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 the United States, there are two legal systems, namely the civil and common law. Among the numerous states in the U.S, only forty-nine adhere to the common law’s doctrine rule. There is an exception in Louisiana since it incorporates both the civil and common law in its ruling. The common law is based on legislation established in the court instead of other statutes (Llewellyn, 2016). It is mainly developed by the judiciary arm of the government, which also interprets regulations. The court will apply the interpretation to comprehend the intended purpose of the lawmakers in enforcing the rule. The court uses its understanding of the law to assess given situations in their jurisdictions. The courts of appeals help to review applications concerning legal cases to determine if they should be reversed based on the lawmakers’ original intention. The ultimate decisions made by the supreme court of appeals are beneficial to the judicial. It is because it helps guide them in making future verdicts on the premise of how the law should be applied.

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