Introduction to Legal Analysis and Writing
August 31, 2015
1. The case study references one state statute, identify it and explain what it prohibits?
The state statute is Texas Penal Code, section 42.09(a)(3) which prohibited the “Desecration of a venerable object.”
2. Which branch of government (executive, judicial or legislative) created the state statute?
Judicial branch for the state of Texas was used. Once completed in the three courts of Texas, the case was presented to the US Supreme Court which is also part of the Judicial branch.
3. The passage above also discusses one court case. Who were the parties involved in the case:
The case that was sited was State v Johnson, No. CCR 84-46013-J (Crim. Ct. No. 7, Dallas Cnty. Tex. Dec. 13, 1984) and the parties to the suit were Plaintiff: State of Texas, Defendant: Gregory Johnson.
4. The case was heard by three lower courts before it reached the United States Supreme County. 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.
* Texas Court of Criminal Appeals
* Texas Court of Appeals, Fifth District
* Dallas County Criminal Court
5. Provide the citation for the United States Supreme Court’s decision in this case?
US Supreme Court indicated the state could not criminalize flag desecration in order to preserve the flag as a symbol of national unity. It also held that the statute did not meet the State’s goal of preventing breaches of peace. The Court ruled that the statute was inconsistent with the First Amendment.
6. What effect did the United States Supreme Court’s decision have on the Texas statute.
The state of Texas implemented a new statute: section 42.11 Destruction of Flag.
7. Write 1-2 paragraphs explaining the difference between case law and statutory law. Focus your discussion on how case law...