Question
3. When there is a direct conflict between a decision by the federal Environmental Protection Agency (EPA) on a matter that comes within the EPA's
3. When there is a direct conflict between a decision by the federal Environmental Protection Agency (EPA) on a matter that comes within the EPA's jurisdiction and a Delaware state law
(a) Delaware's state law takes precedence.
(b) both the EPA decision and the Delaware state law are invalid.
(c) both the EPA decision and the Delaware state law apply.
(d) the EPA's decision takes precedence.
(e) Delaware's state law takes precedence as long as Washington, D.C. has a similar law.
4. In Alpha v. Gamma, a state supreme court held that a minor could cancel a contract for the sale of a car. Now a court in the same state is deciding Beta v. Sigma, a case with similar facts. Under the doctrine of stare decisis, the court in Beta v. Sigma is likely to:
(a)disregard Alpha v. Gamma because the facts are not exactly
the same as in Beta v. Sigma .
(b)order the minor to cancel the contract.
(c)allow the minor to cancel the contract.
(d)require the minor to fulfill the contract.
(e)disregard Alpha v. Gamma because the state supreme court does not have jurisdiction over a court in the same state.
5. Stare decisis means
(a) interpreting statutes decisively.
(b) separation of powers so that decisions are not made by a single branch of government.
(c)following precedent so that legal principles in earlier cases are followed in later cases.
(d)spending long periods of time looking at facts before making a decision.
(e)independently deciding each case without reference to similar cases.
6.Four of the following statements are true, and one is false. Which one is FALSE?
(a)An intermediate appellate court does not allow the introduction of new testimony or evidence.
(b)The U.S. Supreme Court is required to hear every case where one of the parties asks the Court to hear it.
(c)The concept of standing requires that the plaintiff have a stake in the outcome of the case that is filed.
(d)There is concurrent state and federal jurisdiction for diversity of citizenship cases so long as the minimum amount in controversy is met.
(e)General jurisdiction trial courts hear evidence and testimony.
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