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What else can I help you with?
When a factual dispute is controlled by both statutory and case law case law always controls?
No. "Case law," also called precedent, controls a case only if it has not been superseded by statute. The only exception is case law regarding the constitution.
What was the controversy?
it was a letter of law
Under what condition does a case become a federal case?
diversity of citizenship and amount in controversy over $75000 (amount may be off) OR federal question/ federal law dispute
What was the sabbatarian controversy?
it was a letter of law
What does it mean when a summary judgment is granted in a legal case?
When a summary judgment is granted in a legal case, it means that the judge has decided there are no factual disputes to be resolved at trial and that one party is entitled to win the case based on the law and evidence presented.
What was the sabbatarian controversy and how was it resloved?
it was a letter of law
Why is case law important to constitutional law?
Case law is important to constitutional law because it helps to interpret and apply vague or broad provisions in the Constitution to specific factual situations. Through case law, courts can provide guidance on how constitutional principles should be understood and enforced in practice. This helps to ensure the consistency and predictability of constitutional interpretation over time.
Does jury decide issues of law?
No, juries do not decide issues of law; that responsibility lies with the judge. Juries are tasked with determining the facts of a case and rendering a verdict based on those facts, while the judge interprets and applies the law to the case. The judge ensures that the trial adheres to legal standards and instructs the jury on relevant legal principles. Therefore, the jury’s role is primarily focused on factual determination, not on legal interpretation.
When can the Supreme Court rule on the Constitutionality of the law?
The US Supreme Court can review and determine the constitutionality of any law -- state, federal or municipal ordinance -- that is relevant to a case or controversy before the Court. It is important to note that the Court must have proper jurisdiction (typically appellate jurisdiction) over the case in order to consider any aspect of the laws involved.
How are laws derived from case law?
"Laws" are not derived from "case law" - DECISIONS are derived from case law.
What are legal questions called?
Legal questions are often referred to as "legal issues" or "legal queries." They typically involve interpretations of law, the application of statutes, or the resolution of disputes within a legal context. In legal practice, these questions may also be categorized as "issues of law" or "questions of law," which distinguish them from factual questions that pertain to the specifics of a case.
How does landmark legislation differ from ordinary legislation?
Landmark legislation is a law signed into effect that is new or something that causes controversy. An ordinary legislation, on the other hand, does not cause a controversy.
