LEGL 2700 Notes

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● If you do not make it through procedural law you do not make it to an actual trial ● The law can change ● Statutory law replaces common law, and common law fills in the gaps ● Judicial restraint: Although judges can interpret laws it is improper to do so ● Judicial Activism: It is just for judges to interpret the law ● Judicial Review: Judges have the ability to look at laws passed by legislators and can strike them down if they think it is unjust ● Mandamus: calling of a government official to do something they have to do ○ Goes directly to the Supreme Court ● The supreme court interprets law and deems if it is constitutional or not ○ Due to the Marbury v. Madison Case ● Any court has the power to strike down laws as unconstitutonals ○ Called judicial review ● Due process of law: There has to be something in the laws allowing for the government to do what they do to people ○ Substantive due process: A conviction can be ignored if the law is unjust
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