ERIC Number: ED073612
Record Type: RIE
Publication Date: 1973
Reference Count: 0
Legal Change for the Handicapped through Litigation.
Abeson, Alan, Ed.
The booklet prepared by the State-Federal Information Clearinghouse of the Council for Exceptional Children uses data from pending and completed court cases to explain how to employ litigation to achieve positive change for the handicapped. Situations in which litigation is thought to have been appropriate and useful are instanced. The following 16 preliminary considerations for persons wishing to instigate litigation are discussed: causes of legal action, legally protected interests or rights, legal approaches for bringing a lawsuit, authority to bring suit, participation by individuals who have not been personally injured, kinds of relief granted by court decisions, determining who to sue, private actions, class actions, completing the litigation process, and choosing a lawyer. Explained are the different court systems (federal courts, state courts, district courts, appeals courts, and supreme courts) and the abstention doctrine which enables federal court judges to refuse to hear cases which are thought to be the responsibility of state courts. Preparation for the trial is discussed in terms of complaints, pleadings, answers, defenses, replies, amendments, motions, discovery, expert witnesses, and the roles that experts may serve in the litigation process. Also explained are trial by jury, the actual steps of a trial, conditions creating the necessity for an appeal, the nature of the appeal, legal precedent, and determinants of the merit of court decisions. Litigation expenses and difficulties in implementing court decisions are noted. (GW)
Descriptors: Civil Rights, Court Litigation, Exceptional Child Education, Guidelines, Handicapped Children, Legal Problems, Legal Responsibility
Council for Exceptional Children, 1411 S. Jefferson Davis Highway, Suite 900, Arlington, Virginia 22202
Publication Type: N/A
Education Level: N/A
Sponsor: Bureau of Education for the Handicapped (DHEW/OE), Washington, DC.
Authoring Institution: State-Federal Information Clearinghouse for Exceptional Children, Reston, VA.