What are the relationships between different sources of law? How do we make a determination of when different sources of law may “supersede” one another? How can a legal researcher make such determinations? Which jurisdiction will actually try a case?
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he relationship between different sources of law;
-they are legally binding
-the application of the laws depends on the legal matter
-different sources of law complement each other.
The Constitution and the interpretation by the Supreme Court makes a determination that different sources of law ‘supersede’ one another.
A legal researcher can make such a determination by;
-evaluating the constitutional provisions
-researching on the jurisdiction and relevance of the sources of law
The court jurisdiction will actually try a case.
The relationship between different sources of law;
-they are legally binding-the different sources of law are the constitution, the statutes, case laws and common law . These sources of law are legally binding to all the citizens in a country.
-the application of the laws depends on the legal matter-the source of law to be used during trial depends on the legal matter that is being resolved.
-different sources of law complement each other-the statutes, the case laws and the common law complements the US constitution which is the main source of law.
The Constitution and the interpretation by the Supreme Court makes a determination that different sources of law ‘supersede’ one another. The Constitution has specific provisions that elaborates when the different sources of laws can be applied. In addition, the Supreme Court plays a major in interpreting the different sources of law and how they can be used. This would also indicate the sources of law that supersedes others.
A legal researcher can make such a determination by;
-evaluating the constitutional provisions-the legal researcher should evaluate the constitution to determine the laws that supersede each other.
-researching on the jurisdiction and relevance of the sources of law-additional research on the jurisdiction, relevance and constitutionality of different sources of law can also be used to make a determination on the source of law that supersedes others.
The court jurisdiction will actually try a case. A case is legal dispute that needs to be resolved . The legal disputes can be criminal or civil cases . In the criminal justice system , the courts have the jurisdiction to try or resolve a case. The court relies on the evidence provided from different sources to resolve the cases.
Reference;
https://www.thebalancesmb.com/what-is-jurisdiction-in-lawsuits-398309