Question
1.Explain doctrine of stare decisis and why it is important to our legal system? 2. Describe the two common situations when a federal court has
1.Explain doctrine of stare decisis and why it is important to our legal system?
2. Describe the two common situations when a federal court has jurisdiction to hear a case?
3.Explain what discovery is used for in the civil litigation process and give an example and descriptionof two types of discovery methods.
4.Which source of law takes priority in the following situations? Highlight (or somehow clearly indicate) the answer in each sentence. 1 point each.
a. A federal administrative regulation conflicts with a state constitution.
b. A state statute conflicts with the common law ruling from the Supreme Court of that state.
5.
Karen, an Overland Park, KS resident, suffers from multiple sclerosis and experiences significant pain and discomfort at times. To help treat her, Karen's doctor has prescribed medical marijuana. In an effort to save money, Karen now grows marijuana in her basement, sometimes asking her 21-year-old nephew Mike to help her with the production. As a thank you for his help, Karen lets Mike take some of the marijuana to share with his friends.
Assume for the purposes of this scenario that the Kansas legislature has recently passed a law legalizing the use of marijuana for both medicinal and recreational purposes. Recreational marijuana use continues to be illegal in Missouri and other surrounding states. At the federal level, the Controlled Substances Act (CSA) makes it illegal to manufacture, distribute, dispense, or possess with the intent to manufacture, distribute, or dispense controlled substances, including marijuana.
The U.S. federal government has legally discovered Karen and Mike's activities and plans to prosecute both of them under the CSA
Questions:
a. What will be Karen's and Mike's best defense?
b.What rule of law will impact the court's decision?
c. Will Karen, or Mike, or both be found guilty or innocent?
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