Describe the difference between legislation and case law
Kaplan University
PA205 – Unit 1 Assignment
1. The case study references 42.09(a)(3) of the Texas Penal Code. The statute refers to offenses against public order and decency regarding disorderly conduct. The offenses generally involve someone being offended by another’s actions. The statute includes, but is not limited to, use of vulgar or abusive language in a public place, exposing one’s genitals in a public place, displaying a firearm in a public place, and fighting with another in a public place.
2. It is the responsibility of the legislative branch to create statutes. Statutes are set in place to assist society by forbidding or directing a specific act. Statutes are not irreversible and can be changed, repealed, or overturned. An example of this happening is when the Supreme Court stated that burning of the flag was protected under the First Amendment. Texas v. Johnson, 491 U.S. 397 (1989).
3. The case involved Gregory Johnson and the state of Texas. Johnson was found guilty of desecrating an American flag and charged with violating section 42.09(a)(3) of the Texas Penal Code, but the ruling was eventually overturned. State v. Johnson, No. CCR 84-46013-J (Crim. Ct. No. 7, Dallas Cnty. Tex. Dec. 13, 1984).
4. After his arrest, Johnson pleaded not guilty in the Dallas County Criminal Court, but was convicted. State v. Johnson, No. CCR 84-46013-J (Crim. Ct. No. 7, Dallas Cnty. Tex. Dec. 13, 1984). He then appealed his case to the Texas Court of Appeals, Fifth District; however, the Court disagreed with Johnson and affirmed his conviction. Johnson v. State, 706 S.W.2d 120 (Tex. App. – Dallas 1986). Johnson once again appealed his case, this time to the Texas Court of Criminal Appeals. Johnson v. State, 755 S.W.2d 92 (Tex. Crim. App. 1988).
5. Texas v. Johnson, 491 U.S. 397 (1989)
6. The Supreme Court held that the statute was conflicting with the First Amendment and so they nullified the statue.
7.
PA205 – Unit 1 Assignment
1. The case study references 42.09(a)(3) of the Texas Penal Code. The statute refers to offenses against public order and decency regarding disorderly conduct. The offenses generally involve someone being offended by another’s actions. The statute includes, but is not limited to, use of vulgar or abusive language in a public place, exposing one’s genitals in a public place, displaying a firearm in a public place, and fighting with another in a public place.
2. It is the responsibility of the legislative branch to create statutes. Statutes are set in place to assist society by forbidding or directing a specific act. Statutes are not irreversible and can be changed, repealed, or overturned. An example of this happening is when the Supreme Court stated that burning of the flag was protected under the First Amendment. Texas v. Johnson, 491 U.S. 397 (1989).
3. The case involved Gregory Johnson and the state of Texas. Johnson was found guilty of desecrating an American flag and charged with violating section 42.09(a)(3) of the Texas Penal Code, but the ruling was eventually overturned. State v. Johnson, No. CCR 84-46013-J (Crim. Ct. No. 7, Dallas Cnty. Tex. Dec. 13, 1984).
4. After his arrest, Johnson pleaded not guilty in the Dallas County Criminal Court, but was convicted. State v. Johnson, No. CCR 84-46013-J (Crim. Ct. No. 7, Dallas Cnty. Tex. Dec. 13, 1984). He then appealed his case to the Texas Court of Appeals, Fifth District; however, the Court disagreed with Johnson and affirmed his conviction. Johnson v. State, 706 S.W.2d 120 (Tex. App. – Dallas 1986). Johnson once again appealed his case, this time to the Texas Court of Criminal Appeals. Johnson v. State, 755 S.W.2d 92 (Tex. Crim. App. 1988).
5. Texas v. Johnson, 491 U.S. 397 (1989)
6. The Supreme Court held that the statute was conflicting with the First Amendment and so they nullified the statue.
7.