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The Difference Between Legislation and Case Law

In: Other Topics

Submitted By judgenjurysherry
Words 409
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QUESTIONS
1. The case study references one state statute. Identify it and explain what it prohibits.

Tex. Penal Code §42.09(a)(3) It prohibits the “desecration of a venerable object” (Case Study)
2. Which branch of government (executive, judicial, or legislative) created the state statute?
The Legislative branch of the government created the state statute.

3. The passage above also discusses one court case. Who were the parties involved in the case?

The parties involved in this case were the State of Texas and Gregory Johnson.

4. The case was heard by three lower courts before it reached the United States Supreme Court. List those three courts in order, beginning with the court that has the most authority and ending with the court that has the least amount of authority. United States Supreme Court, Texas Court of Appeals, Fifth District,
Dallas County Criminal Court

5. Provide the citation for the United States Supreme Court’s decision in this case.

Texas v. Johnson, 491 U.S. 397 (1989).
6. What effect did the United States Supreme Court’s decision have on the Texas statute?

The United States Supreme Court struck down the statute, stating it violated the First Amendment of the Constitution.

Legislation enacts statutes. Statutes are passed laws. Some statutes are “new law” and some “supersede or adopt common laws” (Yelin, Samborn, 2012). Codification occurs when the Legislative branch of the government “adopts a common law” (Yelin, Samborn, 2012). Statutory law has priority over case law. The course book stated, “Statutes and the U.S. Constitution comprise one body of law called enacted law” (Yelin, Samborn, 2006). In the balance of power in the U.S system, courts may declare Statutes to be unconstitutional if they violate the provisions of the constitution, which “invalidates” the law (Yelin, Samborn, 2006). Courts…...

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