Stare decisis

these factors are relevant. The first factor, the state of the legal rules that the Court interprets, means that justices must interpret existing laws and we see this in Casey v. Planned Parenthood. The majority opinion adheres to the rule of stare decisis and this case upheld the Court’s prior ruling in Roe v. Wade. Each Justice, in his or her own way, interpreted past laws and cases to make their decision. The second factor, the justices’ personal views, is very surprising in this certain case…

EXPLAIN THE MAIN DIFFERENCES BETWEEN THE LEGAL SYSTEM OF ENGLAND AND WALES AND THOSE OF CIVIL LAW COUNTRIES AND EXPLAIN THE MERITS AND PROBLEMS OF THESE LEGAL SYSTEMS A HISTORY OF TWO TYPES OF LAW The two main systems of law in the world today are common law and civil law. The system used in England and Wales is common law which has an evolving history dating from the Norman conquest of England in 1066 and the local customs of the Anglo-Saxons. English common law spread throughout the world…

The judicial role of determining constitutionality looks like a seemingly simple process: the judge, an important part of the separation of powers, determines whether a law is in accordance with the constitution or not. In reality, the responsibility of the judicial system is far from that generalized perspective, and this is where the great debate begins. When interpreting the constitution, there are two distantly polar ways of reading it. There are originalists (Scalia and Bork) who contend…

Do interest groups allow greater representation for citizens or do they inevitably allow small well organized groups to prosper at the expense of everyone who pays taxes? - They allow greater representation for particular causes, not for citizens. And yes, they do often work with politicians to win favors at the expense of taxpayers. 5. Name two sources of interest group power and explain how an interest group lobbyist could use those powers to gain influence over government…

There are roughly _4000_ political action committees (PACs) in the United States. Congress's strength as a policymaking institution includes its ability to represent a wide range of interests, capacity for compromise and negotiation, responsiveness to local interests. Economic groups have an advantage over non-economic groups because they have greater access to financial resources About 90% percent of all PAC contributions go to the incumbents. According to James Madison, the source of most…

areas of the economy it is not acceptable to answer the question, ‘Why is it done this way?” with ‘We’ve always done it that way.’ In law, that is not only an acceptable answer, it is the best and most basic answer. A lifetime of training in stare decisis, precedent, and the common law system actually dictates that answer.” [page 175] As a result, “[c]hange has been very slow and frequently dictated by outside forces.” [page…

Judicial review Def: This is the power of the court to rule on the constitutionality of laws. This power was established in the case of Marbury vs. Madison Sig: This allows the court to declare a law constitutional or unconstitutional, this gives the court more power Appellate courts Def: These courts are responsible for hearing and reviewing appeals that have been tried in other or lower-level courts Sig: They will determine if a trial or lower court correctly applied the law. Jurisdiction…

On September 17th of 1787, a group of men to whom we call “The Founding Fathers,” wrote one of the most famous documents; The United States Constitution. The goal when writing the constitution was to help better American lives by creating a set of Ten Amendments that grant basic rights to all citizens. The Founding Fathers essentially took pieces out of other famous documents like those of The Magna Carta (1215), The English Bill of Rights (1689), and The Virginia Statute of Religious Freedom…

Campaign Finance and the Supreme Court In 1974 Congress passed (and then President Ford signed) a set of Amendments to the Federal Election Campaign Act of 1971. These amendments included prohibiting individuals from donating over a specific amount of money ($1000) to any one campaign, and limited the total contributions to $25,000 for all federal campaigns combined. The amendments also included limiting the amount of money that a candidate could contribute and spend on their own campaign and…

International/Public law concerns the laws effecting inter-state relationships and state/international institutions; such as the United Nations; as in Treaty of Rome 1957 . Institutions create international law such as the ECHR . National law deals with issues only within its own jurisdiction. International law is consensual – 47 states have currently signed the ECHR. National law makes binding precedent based on its own constitution and legal system. International law is also still relatively…