Examine the issues of legal interpretation

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Assignment:

1. What does stare decisis mean and what is its objective value? What are your personal thoughts on precedent and its value for the future?

2. There are a couple of short videos in Canvas that examine issues of legal interpretation. What do you think is a better approach: Originalism or the Living Constitution?

3. Circle (bold or underline online) which of the two prevails in each of the scenarios?

  • A State Constitution conflicts with a Federal Statute
  • A state statute conflicts with the common law of the state
  • A Federal administrative rule conflicts with a state statute

4. Law Classification: A law passed by a state legislature states that: "Anyone caught in possession of a Michael Bolton CD is subject to a Class A misdemeanor, punishable by up to a $1,000 fine and/or up to 10 days in jail." Classify this type of law using all possible Chapter 1 classifications.

5. In Dobbs v. Jackson Women's Health, Justice Alito wrote the majority opinion and was joined by Justices Thomas, Gorsuch, Kavanaugh, Coney-Barrett, and Roberts in upholding the constitutionality of the Mississippi law. Justice Thomas also wrote an opinion. What is his opinion called?

6. Justice Breyer, who disagreed with the decision, also wrote an opinion. What is his opinion called?

Reference no: EM133353909

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