RetiredGySgt
Diamond Member
I have a couple people on another thread INSISTING that Courts not Congress make laws. Who agrees with that?
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YesI have a couple people on another thread INSISTING that Courts not Congress make laws. Who agrees with that?
I have a couple people on another thread INSISTING that Courts not Congress make laws. Who agrees with that?
When courts do it is called Case Law.
When courts do it is called Case Law.
Statute law takes legal precedence over both case and common law.
When courts do it is called Case Law.
Statute law takes legal precedence over both case and common law.
No they don't... Case Law is almost always created when it is found that a statutory law violates a person's Constitutional rights. Therefore, when the court overrules the statutory law as unconstitutional, the decision sets case law that prevents the same statutory law from being used again.
I have a couple people on another thread INSISTING that Courts not Congress make laws. Who agrees with that?
When courts do it is called Case Law.
Statute law takes legal precedence over both case and common law.
No they don't... Case Law is almost always created when it is found that a statutory law violates a person's Constitutional rights. Therefore, when the court overrules the statutory law as unconstitutional, the decision sets case law that prevents the same statutory law from being used again.
A statute which has been deemed unconstitutional by a court of competent jurisdiction can no longer be enforced. That’s another example of common law superseding statutory law, though, there, the court is relying in large part on the Constitution in question (either the federal Constitution, or a state’s Constitution) for the rules of decision.
In this case, the Constitution is statute law and the court is using one statute law to strike down another.
When courts do it is called Case Law.
Statute law takes legal precedence over both case and common law.
No they don't... Case Law is almost always created when it is found that a statutory law violates a person's Constitutional rights. Therefore, when the court overrules the statutory law as unconstitutional, the decision sets case law that prevents the same statutory law from being used again.
A statute which has been deemed unconstitutional by a court of competent jurisdiction can no longer be enforced. That’s another example of common law superseding statutory law, though, there, the court is relying in large part on the Constitution in question (either the federal Constitution, or a state’s Constitution) for the rules of decision.
In this case, the Constitution is statute law and the court is using one statute law to strike down another.
Courts do not make Statutory Law. What you just posted said that the court struck down statutory law saying it was unconstitutional, and therefore could no longer be enforced.
FYI "Common Law" is another name for Case Law, NOT statutory law.
"Case Law, often used interchangeably with the term Common Law, refers to the precedents and authority set by previous court rulings, judicial decisions and administrative legal findings or rulings. This is one of the main categories of law, with constitutional law, statutory law and regulatory law. "
When courts do it is called Case Law.
Statute law takes legal precedence over both case and common law.
No they don't... Case Law is almost always created when it is found that a statutory law violates a person's Constitutional rights. Therefore, when the court overrules the statutory law as unconstitutional, the decision sets case law that prevents the same statutory law from being used again.
A statute which has been deemed unconstitutional by a court of competent jurisdiction can no longer be enforced. That’s another example of common law superseding statutory law, though, there, the court is relying in large part on the Constitution in question (either the federal Constitution, or a state’s Constitution) for the rules of decision.
In this case, the Constitution is statute law and the court is using one statute law to strike down another.
Courts do not make Statutory Law. What you just posted said that the court struck down statutory law saying it was unconstitutional, and therefore could no longer be enforced.
FYI "Common Law" is another name for Case Law, NOT statutory law.
"Case Law, often used interchangeably with the term Common Law, refers to the precedents and authority set by previous court rulings, judicial decisions and administrative legal findings or rulings. This is one of the main categories of law, with constitutional law, statutory law and regulatory law. "
Yes, case law and common law are interchangeable terms. I never implied otherwise.
The Constitution (Federal or State) is statute law. If a judge strikes down any law as Unconstitutional, he (or she) is using a statute law to strike down another statute law in opposition to it. They aren't creating statute law, they are relying on previous statute law (i.e. The Constitution).
For any statute created by a legislature that would override any precept of The Constitution, that precept would have to be repealed from The Constitution.