Describe the difference between legislation and case law


Homework

Learning Outcome

1. Describe the difference between legislation and case law.

Instructions

Read the Case Study, which discusses an incident in which an individual challenged his conviction for burning an American flag. Then answer the questions that follow.

Task:

A. The case study references one state statute. Identify it and explain what it prohibits.

B. Which branch of government (executive, judicial, or legislative) created the state statute?

C. The passage above also discusses one court case. Who were the parties involved in the case?

D. The case was heard by three lower courts before it reached the United States Supreme Court. List those three courts in order, beginning with the court that has the most authority and ending with the court that has the least amount of authority.

E. Provide the citation for the United States Supreme Court's decision in this case.

F. What effect did the United States Supreme Court's decision have on the Texas statute?

G. Write 1-2 paragraphs explaining the difference between case law (like the court cases above) and statutory law (like the state statute above). Focus your discussion on how case law and statutes are created, the weight of their authority, and how they can be amended or changed.

Format your homework according to the give formatting requirements:

1. The answer must be double spaced, typed, using Times New Roman font (size 12), with one-inch margins on all sides.

2. The response also includes a cover page containing the title of the homework, the course title, the student's name, and the date. The cover page is not included in the required page length.

3. Also include a reference page. The references and Citations should follow APA format. The reference page is not included in the required page length.

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