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Legalwriter, Lawyer
Category: Homework
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Experience:  11 years of law practice, former law journal articles editor
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1-1. Sources of Law. How does statutory law come into existence

Customer Question

1-1. Sources of Law. How does statutory law come into existence? How does it differ from the common law?
Statutory law comes into existence by codification. That means that a group of elected officials pass a law into effect. Such laws can be in response to existing impressions about what the law should be or in anticipation of issues to come.

Common law is the law created by judges when interpreting statutory law. This is how interpretation becomes very fact specific, because the courts make decisions that might differ from or clarify the letter of the law (statute) to reach the spirit of the law....and they base their decisions on the specific facts of that case. Other judges that wish to follow that example do so when the cases in front of them are factually similar.

1-4. This chapter discussed a number of sources of American law. Which source of law takes priority in the following situations, and why?
(a) A federal statute conflicts with the U.S. Constitution.
(b) A federal statute conflicts with a state constitutional provision.
(c) A state statute conflicts with the common law of that state.
(d) A state constitutional amendment conflicts with the U.S. Constitution.
Submitted: 6 years ago.
Category: Homework
Expert:  Legalwriter replied 6 years ago.



As to 1-1, the answer appears to already be there. Do you need more information for that or do you just need an answer to 1-4?

Customer: replied 6 years ago.
The answer to 1-4...and to make sure the answer for 1-1 is ok.
Expert:  Legalwriter replied 6 years ago.

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Customer: replied 6 years ago.

In addition, can you help me out with the rest of the questions