Distinguish between the facts of a case and the relevant laws of a case. Discuss the three main sources of laws.
What will be an ideal response?
The legal constraints on a court when hearing a case fall into two categories-the facts and the laws. The facts are the relevant circumstances of the particular case. The laws are the rules that apply in such instances. The laws can come from three sources. The first is the Constitution. The courts respect the purpose and intent of the Constitution and strive for reasonable interpretations of its provisions. The second is legislative statutes: the federal courts are constrained by statutes and by administrative regulations derived from the provisions of statutes. Most federal cases the courts adjudicate arise under statutory law (enacted by Congress) and administrative regulations (developed by the bureaucracy from statutory provisions). The third is interpretation of precedent, or stare decisis. Precedent is a legal principle developed through earlier court decisions. This principal states that a court's decision on a case should be consistent with previous rulings.
You might also like to view...
After both the Civil War and World War II, national government expenditures declined from their wartime peaks but remained significantly higher than prewar levels
Indicate whether the statement is true or false.
Which of the following is NOT a dimension of security outlined in the textbook?
A) Economic B) Human C) International D) Militaristic E) National
The Holocaust during World War II claimed approximately how many Jewish lives?
a. 13 million b. 2 million c. 6 million d. 10 million
How did stewardship theory affect the way in which the powers of the presidency were understood?
A) It recast the relationship between the president and the Constitution by maintaining that where the Constitution was silent, the president was free to do as he chose. B) It recast the relationship between Congress and the president by maintaining that it was the president's responsibility to protect the political interests of Congress. C) It recast the relationship between Congress and the Constitution by maintaining that it was Congress's responsibility to act as the sole guardian of the national interest. D) It recast the relationship between the Constitution and the president by maintaining that the Constitution specifically empowered the president to act in the public interest.