PA205 Douglas Kaye Unit 1 assignment

The three courts in order of most to least powerful

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most authority and ending with the court that has the least amount of authority. The three courts in order of most to least powerful are The Texas Court of Criminal Appeals, The Texas State Court of Appeals and District Court, where the case would have been heard first. 5. Provide the citation for the United States Supreme Court’s decision in this case. Texas v. Johnson, 491 US 397 (1989) 6. What effect did the United States Supreme Court’s decision have on the Texas statute? The statute did not meet the States’ goal of preventing breaches of peace; the narrowly drawn statute only encompasses flag burning that would result in a serious disturbance, but they have another statute to prevent disturbance of the peace already, which means they do not need to punish the act of flag burning. The statute is unconstitutional. 7. Write 1-2 paragraphs explaining the difference between case law (like the court cases above) and statutory law (like the state statute above). Focus your discussion on how case law and statutes are created, the weight of their authority, and how they can be amended or changed. Statutory law is above that of case law. Case law is used to interpret statutory law. Case law can be overturned in the process of interpretation and applying of statutory law, statutory law can only be amended, it cannot be overturned. Case law is written by judges for specific cases and then precedence is set for future cases, statutes are written by lawmakers. Courts can establish new laws via Case law, when no statutes exist or in the course of interpreting statutes. When analyzing laws, view statutes first, and then apply case law to interpret the statute. REFERENCES: Kaplan University (2010). Research for legal professionals.
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