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Politics : Formerly About Advanced Micro Devices -- Ignore unavailable to you. Want to Upgrade?

To: i-node who wrote (176836)	10/21/2003 12:01:51 AM
From: tejek	Read Replies (2) \| Respond to of 1576189

Read what you posted......."most [new] case law relies on precedent, or past case law". I know of no situation where there has not been "precedent, or original case law". And isn't that what I said. The Miranda act was redefining and expanding the meaning of the EXISTING 5th amendment. It was not creating new law but rather expanding existing law. While it may seem to you to be a minor point, it is not. It didn't legislate.. No, it didn't. It created new case law through its opinion. Case Law Description: Case law consists of the written opinions of judges giving the verdict in a particular case and the reasoning behind it, including citations to relevant statutes and other cases. Most case law relies on precedent, or past case law. Each published case is binding on the court below. Another term for case law is "common law." Case law is basically judge-made law. Case law is distinct from statutory law. Case law is not actually codified by legislatures. It is created by judges, but is binding on lower courts. For instance, if the Supreme Court decided on an issue, their decision becomes law. For example, when the Supreme Court ruled that Miranda warnings were required, it became the law across the United States, even though no legislature passed the law or codified it. Similarly, a if a state supreme court rules on a case, the ruling becomes the law of the state, though it is not binding on other states. Come on, man. Give it up. Say it. "I WAS WRONG". It is tough, but you can do it. legal-database.com ROTFLMAO PS - If you really want to blow your mind, I suggest you consider the decision in Marbury v. Madison in the context of this discussion.