SOCL 4471 Study Guide - Midterm Guide: Law Of The Soviet Union, State Ownership, Fourth Amendment To The United States Constitution
Document Summary
The primacy of written law varies considerably: common law relies less on statutes, but they are present. Civil law relies almost exclusively on them: precedent: the idea that previous court rulings are laws themselves. Independent judiciary: judicial branch does not take orders from another part of the government. Judicial review describes the process by which the independent judiciary can overrule other parts of government. Barons: parliament was not powerful and this established a base set of laws for england, summary of common law history, common law: begins as an attempt to unify laws in a country with independent lords. This is called the force of law: congress can pass concurrent resolutions that say things should happen, but they have no actual power. This is different from congress passing a bill: example: congress sometimes passes a budget resolution, that resolution has no legal force behind it. In common law, all branches of government can create law in some form.
