Current Edition- California Business Practice

The Peacemaker Quarterly- April 2014

Sunday, October 11, 2009

Exam 1 help

I have been having trouble finding these ideas or concepts:
the controversy courts have
legislative history
state action in terms of the bill of rights
who wins if common law conflicts with a statute (I think the statute wins)

2 comments:

  1. State Action

    Bill of Rights: These amendments prohibit the federal government from infringing on individual freedoms.

    14th Amend: extents the provisions of the bill of rights to the states, prohibiting state interference in citizens’ exercise of their rights.

    -->Equal Protection Clause = prevents states from denying ‘the equal protection of the laws’ to any citizen

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  2. Statute overrides a common law


    Legislative history:
    "progress of a bill through the legislative process and the documents that are created during that process. Attorneys, judges, and others often turn to these documents to learn why Congress enacted a particular law or to aid in the interpretation of a law."


    case or controversy:
    ensures that a court does not render advisory opinions
    1. relationship between plaintiff and defendant must be adverse
    2. actual or threatened actions of at least one party must give rise to an actual legal dispute
    3. courts must have ability to render decision that will resolve legal dispute

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