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Reviewing a Case Study and Explaining Differences in Law

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PA 205-01 Unit 1 Assignment | | Kaplan University |

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 this particular statute. 3. List the parties to the case in the case study
The State of Texas and Gregory Lee Johnson were the two primary parties involved in this statute. 4. List…...

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