Two kinds substantive prohibits statutes regulation and other kinds of gov

Two kinds substantive prohibits statutes regulation

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Two kinds substantive : prohibits statutes, regulation and other kinds of gov action that are arbitrary and irrational Procedural: guarantees the gov will follow fair procedures before taking certain actions against individuals or companies Required when government action is adjudicative BRANTLEY v. KUNTZ Takings Clause KELO V. CITY OF NEW LONDON CHAPTER 4 Stare Decisis: inclination of the courts to follow precedent WE MUST FOLLOW PRECEDENT IN ORDER TO HAVE A COHERENT SYSTEM Types of precedent Mandatory authority: authority originating above the trial courts. Judge must follow it Persuasive authority: higher court in other state has precedent but none in the state. Can use the decision from the other state to help you decided and persuade you, but not required to follow its ruling Flagiello v. Penn Changed the law rapidly, didn’t follow stare decisis s Ruled in favor of Falgiello Statutory Law Reasons for the existence 1. Running the gov 2. Some areas can’t be regulated by common law principles. Ex: criminal law, you need specific laws to restrict people 3. To change common law rules Requirement of Certainty All statutes are subject to the general principle of constitutional law that they can be “reasonably definite and certain” IF VAGUE, THEY DECLARE CONSTITUTIONAL
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9 “If the wording of a statute is subject to two possible but conflicting interpretations, one of which satisfies constitutional requirements and the other of which does not, the former interpretation will be accepted if the courts can reasonably do so Statutory Interpretation Plain meaning rule: the primary source of legislative intent is the language that makes up the statute itself. If the wording of an act is so clear as to dictate but one result it has plain meaning and interpretation is unnecessary Page 966-982 Obedience to Authority Acceptability heuristic: People are often more concerned about the acceptability of the decision to the person they are accountable to than the decision itself Human tendency to defer to authority Conformity Bias Most people tend to take cues as to proper behavior in most social contexts from the actions of others How much people are influenced by external situations than by internal dispositions People are more likely to partake in in unethical actions in the workplace if peers are engaging in similar behavior When Mr. Q asks a question and the first thing people do before raising their hands is look around atwhat other people are doing – this is an example of? CONFORMITY BIAS Groupthink Causes collections of people to make much different decisions than if they were acting individually Group decisions are often much more extreme than the median decision that members of the group would make alone False Consensus Effect The tendency to believe that other people think the same way that we do
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