Legal Question in Criminal Law in New Jersey
State constitution follow up.
Thank you so much for your reply.
still puzzled, how then does the court
determine the class of violation,
standing to sue or be sued,
relief,etc., if those are not in the
relevant constitutional clause?
thanks again.
original Q: Is there a cause of action
where the state constitution
disallows an activity, but no statute
is consequently passed? Can a
person still be sued? is the activity
strictly illegal?
1 Answer from Attorneys
Re: State constitution follow up.
It all comes down to case law. A statute is not that different from provision in a constitution. They both are very short. They say you cannot do something. But what does each word mean, who does is apply, how do you apply something written 200+ years ago to today? Caselaw.
This is not the proper forum to give you a law school education. If you want to learn about case law, which use to be known as common law, I suggest you hop on google. If you think you have an action against someone, post what happened on here and someone will get back to you. Or, just call up a civil attorney and make an appointment.