MC 3080 Lecture Notes - Lecture 1: Fourteenth Amendment To The United States Constitution, Napoleonic Code, En Banc
Document Summary
Application and interpretation of the federal constitution. U. s. supreme court is the highest court: some areas of the constitution are ambiguous. Some justices use the literal approach when applying the constitution. States and the state in which they reside . Example of unambiguous constitutional amendment: statutory law. Application and interpretation of federal and state statutes: an unfavorable statutory law can be overruled and changed by congress. Usually happens when the losing party of a case doesn"t like the outcome. If someone sues another person, and there is no legal basis for the lawsuit: If there is a societal custom, a judge may rule the right to sue on the grounds of this custom. As other judges rule under this custom, they develop a body of common law, and common law has the potential to be elevated to a statutory law.
