discussion 1

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Victor Valley College *

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MISC

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Law

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Feb 20, 2024

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docx

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Uploaded by GrandWorld6968

How do the courts create laws? (200 words) Courts do not create statutory law, but they do assist our justice system in interpreting the law. When a law is not clear or there is a situation where there are two cases that contradict one another then it is up to the court to determine how the law should be interpreted and applied. While the Courts do not technically create laws, they do provide an important function in criminal justice known as caselaw that assists parties while stating their argument in court/trial. By courts resolving disputes they can become into caselaw which will assist future cases in persuading their case in court. To add, Courts are also bound to follow earlier courts decisions which is known as Common Law. This means that if a state supreme court issues a decision on a particular matter, then all lower courts in that state will be bound to follow that decision as well. Equally, if the U.S. Supreme Court issues a decision, then this decision overrules the lower court’s decision. Again, the Courts function is not to create laws, but to uphold the law and determine, based on what the law states, whether those having charges against them are violating the law. How do legislatures control the courts? (200 words) The legislative branch is made up of the House and Senate, known collectively as the Congress. One way for the legislature to have some control on the court is by jurisdiction of the subject matter. The legislature has the power to form special courts that can only hear cases involving specific matters. By creating special courts, this will prevent other courts from hearing such cases, hence limiting widespread prosecutions. On the other hand, however, with today’s legislatures, they could also allow all courts to hear such cases, which will create widespread prosecutions. While the Legislative control over the courts is manifest through jurisdiction setting, Article III authority for the legislative branch is to not only create courts but, to also create rule setting, confirmations of nominees to judgeships, and budgeting. Legislatures also control the courts by maintaining authority in deciding personnel issues. Congress defines the number of judgeships at the Federal level which determines how many judges will have authority to settle disputes in the federal courts. Not only do legislatures have control on the number of Judges, but they also have a say on judicial pay which helps maintain the budget. Legislatures have the authority to set the rules of practice, procedure, and evidence in the federal courts which is the final way Legislatures control the court. What are the sources of law (other than the courts)? (200 words) Other than the courts, there are other sources of law that include modern legal codes, administrative regulations, and constitutions. These other sources of law have helped structure not

only our criminal justice system, but our courts as well. Modern legal codes exist at different levels of government and appear in a variety of forms. An example is how The United States Code contains federal laws, and violations of its provisions can lead to federal prosecution. On the other hand, States have their respective codes however, which the state, there are other forms of government such as counties and cities, which also have their own ordinances. Administrative regulations are rules stated by government agencies which were given the authority by the executive branch or legislative branch. By the executive branch or legislative branch providing administrative agencies the authority to set their own regulations, this reduces the liability on the executive or legislative branch which also allows the agencies to adapt and change as their laws as needed. The U.S Constitution is a crucial piece of American history which include ten amendments, known as the Bill of Rights, that limit the power on what the government can do and to protect the important freedoms of the people. The Bill of Rights is a shield of protecting us from mistreatment by the government and gives us the freedom to not only believe what we want and say what we want, but to also own a weapon and to defend yourself in court if you are accused of a crime. How do government executives exercise control over the courts? (200 words)

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