Exam 2: Sources of the Law

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Courts today rely on precedent according to the principle of stare precedentus,which means "let the decision stand."

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False

The Electoral College was a political compromise created so that the President would be chosen by electors,rather than directly by the people.

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True

________ subdivided into groupings of statutes that deal with a particular area of the law are called ________.

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In 2017,when President Trump rescinded former President Obama's 2012 DACA order,opponents of Mr.Trump claimed that the rescission order violated the: ________.(See The Opening Case,Round 1).

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California's introduction of SB 54 to declare California a "Sanctuary State" may involve a clash with the federal government under the Supremacy Clause of the U.S.Constitution.

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Stanley runs a business in Middletown.He knows bribing an officer in return for favorable duties is a crime.However,he avoids "bribery" by sending "gifts" to the sheriff as a token of appreciation for the officer's services to the town.The sheriff is impressed by Stanley's act and ensures that his business is "well protected." Analyze the situation.

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The law is a delicate balancing act.This is evident because:

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Stare decisis means "let the decision stand."

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An executive memorandum is a device by which the president can act on his own without having to resort to the somewhat cumbersome process of going through Congress.

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According to the John M.Keynes' Uncertainty Principle,intent and results almost never coincide in economics,but when they do it is merely a matter of luck.

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The ________ created ________ dealing with the sale and licensing of digital information,and the ________ dealing with the enforceability of cyber-contracts.

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The original intent of the Bill of Rights was to protect the rights of slave owners among the southern colonies.

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Under the doctrine of ________,courts determine the constitutionality of statutes,regulations or executive actions and must rely upon any ________ in their analysis.

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Helen,a 15-year-old citizen of Illinois,was about to go to the doctor for an abortion when the Supreme Court of Michigan ruled that minors could not receive an abortion without parental consent.What effect might the Michigan Supreme Court's decision have on Helen?

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In a case presented to a Philadelphia court,the judge and the jury realize that no specific statute is applicable and decide to refer to previously recorded legal decisions made in similar cases.Discuss.

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Pierce was arrested under a city ordinance that made distributing handbills on the city streets a crime.Pierce argued that the U.S.Constitution guaranteed his right to free speech under the First Amendment.The local prosecutor argued that the First Amendment to the U.S.Constitution did not apply to state laws.Was the prosecutor correct? Explain.

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A local city council enacts an ordinance that prohibits aircraft from taking off before 7:00 A.M. ,disturbing the city's residents.An airline whose schedule is subject to federal regulation challenges this ordinance.Discuss the legal basis of this challenge and the likely outcome.

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The ________ is a unified set of statutes designed to govern almost all commercial transactions.

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To help prevent any conflict of interest that could arise from overlapping responsibilities of creating and enforcing rules and regulations,Congress passed the federal Administrative Procedures Act (APA).

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Outside of the Bill of Rights,what is widely recognized as the most important amendment to the U.S.Constitution?

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