Exam 2: Sources of the Law

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. The principle of supremacy-the commerce clause in this case-allows federal regulations enacted under Constitutional authority to be superior to state law. The airline wins.

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

Once a federal regulation is finalized, it is included in the:

Generally, if the Florida Supreme Court issues a decision, that decision would be considered:

If Texas signed a trade agreement with Mexico which established tariffs and importing conditions for goods made in Mexico, the U.S. Constitutional objection to Texas' actions would be based upon the:

Lillian, who now lives in Oregon, was charged by an Idaho court with molesting several children while she worked for Idaho Social Services. Lillian could be brought back to Idaho for trial based on:

The common law is the body of previously recorded legal decisions made by courts in specific cases.

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

A ____________ is a network of interacting conditions which ____________ one another, while at the same time ____________ change from agents outside and inside the system.

In his book, Law and History, Professor Anthony Chase writes that the balance between the spirit and the letter of the law is one of the most obvious dualities in the law.

Generally, if there are no modern court decisions or statutes dealing with an issue in dispute, the court hearing the case will:

A court decides that a state agency, rather than a federal one, can control what government employees, in the course of performing their duties, are permitted to talk or write about in relation to official policies, procedures, and programs. Such a prohibition might appear to violate the employee's Constitutional right of free speech as a U.S. citizen. Analyze.

Originally, the Bill of Rights was not included in the Constitution because many founders believed that the power to regulate and protect rights, if it existed at all, was the responsibility of the states, not the national government.

Persuasive precedent is a precedent that courts must follow.

When Arizona passed state statutes to inspect the identification papers of illegal immigrants, the ____________ sued the State of Arizona claiming the state statutes violated the ___________ Clause of the U.S. Constitution.

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

The language of the law helps in the execution of the law.

Statutory interpretation is the process of determining the constitutionality of various legislative statutes, administrative regulations, or executive actions.

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

Article III of the U.S. Constitution gives executive power to the President.