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8), also known as the Statute of Proclamations, [1] was a law enacted by the English Reformation Parliament of Henry VIII. It permitted the King to rule by decree , ordering that "traditional" proclamations (that is, any unable to impose the death penalty or forfeiture of goods) [ clarification needed ] should be obeyed as "though they were ...
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According to Professor Popkin, Chief Justice John Marshall imposed a clear statement rule: "where fundamental values were at stake, statutes would not be interpreted to impair such values, absent a clear statement in the legislation.” [2] Indeed, Marshall wrote in 1805 that "Where fundamental principles are overthrown, when the general system ...
In the IRAC method of legal analysis, the "issue" is simply a legal question that must be answered. An issue arises when the facts of a case present a legal ambiguity that must be resolved in a case, and legal researchers (whether paralegals, law students, lawyers, or judges) typically resolve the issue by consulting legal precedent (existing statutes, past cases, court rules, etc.).
The literal rule is what the law says instead of what the law was intended to say. Larry Solum, Professor of Law at Georgetown University, expands on this premise: Some laws are meant for all citizens (e.g., criminal statutes) and some are meant only for specialists (e.g., some sections of the tax code).
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Constitutional law of the United States; Overview; Articles; Amendments; History; Judicial review; Principles; Separation of powers; Individual rights; Rule of law