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Question
- what is the basic power and responsibility of the courts?
- what types of things can be considered law?
- why might it take a long time for a judge to review the law to determine if it is valid?
- if there are several different laws related to a particular case a judge is reviewing, how does a judge determine which law to follow?
- what does it mean if one law trumps another law?
- what law in the united states generally trumps all other law?
part 3: notes
the judicial branch
article of the constitution:
role in u.s. government:
Brief Explanations
- The basic power and responsibility of courts is to interpret laws and settle legal disputes through fair - minded adjudication.
- Laws can include statutes (enacted by legislative bodies), regulations (issued by administrative agencies), and common law (developed through court decisions).
- A judge may take a long time to review law for validity as it requires examining its constitutionality, consistency with precedent, and understanding its implications.
- Judges determine which law to follow by considering hierarchy of laws (e.g., federal law over state law in case of conflict), date of enactment, and the specific facts of the case.
- When one law trumps another, it means the former has higher authority or precedence, often due to its position in the legal hierarchy (e.g., constitutional law over ordinary statutes).
- In the United States, the Constitution generally trumps all other laws as it is the supreme law of the land.
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- To interpret laws and settle disputes.
- Statutes, regulations, common law.
- Need to check constitutionality, precedent - consistency, and implications.
- Consider law hierarchy, enactment date, and case facts.
- The law has higher authority or precedence.
- The Constitution.