Constitutional, Statutory, Administrative and Common Law Essay

1) Since the injured plaintiff was not wearing a seatbelt, why is Ford being sued for failing to test the seatbelt sleeve?

The United States Constitution is one of the most important documents to the citizens of the United States. It is known as the supreme law of

Judicial Review – the power of the Supreme Court to say whether the federal, state, or local law or government action goes against the Constitution.

A. Define Judicial Review- The power of the courts authority to review the actions of the executive and legislative branch and to invalidate if their actions are contrary to the constitutional principles.

-The power of the judicial review is “A court’s power to review statutes to decide if they conform to the U.S. or state constitutions”. It is important to our legal system to have the power of the judicial review as a tool to the disposal of the courts when conflicts arise within the law or constitution.

a. Define judicial review. Judicial review is a power held in the Supreme Court to declare legislation, laws, bills, acts, and executive orders unconstitutional.

Judicial Review is one of the court's most important powers and arguably the most powerful one that this branch or any branch has. This is a power that allows the supreme court to make legislative and executive actions subject to review and possible invalidation. The power of Judicial Review was earned in the Supreme Court Case Marbury v. Madison. In this case it was decided that James Madison’s decisions to prevent William Marbury from taking office as justice of the peace was unconstitutional, this has extended the power and now created what is known as judicial review. This has continued to affect laws and acts presently such as in the case of United States v. Nixon when Nixon was denied the powers of absolute executive privilege due to

* Case Law/Precedent/STARE DECISIS – Case Law is the doctrines and principles announced in cases. It governs all areas not covered by statutory law or administrative law and is part of our common law tradition. A Precedent is a decision that furnished an example of authority for deciding subsequent cases involving identical or similar legal principles or facts. For example, when a judge is making a ruling on a case, the judge may refer back to a similar case to see what the previous ruling was to keep the result similar. Stare Decisis is the practice of this process, deciding new cases with reference

Judicial Review is when the Supreme Court decides whether something is constitutional or not. The Supreme Court, not only hears cases to determine if they are constitutional or unconstitutional. They also decide whether laws and decisions created by the Legislative and Executive branches are constitutional or not.

The Constitution of the United States, the most remarkable document that was ever created. In this document, it clearly outlines the government that the United States will operate under and gave the leaders specific ways to guide the citizens of the country. For instance, in the Constitution, it established a judicial branch and outlined the laws that it will possessed. According to the Constitution, the judicial branch should act as a system of checks and balances against the other two branches of government. Under these circumstances, there are various courts that are created.

Supreme Court the most commonly know is judicial review, also know as the ability of the Court to announce a Legislative or Executive act in violation of the Constitution, this is not found directly within the text of the Constitution itself. The Court established this doctrine in the case that we researched previously Marbury v. Madison. In this case, the Court had to conclude whether an Act of Congress or the Constitution was the absolute law of the land. The Judiciary Act of 1789 gave the Supreme Court original jurisdiction to issue writs of mandates. A suit was brought under this Act, the Supreme Court recognized that the Constitution did not grant the Court to have original jurisdiction in this case. Because Article VI of the Constitution authorized the Constitution as the Supreme Law of the Land, the Court held that an Act of Congress that is conflicting to the Constitution could not stand. In following cases, the Court also established its authority to strike down state laws found to be in violation of the Constitution.Before the passage of the Fourteenth Amendment, the provisions of the Bill of Rights were only relevant to the federal government. After, the Supreme Court began ruling that all of its provisions were applicable to the states as well. Thus, the Court has the final say over when a right is protected by the Constitution or when a Constitutional right is

The lawmaking process in the U.S. Congress is rigorous and unexpected, but is vital to our representative government. The Legislative Branch controls the lawmaking process. All legislative powers are give to Congress which is bifurcated into two houses: the House of Representatives and the Senate. Every year about 10,000 bills, or proposed laws, are introduced and only ten percent of them end up becoming laws. The process that a bill must take in order to become a law is can take from two weeks to two years.

Judicial Review: The power enables the judicial branch to act as a check on the

Throughout the United States there are many different laws among the fifty states that make up this union. The laws are different throughout the states because of the need of the laws. Living in one state and not having the advantages or disadvantages of a law in another state would not be that unfair or unequal. This is true because if you don’t like a law in your state you could always fight it and try to change it or you could always move out of that state and go to one that has the laws that you like.

Laws concerned with the powers and functions of the executive branch of the government, its organizations, their inter-relations with each other, citizens and the non-governmental entities. The intention of administrative law is to provide for a legal framework for regulating the powers, procedures and acts of public administration.