1. People for Change, a Mississippi nonprofit organization (fictitious), files suit against the U.S. Department of Health. The suit alleges that a regulation adopted by the U.S. Department of Health violates the Mississippi Constitution. Identify the various sources of law and explain how each ranks in order of controlling authority. Based upon your discussion, explain whether People for Change or the U.S. Department of Health is likely to win the lawsuit and why.
2. Explain what “common law” is and how it developed (i.e., who “makes” the law). What is “stare decisis” and what role does it play with respect to common law?
o Requirements: 250 words minimum for each question
Answer preview
In Latin, the reviews made by the appellate courts are referred to as the stare decisis. This statement interprets to letting the final decision n made to stand. The legal doctrine serves the role of ensuring courts adhere to previous decisions made in historical cases when creating a rule with similar facts (Schauer, 2019). The written opinion by the judges in the courts becomes the common law in the underlying jurisdiction. It allows courts to create common rules based on the given statute. In other instances, common law is referred to as case law or precedent by judges. The written decisions of the judges are essential for lower courts to apply in similar jurisdictions.
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