Common law and/ or case law. They look at the law from the view of the people of jury decisions. This tells them what America and the society thinks out side the law books and lawyers which is common law thus the term case law.
the Supreme Court will review their past decisions and analysis in cases they have decided. Due process is based upon fundamental fairness and rights. Thus, depending on the law which the person says is violated, depends what cases the Court will review and reference to.
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Common law and/ or case law. They look at the law from the view of the people of jury decisions. This tells them what America and the society thinks out side the law books and lawyers which is common law thus the term case law.
the Supreme Court will review their past decisions and analysis in cases they have decided. Due process is based upon fundamental fairness and rights. Thus, depending on the law which the person says is violated, depends what cases the Court will review and reference to.
Strict Scrutiny - government action must be necessary to protect a compelling governmental interest
look up "habeas corpus"