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Michigan Compiled Laws
The law of Michigan consists of several levels, including constitutional, statutory, regulatory and case law. The ''Michigan Compiled Laws'' form the general statutory law. Sources The Constitution of Michigan is the foremost source of state law. Legislation is enacted by the Michigan Legislature, published in the ''Michigan Acts of the Legislature, Acts of the Legislature'', and codified in the ''Michigan Compiled Laws''. State agency regulations (sometimes called administrative law) are published in the ''Michigan Register'' and codified in the ''Michigan Administrative Code''. Michigan's legal system is based on common law, which is interpreted by case law through the decisions of the Supreme Court and Court of Appeals, which are published in the ''Michigan Reports'' and ''Michigan Appeals Reports'', respectively. Constitution The foremost source of state law is the Constitution of Michigan. The Michigan Constitution in turn is subordinate to the Constitution of the United St ...
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Regulation
Regulation is the management of complex systems according to a set of rules and trends. In systems theory, these types of rules exist in various fields of biology and society, but the term has slightly different meanings according to context. For example: * in government, typically regulation (or its plural) refers to the delegated legislation which is adopted to enforce primary legislation; including Land-use planning, land-use regulation * in economy: regulatory economics * in finance: financial regulation * in business, industry self-regulation occurs through self-regulatory organizations and trade associations which allow industries to set and enforce rules with less government involvement; and, * in biology, gene regulation and metabolic regulation allow living organisms to adapt to their environment and maintain homeostasis; * in psychology, self-regulation theory is the study of how individuals regulate their thoughts and behaviors to reach goals. Forms Regulation in the ...
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North Western Reporter
The ''North Western Reporter'' and ''North Western Reporter, Second Series'' are United States regional Reporter (law), case law reporters. It is part of the National Reporter System created by John B. West for West Publishing Company, which is now part of Thomson West. The North Western Reporter contains published appellate court case decisions for: * Iowa * Michigan * Minnesota * Nebraska * North Dakota * South Dakota * Wisconsin When Case citation, cited, ''North Western Reporter'' and ''North Western Reporter, Second Series'' are abbreviated "N.W." and "N.W.2d", respectively. References National Reporter System {{US-law-stub ...
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Michigan Court Of Appeals
The Michigan Court of Appeals is the intermediate-level appellate court of the state of Michigan. It was created by the Michigan Constitution of 1963, and commenced operations in 1965. Its opinions are reporter (law), reported both in an official publication of the State of Michigan, ''Michigan Appeals Reports'', as well as the unofficial, privately published ''North Western Reporter'', published by Thomson West, West. Appeals from this court's decisions go to the Michigan Supreme Court. History The court originally had only nine judges. The number was steadily increased by the Michigan Legislature to accommodate the court's growing caseload—to 12 in 1969, to 18 in 1974, to 24 in 1988, and to 28 in 1993. In 2012, Michigan Governor Rick Snyder signed into law legislation which provided for the transition of each of the court's 4 election districts to 6 judges, which will bring the court back to 24 judges over time through attrition. Overview The court has 25 judges who are ele ...
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Michigan Supreme Court
The Michigan Supreme Court is the highest court in the U.S. state of Michigan. It is Michigan's court of last resort and consists of seven justices. The Court is located in the Michigan Hall of Justice at 925 Ottawa Street in Lansing, the state capital. Operations Each year, the Court receives approximately 2,000 new case filings. In most cases, the litigants seek review of Michigan Court of Appeals decisions, but the Supreme Court also hears cases of attorney misconduct (through a bifurcated disciplinary system comprising an investigation and prosecution agency – the Attorney Grievance Commission – and a separate adjudicative agency – the Attorney Discipline Board), judicial misconduct (through the Judicial Tenure Commission), as well as a small number of matters over which the Court has original jurisdiction. The Court issues a decision by order or opinion in all cases filed with it. Opinions and orders of the Court are reported in an official publication, ''Michig ...
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Legal Opinion
In law, a legal opinion is in certain jurisdictions a written explanation by a judge or group of judges that accompanies an order or ruling in a case, laying out the rationale and legal principles for the ruling. Opinions are in those jurisdictions usually published at the direction of the court, and to the extent, they contain pronouncements about what the law is and how it should be interpreted, they reinforce, change, establish, or overturn legal precedent. If a court decides that an opinion should be published, the opinion may be included in a volume from a series of books called law reports ('reporters' in the United States). Published opinions of courts are also collectively referred to as case law, and constitute in the common law legal systems one of the major sources of law. Memorandum opinion Not every case decided by a higher court results in the publication of an opinion; in fact, many cases do not, since an opinion is often published only when the law is bein ...
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Case Law
Case law, also used interchangeably with common law, is a law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called "case law", or precedent. ''Stare decisis''—a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions. These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory law, which are established by executive agencies based on statutes. In some jurisdictions, case law can be applied to ongoing adjudication; for example, criminal proceedings or family law. In common law countries (including the United Kingdom, United States, Canada, Austral ...
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Judicial Review
Judicial review is a process under which a government's executive, legislative, or administrative actions are subject to review by the judiciary. In a judicial review, a court may invalidate laws, acts, or governmental actions that are incompatible with a higher authority. For example, an executive decision may be invalidated for being unlawful, or a statute may be invalidated for violating the terms of a constitution. Judicial review is one of the checks and balances in the separation of powers—the power of the judiciary to supervise (judicial supervision) the legislative and executive branches when the latter exceed their authority. The doctrine varies between jurisdictions, so the procedure and scope of judicial review may differ between and within countries. The judiciary in United States has been described as having unusually strong powers of judicial review from a comparative perspective. General principles Judicial review can be understood in the context o ...
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English Law
English law is the common law list of national legal systems, legal system of England and Wales, comprising mainly English criminal law, criminal law and Civil law (common law), civil law, each branch having its own Courts of England and Wales, courts and Procedural law, procedures. The judiciary is judicial independence, independent, and legal principles like Procedural justice, fairness, equality before the law, and the right to a fair trial are foundational to the system. Principal elements Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Act of Parliament, Acts of Parliament, Statutory Instrument, regulations and by-laws. In the absence of any statutory law, the common law with its principle of ''stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both United Kingdom l ...
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Reception Statute
A reception statute is a statutory law adopted as a former British colony becomes independent by which the new nation adopts, or receives, the English common law (and in some cases the statute law) before its independence to the extent not explicitly rejected by the legislative body or constitution of the new nation. Reception statutes generally consider the English common law dating prior to independence, as well as the precedents originating from it, as the default law because of the importance of using an extensive and predictable body of law to govern the conduct of citizens and businesses in a new state. All US states have either implemented reception statutes or adopted the common law by judicial opinion, but there is a special case of partial reception for Louisiana. Initial reception of English common law In '' Commentaries on the Laws of England'', Sir William Blackstone described the process by which English common law followed English colonization: In other words, ...
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Louisiana
Louisiana ( ; ; ) is a state in the Deep South and South Central regions of the United States. It borders Texas to the west, Arkansas to the north, and Mississippi to the east. Of the 50 U.S. states, it ranks 31st in area and 25th in population, with roughly 4.6 million residents. Reflecting its French heritage, Louisiana is the only U.S. state with political subdivisions termed parishes, which are equivalent to counties, making it one of only two U.S. states not subdivided into counties (the other being Alaska and its boroughs). Baton Rouge is the state's capital, and New Orleans, a French Louisiana region, is its most populous city with a population of about 363,000 people. Louisiana has a coastline with the Gulf of Mexico to the south; a large part of its eastern boundary is demarcated by the Mississippi River. Much of Louisiana's lands were formed from sediment washed down the Mississippi River, leaving enormous deltas and vast areas of coastal marsh a ...
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Michigan Department Of Licensing And Regulatory Affairs
The Michigan Department of Licensing and Regulatory Affairs (LARA), originally the Department of Commerce among other names, is a principal department in the Michigan executive branch that oversees employment, professional licensing, construction, and commerce. History The department, as the ''Department of Commerce'', was formed in 1965 by Section 225 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.325. The Michigan Department of Licensing and Regulation was abolished with most responsibilities transferred to the newly formed Department. It was renamed the Department of Consumer and Industry Services under an executive order issued in 1996 by Governor John Engler, merging most of the Department of Labor within the Department of Commerce. Engler also transferred some responsibilities of the former Commerce Department to the Michigan Jobs Commission. Governor Engler created the Office of Financial and Insurance Regulation as a Type I agency within the departm ...
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