Stover February 28‚ 2013 Intro to Legal Analysis and Writing After reading the case study I found that the state statute that used was the Texas Penal Code section 42.09(a)(3). This statute prohibits the desecration of a venerable object. For example the American Flag or any object that has significant meaning. The Judicial Branch of Government created the state statute‚ and that parties that were involved in this court case was Gregory Lee Johnson and the State of Texas. Besides the US
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1. Who enacted this statute? The statute for the terms of denial for unemployment benefits in the state of New Mexico would be enacted by the legislative authority in the state of New Mexico. Meaning it would fall back on the state of New Mexico to enact the statute. 2. Is this statutory mandatory or discretionary? What causal term in the statute helped you answer this question? The statute for the denial of unemployment benefits would be considered statutory mandatory. The key word in the
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words. Therefore the intention of the legislator is subject to the literal meaning of the text. This is made clear in the following dictum of Stratford JA in Bhyat v Commissioner of Immigration 1932 AD 125 129: The cardinal rule of construction of a statute is to endeavor to arrive at the intention of the lawgiver from the language employed in the enactment… in construing a provision of an Act of Parliament the plain meaning of language must be adopted unless it leads to some absurdity‚ inconsistency
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The statute on the next page deals with the denial of unemployment benefits in New Mexico. It lists the reasons for which the Division of Unemployment Services can disqualify a person from receiving unemployment benefits. Read the statute‚ and then answer the questions which follow. QUESTIONS: 1. Who enacted this statute? 2. Is this statutory mandatory or discretionary? Mandatory What causal term in the statute helped you answer this question? Shall 3. According to this statute‚ what
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“Parliament isn’t the most effective body to make laws.” Parliament is an elected supreme law-making body that is able to create new laws that reflect the needs of the people. It is not always effective as there are many different factors that can both help and hinder the process of legislation within the two houses. By being an arena for debate parliament is able to formulate effective laws through by discussing and debating the presented purpose of a proposed law. Thus lessening any chance of
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written by expert draftsmen‚ the statute for the case before them may not be clear. Bennion (2005) has identified a number of issues that may cause uncertainty: The draftsman may refrain from using certain words as they think it has already been automatically implied‚ also the definition of the word can be broad which causes uncertainty ‚the wording of the statute can be deficient due to a printing or a drafting error. There are three rules‚ courts use to interpret statutes‚ they are known as‚ The Literal
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differences matter to your problem. 4) APPLY THE LAW TO THE FACTS This is the key aspect of answering a legal problem question. This important step comes after you have identified the key facts and the key legal principles from relevant statutes/case law and noted their
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1 Stephanie Bartles 1. The case study references one state statute. Identify and explain what it prohibits. A. Statute 42.09(a) (3) of the Texas Penal Code prohibits the “desecration of a venerable object.” This in lemans terms prohibits the burning of flags. 2. Which branch of government (executive‚ judicial‚ or legislative) created the state statute? A. The branch of government that creates state statutes is the legislative branch. 3. The passage above also discusses
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number of persons that can form a single partnership. See Corporations Act A partnership will have a name (called a firm name) and this is registered under one of the state Business Names Acts. Partnership law derives both from case law and from statute law. The relevant legislation is to be found in the Partnership Acts 1892 (NSW). This area of the law has been described as a special type of agency. The main reason for this is that partners‚ when acting in the course of the partnership business
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of the courts‚ in particular a supreme court. Uncodified – increasingly rare‚ UK one of few Not authoritative‚ constitutional laws treated same as ordinary laws Not entrenched‚ constitution can be changed through the normal process for enacting statute law. Not judiciable‚ judges do not have legal standard to declare that actions of other bodies are constitutional/not constitutional. However: No constitution is entirely written‚ written documents do not encompass all aspects of constitutional
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