1answer.
Ask question
Login Signup
Ask question
All categories
  • English
  • Mathematics
  • Social Studies
  • Business
  • History
  • Health
  • Geography
  • Biology
  • Physics
  • Chemistry
  • Computers and Technology
  • Arts
  • World Languages
  • Spanish
  • French
  • German
  • Advanced Placement (AP)
  • SAT
  • Medicine
  • Law
  • Engineering
Sphinxa [80]
3 years ago
15

Should U.S. courts continue to adhere to this common law principle, given that our government now regulates so many areas by sta

tute?
Law
1 answer:
weqwewe [10]3 years ago
6 0

Answer:

The court should stick to statutory language. These days common law is being turned into statutory law.

Explanation:

The U.S. legal system were set up based on the common law, which adhered to the precedents of earlier cases as sources of law. This principle is known as stare decisis. Under stare decisis, once a court has answered the question, the same question in other cases must draw out from the same court or lower court the same response in that jurisdiction.

Stare decisis is a doctrine which has always been a major part of the common law, court should follow precedents when they established clearly, expected under compelling reasons. The doctrine of stare decisis will remain valid even more common law is being turned into statutory law. After all, statutes have to be interpreted by the courts.

There is certainly less common law governing like environmental law than there was 100 years ago. The federal and state governments are increasingly regulating the aspects of commercial transaction between merchants and consumers, when disputes arise may be the courts should stick to statutory language.

You might be interested in
What English documents helped established the American Colonies system of Government and explain what was taken from each?
krok68 [10]

Answer:

American colonies, also called thirteen colonies or colonial America, the 13 British colonies that were established during the 17th and early 18th centuries in what is now a part of the eastern United States. The colonies grew both geographically along the Atlantic coast and westward and numerically to 13 from the time of their founding to the American Revolution (1775–81).

3 0
2 years ago
How does discrimination and population impact a country’s ability to develop?
iragen [17]

Answer:

Discrimination affects people's opportunities, their well-being, and their sense of agency.

Explanation:

Persistent exposure to discrimination can lead individuals to internalize the prejudice or stigma that is directed against them, manifesting in shame, low self-esteem, fear and stress, as well as poor health. Thatś why it would impact our country's development.

4 0
3 years ago
What does the Supreme Court have the power to do?
Ipatiy [6.2K]

Answer:

A lot!

Explanation:

Supreme Court Background

Article III of the Constitution establishes the federal judiciary. Article III, Section I states that "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." Although the Constitution establishes the Supreme Court, it permits Congress to decide how to organize it. Congress first exercised this power in the Judiciary Act of 1789. This Act created a Supreme Court with six justices. It also established the lower federal court system.

The Justices

Over the years, various Acts of Congress have altered the number of seats on the Supreme Court, from a low of five to a high of 10. Shortly after the Civil War, the number of seats on the Court was fixed at nine. Today, there is one Chief Justice and eight Associate Justices of the United States Supreme Court. Like all federal judges, justices are appointed by the President and are confirmed by the Senate. They, typically, hold office for life. The salaries of the justices cannot be decreased during their term of office. These restrictions are meant to protect the independence of the judiciary from the political branches of government.

The Court's Jurisdiction

Article III, Section II of the Constitution establishes the jurisdiction (legal ability to hear a case) of the Supreme Court. The Court has original jurisdiction (a case is tried before the Court) over certain cases, e.g., suits between two or more states and/or cases involving ambassadors and other public ministers. The Court has appellate jurisdiction (the Court can hear the case on appeal) on almost any other case that involves a point of constitutional and/or federal law. Some examples include cases to which the United States is a party, cases involving Treaties, and cases involving ships on the high seas and navigable waterways (admiralty cases).

Cases

When exercising its appellate jurisdiction, the Court, with a few exceptions, does not have to hear a case. The Certiorari Act of 1925 gives the Court the discretion to decide whether or not to do so. In a petition for a writ of certiorari, a party asks the Court to review its case. The Supreme Court agrees to hear about 100-150 of the more than 7,000 cases that it is asked to review each year.

Judicial Review

The best-known power of the Supreme Court is judicial review, or the ability of the Court to declare a Legislative or Executive act in violation of the Constitution, is not found within the text of the Constitution itself. The Court established this doctrine in the case of Marbury v. Madison (1803).

In this case, the Court had to decide whether an Act of Congress or the Constitution was the supreme law of the land. The Judiciary Act of 1789 gave the Supreme Court original jurisdiction to issue writs of mandamus (legal orders compelling government officials to act in accordance with the law). A suit was brought under this Act, but the Supreme Court noted that the Constitution did not permit the Court to have original jurisdiction in this matter. Since Article VI of the Constitution establishes the Constitution as the Supreme Law of the Land, the Court held that an Act of Congress that is contrary to the Constitution could not stand. In subsequent cases, the Court also established its authority to strike down state laws found to be in violation of the Constitution.

Before the passage of the Fourteenth Amendment (1869), the provisions of the Bill of Rights were only applicable to the federal government. After the Amendment's passage, the Supreme Court began ruling that most of its provisions were applicable to the states as well. Therefore, the Court has the final say over when a right is protected by the Constitution or when a Constitutional right is violated.

Role

The Supreme Court plays a very important role in our constitutional system of government. First, as the highest court in the land, it is the court of last resort for those looking for justice. Second, due to its power of judicial review, it plays an essential role in ensuring that each branch of government recognizes the limits of its own power. Third, it protects civil rights and liberties by striking down laws that violate the Constitution. Finally, it sets appropriate limits on democratic government by ensuring that popular majorities cannot pass laws that harm and/or take undue advantage of unpopular minorities. In essence, it serves to ensure that the changing views of a majority do not undermine the fundamental values common to all Americans, i.e., freedom of speech, freedom of religion, and due process of law.

5 0
3 years ago
Read 2 more answers
In the U.S. over 2 million people are injurand around 33,000 people are killed in traffic collisions ________.
sveta [45]

Answer:

each year

Explanation:

please mark me as brainliest

8 0
2 years ago
Read 2 more answers
What are the three natural rights that Locke lists at the end of this excerpT
mylen [45]

Answer:

Life, Liberty, and PropertyUNIT 10.2| Enlightenment, Revolution, and Nationalism.

6 0
3 years ago
Other questions:
  • The attempt to ratify the equal rights amendment was an important struggle for
    15·1 answer
  • 2) What is it called to restrain a person with intent to prevent his freedom by
    5·2 answers
  • James Keller was an employee at Radical Boards, Inc. Radical Boards is a surf and skateboard shop that also sells clothing. Whil
    11·1 answer
  • What are the roles of the Corrections component in the criminal justice system?
    10·1 answer
  • What is the name of the power-sharing system of government adopted by the United States in which individual states are permitted
    7·2 answers
  • Suggest three ways in which womens can protect themselves against abuse​
    12·1 answer
  • The is compiled by the FBI and is the major source on crimes reported in the United states
    10·1 answer
  • Match each description to the appropriate Enlightenment text.
    15·1 answer
  • What does money laundering accomplish
    9·1 answer
  • For a powerboat to be operated in compliance with the law, in addition to registration number what else is required?
    12·1 answer
Add answer
Login
Not registered? Fast signup
Signup
Login Signup
Ask question!