LEGL 2700 Notes

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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