... PA 205-01 Unit 1 Assignment * Read case study * Describe the difference between legislation and case law The main difference between legislation and case law is who makes them. Legislation (or statutory) law consists of laws that are passed by the legislature, that is legislative branch of the U.S. government, or other governing agency. Examples of legislation include rule regulations and statutes. Judges can interpret what legislative law signifies if a dispute arises about a particular statute’s meaning. Also, a judge can declare a statute unconstitutional if it conflicts with the U.S. Constitution or state constitution. Case law is court or judge made law. It is also referred to as common law. Case law, on the other hand, is not based in origin by the government or legislature but evolves with new decisions made by a judge or court (Cheeseman & Goldman, 2010). * Answer Questions 1. List a statute from the case study and explain what it prohibits The statute in the case of Texas v. Johnson was Texas Penal Code section 42.09(a)(3). This statute prohibited disorderly conduct by a citizen. The Cornell Law School’s Legal Information Institute (LII) noted that in this case, Gregory Johnson’s desecration of a venerable object (the U.S. flag) was viewed as disorderly conduct and a direct violation of this Texas statute ("Texas v. Johnson", n.d.). 2. List the branch of government that created the statute The legislative branch created...
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...Katrina Allen Kaplan University 1. Gregory Lee Johnson was charged with violating 42.09(a)(3) of the Texas Penal Code, which prohibited the “desecration of a venerable object.” Which means he wrecked something that is deemed important or sacred. (The American Flag) 2. This law was made and passed in the state’s legislative branch. 3. Everyone that was there was probably affected in some way or another. But it started with * Gregory Lee Johnson * Dallas Police Dept. * Dallas County Criminal Court * Texas Court of Appeals 5th District * Texas Court of Criminal Appeals * State of Texas * United States Supreme Court 4. * Texas Court of Criminal Appeals * Texas Court of Appeals 5th District * Dallas County Criminal Court 5. The United States Supreme Court stated that it was against Gregory Lee Johnsons First Amendment rights of expressive conduct. 6. The statute did not meet the states goal of preventing breaches of peace. Which means a person must intentionally disrupt the public a certain way. (www.legalmatch.com) 7. Case law is a law that is established by judicial decision. Ex. When I went to court to have my child support amount changed, the Child Support Recovery Unit (CSRU) had his amount at $978, however in his bonus from work were included in the figuring of this amount. His lawyer brought other court cases where judges have declined to have that amount in there. So his bonus were taken out and a new amount...
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...ROE V WADE DR. BRUCE FARCAU Abortion was illegal until Jane roe sue the state of Texas and won then all fifty states abortion laws was overturn by the supreme court that make it legal to have abortion. In 1970 Jane roe find that she was pregnant and wanted to have an abortion but it was illegal in the state of Texas, so she sue the state under an alias affidavit with the district court with her inability to obtain an abortion legally in the state of Texas. The courts heard argument twice on the matter before making their final ruling in 1973. In 1973 abortion became legal by the supreme court with a seven to two ruling with justice Harry Blackmun writing the decision for the majority. The decision written by justice was based on a residual right to privacy. This decision was also base on two cases , one reform Texas where abortion was illegal and can only be perform when the mother’s life is at risk and the other in Georgia were the mother have to get the permission from doctors and the hospital board while establishing the right of an abortion. This give the state the right to intervene in the second and third trimester of pregnancy to protect the life of the mother and the unborn child. Denounce by the national council...
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...Uniform Guardianship and Protective Proceedings Act, considers an incapacitated adult as one who is unable receive and evaluate information or make or communicate decisions to such an extent that the individual lacks the ability to meet essential requirements for physical health, safety, or self-care, even with appropriate technological assistance (Demakis, 2013). To date all 50 states have passed some type of guardianship reform: however these reforms vary considerably from state to state (Kubik & Woods, 2005). According to Demakis (2013), First, a petition is made to the court, most often by a family member, in which an individual, considered the respondent or presumed ward (the terminology differs by state), is alleged to be incompetent/incapacitated. Next, a hearing or series of hearings is conducted in which the respondent is represented by an attorney or guardian ad litem appointed by the court or a privately retained attorney. The hearings may include testimony from the petitioner, respondent, and...
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...Sweatt v Painter Essay In 1946, Heman Marion Sweatt, a African American man, put in a application for a University known as The University of Texas Law School. On the other hand the school wanted WHITES only. Theophilus Painter, the president of the law school, sent him a letter denying his application because of his race. The school also offered to make a University for all black students, furthermore said it would be separate but equal, that didn’t make it exceptional. So in May of 1946, Heman Marion Sweatt filed suit against Theophilus Painter and all the members of the University's Board of Regents in a Texas District Court. The court denied Heman Sweatt’s suit for an order directing his admission to Texas Law School,...
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...influence (DUI) crime? | Is there extreme DWI or DUI? If so, what is the punishment? | Federal | | | | | | | <State 1> | | | | | | | <State 2> | | | | | | | <State 3> | | | | | | | 1. Where do you see the largest variance between federal and state anti-drug legislation? 2. What is the purpose of anti-drug legislation in relation to public order crime? Federal Despite medical cannabis laws in 40 states, cannabis is still illegal under federal law. Federal marijuana law. (2016). Retrieved from http://www.safeaccessnow.org/federal_marijuana_law Under federal law, a person with no prior federal or state convictions of possession of any narcotic who is convicted of a first offense of cocaine possession may be sentenced to not more than one year in prison, fined not less than $1,000, or both. A person convicted of cocaine possession after a prior conviction of possession of cocaine or any other narcotic in either federal or state court may be sentenced to not less than 15 days and not more than two years in prison, fined not less than $2,500, or both. Two or more prior convictions of possession of any narcotic in federal or state court may lead to a sentence of not less than 90 days in prison, a fine of not less than $5,000, or both. The term of imprisonment and the amount of the fine maybe affected by the quantity of the drug seized. A charge of possession with intent to distribute (sell) cocaine greatly increases the penalties. ...
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...On May 31, 2017 Governor of Texas Gregg Abbott signed four bills aiming to reform child protection services. Over the last two years there have been lot of debates and discussion in the Texas legislature about the impact of the Children welfare system. Major Components of the bill were: 1. The Texas government allocates about $350 per month to families caring for abused and neglected children who are related to them. 2. House Bill 5, which makes the Department of Family and Protective Services a standalone agency outside of the Texas Health and Human Services Commission 3. House Bill 7, which changes how courts work with the state's child welfare agency 4. Senate Bill 11, which lets the state create a "community-based care" model, contracting...
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...42.09(a)(3) of the Texas Penal Code, Desecration of a Venerated Object. A person commits an offense if he/she intentionally or knowingly desecrates, a state or national flag. “Desecrate” means to deface, damage, destroy, vandalize and/or mistreat in a way that the actor knowingly will greatly offend one or more persons are like to observe or discover his/her action. This offense is a Class A misdemeanor “(Case Study Texas vs. Johnson, 2014). The statue prohibits intentionally or knowingly desecrating, destroying, damaging, burning, mistreating of a state or national flag in public that will seriously offend one or more persons and is witnessed by one or more persons. This statue was made to prohibit only flagrant acts of flag desecration that take place in a public setting or place (Case Study Texas vs. Johnson, 2014). 2. Which branch of government created the state statute? The state statue, 42.09(a)(3) of the Texas Penal Code, Desecration of a Venerated Object, was created under legislative branch. The State’s interest is to prevent a breach of peace by prohibiting certain acts of flag desecration have been considered to be unrelated to the suppression of freedom of speech, the First Amendment of the Constitution. 3. The passage above also discusses one court case. Who were the parties involved in the case? The other case was held in the Supreme Court of the United States in the October Term, 1988. The petitioner was The State of Texas and the respondent...
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...discusses one court case. Who were the parties involved in the case? The parties involved in this case were the State of Texas and Gregory Johnson. 4. The case was heard by three lower courts before it reached the United States Supreme Court. List those three courts in order, beginning with the court that has the most authority and ending with the court that has the least amount of authority. United States Supreme Court, Texas Court of Appeals, Fifth District, Dallas County Criminal Court 5. Provide the citation for the United States Supreme Court’s decision in this case. Texas v. Johnson, 491 U.S. 397 (1989). 6. What effect did the United States Supreme Court’s decision have on the Texas statute? The United States Supreme Court struck down the statute, stating it violated the First Amendment of the Constitution. Legislation enacts statutes. Statutes are passed laws. Some statutes are “new law” and some “supersede or adopt common laws” (Yelin, Samborn, 2012). Codification occurs when the Legislative branch of the government “adopts a common law” (Yelin, Samborn, 2012). Statutory law has priority over case law. The course book stated, “Statutes and the U.S. Constitution comprise one body of law called enacted law” (Yelin, Samborn, 2006). In the balance of power in the U.S system, courts may declare Statutes to be unconstitutional if they violate the provisions of the constitution, which “invalidates” the law (Yelin, Samborn, 2006). Courts...
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...The Texas Constitution 1 Why the Texas Constitution Matters • The Texas Constitution is the legal framework within which the government works • Rights guaranteed in the Texas Constitution go beyond those of the U.S. Constitution • The length and detail of the Texas Constitution make the amendment process central to the political process 2 The Role of a State Constitution • State constitutions perform a number of important functions – Establish political institutions and explain the source of their power and authority – Delegate powers to particular institutions and individuals and define how they are to be used – Protect against the concentration of political power in one institution or individual – Define the limits of political power 3 The Role of a State Constitution: Influence of U.S. Constitution • Texas’s constitution is heavily influenced by the U.S. Constitution – Political power is derived from the people – Both constitutions feature a separation of powers • Legislative, executive, and judicial branches – A system of checks and balances limits the powers of each branch, as a way to protect against tyranny – Certain individual rights must not be violated 4 The Role of a State Constitution: How U.S. Constitution Is Different • The idea of federalism is also embodied in the constitutions of the U.S. and Texas • Important differences distinguish the two – Supremacy clause: the U.S. Constitution and federal laws...
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...Woman's Health v. Hellerstedt The purpose of this paper is to illustrate significant events that have aided in the evolution and adoption of abortion laws established in the United States. Despite the lengthy history of abortion laws and healthcare policies in our country, the subject remains to be a relevant debate topic in circulation today that deeply divides societal interests among pro-life or pro-choice activists. Most recently, the Supreme Court ruled on the Whole Woman's Health v. Hellerstedt case that notably sparked one of the largest anti-abortion demonstrations in history. The hearing was held in response to the Texas House Bill 2 (HB2) signed into law in 2013, that led to the systematic closing of abortion...
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...Medellín v. Texas Student: Kais Karowadia Class: Government Dual Credit Teacher: Jonathan Solis The Supreme Court case between Jose Ernesto Medellín and the state of Texas was fought over whether or not international law should play a role in the due process of the law within the United States. The international law in debate was made at the Vienna Convention and was designed for convicted foreigners to be able to notify their embassy immediately. As a part of the United Nations, the United States ratified this article (Article 36 on Consular Relations). During this case, however, the state of Texas did not follow the international law set at Vienna. The plaintiff, Medellín, had raped and killed two teenage girls in Houston in 1993 and confessed for participating in the crime. He was later sentenced to death by Texas courts. While on death row, Medellín sent letters to the Mexican consulate explaining his situation. Mexico saw that the United States had not upheld the agreements from the Vienna Convention and sued the United States in the International Court of Justice. Alongside the dispute between the two nations, Medellín filed for a writ of...
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...Constitution. These three branches work on a series of checks and balances, keeping one branch from being all powerful. Over time the duties of each branch have had to evolve as society has, changing them a little to keep with the times. The judicial branch of the government is the branch that is elected by the President and confirmed by the Senate ("Judicial branch," 2013). Federal courts are in place to interpret the law ("Judicial branch," 2013). They cannot make, or enforce the law; they simply interpret it as the social trends dictate ("Judicial branch," 2013). For instance, in the early 80s, when society was afraid of same sex couples and what happened behind closed doors, the Supreme Court ruled in favor of upholding the original ruling in Bowers v. Hardwick. This ruling stated that it was constitutionally correct to uphold a charge of sodomy between two consenting homosexual adults behind closed doors ("Bowers v hardwick," 2013). Later, when it was more acceptable to be homosexual, the Supreme Court reversed its position in the case of Lawrence v. Texas. Like the state of Georgia, Texas had a law that stated there was to be no sodomy of any kind. It did not matter if it was between consenting adults behind closed doors. Since this case happened in 2003 when the Gay Rights Movement was gathering publicity and...
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...Anti Drug Legislation Analysis Lisa Myatt CJA/343 May 16, 2011 Lora Terrill In our country today the Federal and State legislation has its focus on prohibiting and reducing the illegal drug trade. The federal and state anti-drug legislation policies differ and from state to state various factors are considered. The federal government as well as the government of every state has established policies and laws to discourage the production, distribution and consumption of several types of controlled substances. The United States anti-drug legislation dates back to around 1875 with a statute enacted by the city of San Francisco on the prohibiting of smoking opium (Pearson Edu, 2010). In 1914 the federal anti-drug legislation enacted the Harrison Act. This act required physicians, pharmacists, and other medical professionals to register and pay a $1.00 tax per year (Pearson Edu, 2010). Those individuals who were not registered and were found to be drug trafficking were faced with a maximum fine of $2,000 and up to five years in prison. The Crime Control Act of 1990 is another federal anti-drug legislation targeting drug crime and the Violent Crime Control and Law Enforcement Act of 1994 provided funding for rural anticrime and antidrug efforts (Pearson Edu, 2010). In 1986 legislation was passed by U.S. Congress requiring mandatory prison sentences for a variety of drug offenses. This legislation...
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...whether a sex offender’s freedom is thus inhibited by a tyrannical government. A sex offender as listed by LexisNexis Texas Criminal and Traffic Law Field Guide as well as defined by the Texas Code of Criminal Procedure Chapter 62, is anyone convicted or adjudicated as having committed a specific criminal offense(s), usually of a sexual nature, against another person, prior to September 1, 1970. (p. 787) In this paper, I wish to explore the constitutionality of requiring sex offenders to register and whether those requirements and constant oversite constitute a violation of the offender’s constitutional rights. According to Uniformed Crime Reporting, provided by the FBI, there were a total of 85,483 sexual offense incidents reported in 2015 to law enforcement agency across the United States. The National Center for Missing and Exploited Children, NCMEC reports: 1 in 6 of the 18,500 runaways reported to NCMEC in 2016, were likely sex trafficking victims; and NCMEC has received more than 12.7 million reports of suspected child sexual exploitation from 1998 to June 2016. These glaring statistics would indicate that criminal acts of sexual assaults against other people is an obvious problem and one that cannot be ignored or diminished through ignorance. History has further indicated the impact criminal sexual offenses that are committed can have and the resulting legislation that is passed in an effort to prevent future crimes of the same nature from occurring. In 1981, Adam John Walsh...
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