What is a key element in the Supreme Court’s authority?
The Supreme Court’s authority primarily contains the key elements of a state-level rule of court. Those courts with substantial self-governance may consider to review local rules in the federal courts and as well in the higher courts that delineate specific court policies. Therefore, the key element in the Supreme Court’s authority is that a federal issue must be at stake, and it may be either in the form of the parties involved or in the constitutionality of state or federal law.
What happens when a court has no applicable statute to guide the outcome of a case?
A court must apply and follow any source of law when deciding a case, and the sources include constitutions, statutes, and regulations. A big challenge emerges when a court has no applicable statute to guide the outcome of a case. Such kind of situation will force a judge to establish the law, and it involves looking to case law and applying the principle of stare decisis.
What is the difference between common law and case law?
A Common-law depends on the concept of judicial precedent, and the judges take the role of establishing a new law or legal principle. The judge’s decision is the final ruling. So it means the judge gets to establish the common law rule from the mode of the case. Case laws are in the form of published judicial opinions and depend on legal principles to function adequately. Interestedly, a common law, can also be known as case law,
What is the significance of common law and case law?
Both common and case laws play a significant role in the general public because the courts depend on these laws to rule out cases. In any case, a judge may use it as a source of an unwritten law. But as the judge create a common law from a case, he should make sure it is based on legal precedents established by the courts
How does the judiciary uphold the law that is consistent with the Constitution?
To protect the rule of law, the judiciary should uphold the laws that are consistent with the Constitution. And it involves the process of imposing legal liability when legal principles are violated. The state courts under the Judiciary upholds the national laws found in the Constitution.