The arguments developed by a judge do not reflect any form of written policy or other documented law. Any judge would be well informed about the type and nature of a case, therefore ruling would touch on both logic and sense keeping in mind that the ruling cannot be disputed by another court Greve, In cases of appeal, precedent is applied in that law made by a previous judge would be used to argue out the need for appeal and rehearing of cases.
American law has a number of sources that range from case law, statutory law, administrative law, court rules, and constitutional law. These sources are different and their way and manner of handling cases and making decisions differs from each other. Why is this the eason? Case law or commonly known as the common law does not depend on arguments of a documented doctrine but rather the logic of a court or a judge.
For example, a farmer accused of firearm possession can bail himself by producing a certificate of ownership. However, this is not the case if the firearm in question is a military riffle. A judge would like to know why a farmer would possess a military riffle. Many arguments may be developed from this type of case but the judge or the court would make the final decision-making over this particular case.
Statutory law is law that is documented as a doctrine to be followed in states and it presides over municipality laws or ordinances. Statutory law is not all round binding for it can be nullifies of invalidated if it conflicts with federal law.
In the USA, many states have different kinds of laws prohibiting and allowing certain behaviors and activities. However, as the federal laws assess these statues, some activities are allowed as legal under all ordinaries like the freedom of choosing religion. The legislative branch has the authority to punish criminal activities but it is limited to a certain code. According to the first amendment to the federal constitution prohibits the punishment of individuals following their choice of religion.
Administrative law as another source of American law administers and regulates the activities of the government. Under the legislative branch, administrative law is active at the state level within which government procedures are administered and regulated accordingly. Administrative law is divided into two but it is usually treated as one, however, the activities of each branch differentiate one from the other; these branches as discussed above are administrative and regulation.
In the state of Indiana, the administrative branch is responsible for administering aid distribution to those considered needy. On other hand, the regulatory board is responsible and in charge for regulating distribution of medical supply to health center.
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Australian Anti Discrimination Law. An existing client, Adult Entertainment Professionals Australia Inc. (AEPA), seeks advice regarding possible law reform. Healthcare Law. Discuss a provision of the ACA which you favor or disagree with. What is the basis of your agreement or disagreement? What legal issues are involved?