Introduction to Legal Analysis and Writing PA 205-02 RP1
Unit 1 Case Study
Describe the difference between legislation and case law
1. In the case study of Mr. Johnson, there is only one state statute that is referenced. The statute was in the TEXAS PENAL CODE ANN. §42.09 (a)(3) 1989. This statute prohibited the desecration of a venerable object. Mr. Johnson burned an American flag therefore the state of Texas charged him under this statute.
2. The branch of government that created the Texas State statue was the legislative branch. This branch of government has the responsibility of making laws.
3. The parties in this court case were Gregory Johnson and the state of Texas. Texas v. Johnson, 491 U.S. 397 (1989).
4. Before Mr. Johnson reached the U.S. Supreme court, he went to trial before three other courts. The courts in order from highest of authority were the Texas Court of Criminal Appeals, Texas Court of Appeals Fifth District and the Dallas County Criminal Court.
5. The citation the U.S. Supreme court used in their decision was Texas v. Johnson, 491 U.S. 397 (1989).
6. “The Court ruled that the Texas statute was inconsistent with the First Amendment, and therefore the Court struck down the statute. Id.” PA205: Introduction to Legal Analysis and Writing. Congress passed the Flag Protection Act because of the case.” In 1989, the 101st Congress amended that statute with Public Law 101-131 (103 Stat. 777). These amendments to the statute were in response to the United States Supreme Court's ruling that year in the case of Texas v. Johnson (491 U.S. 397).” http://en.wikipedia.org/wiki/Flag_Protection_Act
Common law are laws that were made based on the outcome of court rulings. Law that is based on past court decisions made by judges. Case laws which are also known as common law cannot overrule the U.S. Constitution of statutes. They are how one interprets the laws or how they are viewed. These...