Unit 2_ Final Part 1_ Eric Ortiz.docx

After being passed the new bill is recorded into the

Info icon This preview shows pages 2–4. Sign up to view the full content.

After being passed, the new bill is recorded into The US Code where it can be amended or repealed [Sul07]. The next source of primary law is administrative law which is a body of law that is passed by the various command agencies such as the Food and Drug Administration and the Environmental Protection agencies. More often than not, the legislation that establishes an administration doesn’t contain a specific set of procedures to follow, because there is already a set of statutory laws that govern the manner in which the agency operates, the Administrative Procedure Act of 1946 [Fox00]. These administrative laws are then codified into the Code of Federal Regulations. The last, but definitely not the least important, source of primary law is case law which includes common law doctrines. While constitutional law can be considered the foundation of law in America, case law can be looked at as the roof. Whenever there is a question about the interpretation of any of the other sources of law, case law is referenced. For example, whenever a conviction is appealed, the case is given to a state or federal Supreme Court in order to determine if a court decision was unconstitutional. This type of judicial review is the most common form of case law. Another way to look at case law is to think of it as a filler for “the gaps left open by the statue book.” [And08] In the case of the Lucky Horseshoe, the source of law that that will be referred to in regards to the ruling of this case will be case law. While the US constitution only outlines the right to freedom of expression, and most states only deal with harassment that involves threats of violence, the California Supreme Court, through the appeals process, ruled on a case very similar to this in 2007. The California Supreme Court ruled that the defendant made defamatory remarks towards the business and the business’s owners, and imposed an injunction that had three different demands: The defendant was barred from initiating contact with employees of the plaintiff, making defamatory statements about the plaintiff, and filming within 25 feet of the plaintiff’s place of business. Upon appeals, the first two mandates were repealed, keeping only the mandate that the defendant was not able to film within 25 feet of the plaintiff’s place of business. There are multiple explanations available as to why these injunctions were repealed, but the main reason is for the fact that the verbiage of the injunctions was too broad, and the enforcement of that injunction would have been a violation of the defendant’s constitutional rights [Bal07]. 2
Image of page 2

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

While the US constitution doesn’t explicitly protect citizens against civil harassment, each state protects its citizens from civil harassment, particularly slander, in different manners. For example, The Texas Civil Practice and Remedies Code protects citizens against statements that “injure a living person’s reputation and thereby expose the person to public hatred, contempt, or ridicule, or financial injury or to impeach any person’s honesty, integrity, virtue, or reputation.” [Tex01] The owner of the
Image of page 3
Image of page 4
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern