Question: How does statutory law come into existence? How does it differ from the common law? If statutory law conflicts with the common law, which will

  1. How does statutory law come into existence? How does it differ from the common law? If statutory law conflicts with the common law, which will govern?
  1. Until recently, every state had a statute outlawing the burning of American flags. But in Texas v. Johnson, the Supreme Court declared such statutes unconstitutional, saying that flag burning is symbolic speech protected by the First Amendment. Does Congress have the power to overrule the Courts decision?
  1. You are a trial court judge in Iowas state court system and that Sampson v. Partridge is one of the civil cases that you must decide. Your research has revealed that the critical issue in Sampson is the same issue presented in Capitol v. Davidson, a 1998 decision of the Supreme Court of Iowa (the highest appellate court in the Iowa system). The Capitol decision established a new common law rule for Iowa. Your research has also revealed that in 2009, the Iowa legislature enacted a statute that states a rule different from the common law rule established in Capitol. You believe, however, that the 2009 statute offers an unwise rule, and that the common law rule set forth in Capitol amounts to much better policy. In deciding the Sampson case, are you free to apply the Capitol rule? Why or why not?

  1. Arthur Rabe is suing Xavier Sanchez for breaching (breaking) a contract in which Sanchez promised to sell Rabe a Van Gogh painting for $150,000. Assume you are the trial judge in the trial court hearing the case and answer the following questions:
    1. In this lawsuit, who is the plaintiff and who is the defendant?
    2. Rabe wants Sanchez to perform the contract as promised. If you agree with Rabes request, what remedy will you grant?
    3. Suppose that Rabe wants to cancel the contract because Sanchez fraudulently misrepresented the painting as an original Van Gogh when in fact it is a copy. If you agree to this request, what remedy will you grant?
    4. Will the remedy Rabe seeks in either situation be a remedy at law or a remedy in equity?
    5. Suppose that you find in Rabes favor and grant one of these remedies. Sanchez then appeals to a higher court. On appeal, which party will be the appellant (or petitioner) and which party will be the Appellee (or respondent)?

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