the three generic levels of courts in the United States. How are these level reflected
in the federal judiciary? What are the functions of these courts? What is their hierarchy from
least to most powerful? What are their primary responsibilities?
3. Explain the litigation/legislative cycle and give an example of how it applies to special
education.
Test Bank Answer Key
Chapter 1: Introduction to the American Legal System