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In deciding whether to dismiss the suit, the court in California first should look to secondary sources of law, or sources that establish the law.

In deciding whether to dismiss the suit, the court in California first should look to

secondary

sources of law, or sources that establish the law. Another resource for the court are the

statutes

passed by the United States

Congress

and the state

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. If the court cannot find any sources of law that establish or direct their decision to dismiss the suit, the court should then turn to

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sources of law for guidance.

Assessment question

If the California court turns to prior court opinions to determine if it should dismiss the suit, it is looking for

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. The system of prior court opinions is called

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.

Assessment question

The California court will follow the decision of the United States Supreme Court because of the doctrine of

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. The United States Supreme Court decision is

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on the California courts. Because of the United States Supreme Court opinion and the prior California cases regarding clauses of this type, the California court

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enforce the clause in the contract.

Assessment question

Because of the precedent set, the California court

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dismiss the suit and the case will be heard in

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.

Assessment question

What If the Facts Were Different?

What if the United States Supreme Court had not issued the prior opinion and California courts also had not decided that those clauses contravene a strong public policy?

This case would be a case of

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in California. Without the prior guidance, the California courts likely would look to

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authorities to help them reason through a decision.

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