According to the Library of Congress, approximately 40,000 state and federal laws are ratified annually. For this reason, it is important to have an understanding of the manner in which a law is enacted. Imagine that your supervising attorney has approached you to research this topic.
Write a two to three (2-3) page paper in which you:
- Identify the source(s) from which the authority to legislate is derived. Determine whether or not Congress has unreasonably and unlawfully expanded upon an identified source’s authority to legislate. Provide a rationale for your response.
- Examine the value of dicta to the judicial decisions. Provide two (2) examples that illustrate the potential effect of dicta on judicial decisions.
- Use at least two (2) quality references. Note: Wikipedia and other Websites do not qualify as academic resources.
Your assignment must follow these formatting requirements:
- Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions.
- Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.
The specific course learning outcomes associated with this assignment are:
- Describe the publication and codification of statutory law, and the publication of case laws and judicial opinions.
- Research information using primary and secondary sources.
- Develop effective research strategies, and conduct effective and efficient research using conventional sources, the Internet, and computer-assisted legal research.
- Use technology and information resources to research issues in legal research and writing.
- Write clearly and concisely about legal research and writing using proper writing mechanics.
Click here to view the grading rubric for this assignment.
here are some pointers you can follow:Identify the source(s) from which the authority to legislate is derived. Determine whether or not Congress has unreasonably and unlawfully expanded upon an identified source’s authority to legislate. Provide your rationale for your response.
Here, think about the branches of government and legislative branch. Where does the branch gain authority to legislate? What are the resources relied upon for that authority? Use your research, and integrate the rExamine the value of dicta to the judicial decisions. Provide two (2) examples that illustrate the potential effect of dicta on judicial decisions.
First you should make sure you have defined and explained dicta. Then, address how dicta relates to judicial decisions. Next answer whether or not there is any value of dicta present in the decision – what is the value? Set the foundation by explaining the concept in the first part of the question. Then show what dicta is by providing 2 examples, then, assess its effect on the judicial opinion – does the dicta highlight, explain, the factors considered in the holding further, or is it a distraction, is the dicta merely red herrings. Be sure to explain and discuss your examples.
- Use at least two (2) quality references. Note: Wikipedia and other Websites do not qualify as academic resourcesesources to explain and support the positions taken. Properly cite to the work.