Case Study Unit 1
1. Violated section 42.09(a)(3) of the Texan Penal Code, which prohibited the “desecration of a venerable object”.
2. The legislative branch created the state statue
3. The parties involved were, Gregory Johnson and the State of Texas
4. (a)Texas court of Criminal Appeals, (b)Texas Court of Appeals, and (c)Dallas County Criminal Court
5. Texas v. Johnson, 491 U.S. 397 (1989)
6. It overturned the first conviction from the Dallas County Criminal Court
Case law and statutory law are different from each other. From the way that they are executed out, to the way that they are written. Case law is based on precedent where statutory law is laws that are written that is decided by our state and federal legislator. Case laws are created by our own district judges. When a judge hears a case, he is going by a decision of similar cases prior to the one he is hearing. If no law has been found to the case at hand, he has the authority to make it into a new case law.
Statutory laws are laws that are made by our federal government. They can be put in place to meet the needs of the people of the US or to resolve an issue that is outstanding in the federal court system. Case law is held up in our state and district courts. While the statutory laws, are held up in our federal courts system.
These laws can both be changed by the issuing court system. Case law with the state and district courts that originally issued them, and statutory laws, with the federal court system.