Unit 1 Assignment
PA205-03 UNIT 1 ASSIGNMENT
CASE STUDY QUESTIONS
1. The case study references one state statute. Identify it and explain what it prohibits.
My understanding of the case study is that the identifiable state statute is section 42.09(a)(3) of the Texas Penal code, which prohibited the “desecration of a venerable object.”
2. Which branch of government (executive, judicial, or legislative) created the state statute?
The legislative branch of ...view middle of the document...
4. The case was heard by three lower courts before it reached the United States Supreme Court. List those three courts in order, beginning with the court that has the most authority and ending with the court that has the least amount of authority.
Most authority = Texas Court of Criminal Appeals
Middle authority = Texas Court of Appeals, Fifth District
Least authority = Dallas County Criminal Court
5. Provide the citation for the United States Supreme Court’s decision in this case.
After hearing the oral arguments and reading the parties’ appellate briefs, the Supreme Court, in a 5-4 vote, affirmed the decision of the Texas Court of Criminal Appeals. Texas v. Johnson, 491 U.S. 397 (1989).
6. What effect did the United States Supreme Court’s decision have on the Texas statute?
Because of the Supreme Court’s decision to uphold that which was already made by the Texas Court of Criminal Appeals, the statute in question was struck down.
7. Write 1-2 paragraphs explaining the difference between case law (like the court cases above) and statutory law (like the state statute above). Focus your discussion on how case law and statutes are