| A B | when following ____, judges interpret and apply laws in a way that is consistent with earlier court decisions precedent | law that relatives to human conduct, disputes between private parties, and disputes between private parties and government not covered by criminal law civil law |
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Which of the following is characteristic of a common law legal system?
The defining characteristic of “common law” is that it arises as precedent . In cases where the parties disagree on what the law is, a common law court looks to past precedential decisions of relevant courts, and synthesizes the principles of those past cases as applicable to the current facts.
Which of the following is responsible for the formal interpretation of a state’s constitutional and statutory law?
| A B | fundamental laws of each State the State constitution | bicameral. Most State legislatures today are | is responsible for the formal interpretation of a State’s constitutional and statutory law the attorney general | procedure by which voters may remove an elected official from office recall |
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Which state was the first in which popular approval played a direct role in the adoption and ratification of a state Constitution group of answer choices?
In political terminology, the initiative is a process that enables citizens to bypass their state legislature by placing proposed statutes and, in some states, constitutional amendments on the ballot. The first state to adopt the initiative was South Dakota in 1898.
Why is judicial review important?
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.
What are the three main characteristics of the common law system?
Besides the system of judicial precedents, other characteristics of common law are trial by jury and the doctrine of the supremacy of the law .
What are the two most common types of civil law cases?
The two most common types of civil cases involve contracts and torts . In deciding cases, courts apply statutes and legal precedent.
What are the 4 rules of statutory interpretation?
There are four Rules of Statutory Interpretation, these are the literal rule, the golden rule, the mischief rule and the purposive approach . These rules will be discussed within the body of this essay.
Do judges simply figure out and apply what the law already says?
Judges, through the rules of precedent , merely discover and declare the existing law and never make ‘new’ law. A judge makes a decision, ‘not according to his own private judgment, but according to the known laws and customs of the land; not delegated to pronounce a new law, but to maintain and expound the old one’.
How do you interpret a statute?
Interpretation of a particular statute depends upon the degree of creativity applied by the judges or the court in the reading of it, employed to achieve some stated end. A statute can be interpreted by using the Golden Rule , the Mischief Rule or the Literal Rule.
What was one reason why the 17th Amendment passed?
What was one reason why the Seventeenth Amendment passed? The amendment eliminated all political corruption . The amendment gave senators more power in office. The amendment gave each state more senators.
Why was the 17th Amendment passed?
The push for the Seventeenth Amendment occurred both in state legislatures and the House of Representatives . ... The arguments for the Seventeenth Amendment sounded in the case for direct democracy, the problem of hung state legislatures, and in freeing the Senate from the influence of corrupt state legislatures.
What did the 17th amendment do?
The Seventeenth Amendment restates the first paragraph of Article I, section 3 of the Constitution and provides for the election of senators by replacing the phrase “chosen by the Legislature thereof” with “ elected by the people thereof.” In addition, it allows the governor or executive authority of each state, if ...
What are the 3 principles of judicial review?
The three principles of judicial review are as follows: The Constitution is the supreme law of the country. The Supreme Court has the ultimate authority in ruling on constitutional matters . The judiciary must rule against any law that conflicts with the Constitution.
What is the main result of judicial review?
Judicial review allows the Supreme Court to take an active role in ensuring that the other branches of government abide by the constitution. ... Rather, the power to declare laws unconstitutional has been deemed an implied power , derived from Article III and Article VI of the U.S. Constitution.
How many judicial reviews are successful?
This means that a judge has found that a case does not have a reasonable prospect of success, and therefore does not permit the claim to move beyond the “permission” stage to a full judicial review hearing. Of those claimants who are given permission to proceed, only 30% are then successful following a full hearing.
