Chapter 2 Assignment
Questions for Review and Discussion
5. Statutory laws are passed by either the state or federal legislature. Federal statues must be signed by the president of the United States While, state statues must be signed by the governor. Statutory law must be followed by everyone unless considered un-constitutional by the Supreme Court.
7. Common laws are similar to morals. When there are no laws or statues that relate specifically to a case, the court will rule a certain way by examining previous cases. Where there is no law in place old cases are used to determine the ruling. Common law in the United States originated from the British.
8. Stare decisis provides stability because judges, on current cases, must follow similar rulings in previous cases. When the rulings on similar cases remain the same over time, stability and uniformity are created.
2. Yes, the plaintiff is correct. Tort law must be abided by. The argument is specifically related to a tort law and not the Atomic energy act. When looking at the intentions of the Atomic Energy Act there was no intent within this to nullify any of the state’s laws already in place.
4. In this case an intern failed to properly strap a patient down when performing a medical examination. The patient fell and is suing the hospital for negligence while the hospital is claiming it‘s a matter of a medical claim. If it considered a medical claim a maximum amount of time has already passes making the case illegitimate. The difference of opinion in case must force the courts to review similar cases in the past. Because there is no specific law or statue in the case the courts must look at the legislative history of statues and similar cases in the past.
5. Yes, lower courts must first decide a statue to be unconstitutional before going up to higher courts to be ultimately ruled un-constitutional. Only the supreme court of the United States had the authority to