Quiz 1: Law and Legal Reasoning
Common law and statutory law Most states adopted common law pertaining to the legislative degree. However state legislature does not assume its obligation towards passing the statues they comply with the common law and does not comply with the statues that supersede the common law. Thus common law acts as primary authority pertaining to the areas where legislature has not acted. Therefore the difference between the common law and statutory law is shown below:
California legislature passes a law restricting carbon dioxide emissions from automobiles in the state. A suit is filed by the group of automobiles manufacturers claiming that a federal law already sets fuel economy standards which are same as carbon dioxide emission. In this case automobile manufacturers are the plaintiffs, and the state of California is the defendant.
Natural law Natural law basically refers to universal moral principles that are unwritten which underlie the legal and ethical norms pertaining to conduct of humans so as to govern and examine the same. However it always contradicts with positive law which comprises of rules in writing being laid down by the government. Therefore the individual who adhere to the philosophy of natural law are naturalists. In this case, the laws that were criminalized involve extermination, murder, deportation, enslavement and other acts being conducted against common man. Since natural law is one of the oldest and significant school pertaining to jurisprudence that holds legal system and government to act as ethical and moral ideals. Since most of the international law ascertain their legitimacy from natural law. Thus natural law is discoverable and universal as it is considered as supersedes law. Since N defendant states that they acted in accordance with the law prescribed by G. however the court rejected the claim and stated that the act is commonly known as crime and the accused should keep in mind that the act would be criminalized. Since the fat that shows the irrelevance pertaining to the act being committed by defendant as per the positivist law of G. Hence it is ascertained that defendant was guilty of crime against the humanity and the court discretion is justified.