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It is the practice for the Attorney General, along with many other public officials, to give resignation with effect on the Inauguration Day (January 20) of a new President. The Deputy Attorney General , who is also required to tender their resignation, is commonly requested to stay on and act as Attorney General pending the confirmation by the Senate of the new Attorney General.

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In a common law jurisdiction several stages of research and analysis are required to determine “what the law is” in a given situation. 43 First, one must ascertain the facts. Then, one must locate any relevant statutes and cases. Then one must extract the principles, analogies and statements by various courts of what they consider important to determine how the next court is likely to rule on the facts of the present case. Later decisions, and decisions of higher courts or legislatures carry more weight than earlier cases and those of lower courts. 44 Finally, one integrates all the lines drawn and reasons given, and determines “what the law is”. Then, one applies that law to the facts.

Many laws include Lex Canuleia (445 BC; which allowed the marriage—ius connubii—between patricians and plebeians ), Leges Licinae Sextiae (367 BC; which made restrictions on possession of public lands—ager publicus—and also made sure that one of the consuls was plebeian), Lex Ogulnia (300 BC; plebeians received access to priest posts), and Lex Hortensia (287 BC; verdicts of plebeian assemblies—plebiscita—now bind all people).