Question
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
select answer
. 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
select answer
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
select answer
. The system of prior court opinions is called
select answer
.
Assessment question
The California court will follow the decision of the United States Supreme Court because of the doctrine of
select answer
. The United States Supreme Court decision is
select answer
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
select answer
enforce the clause in the contract.
Assessment question
Because of the precedent set, the California court
select answer
dismiss the suit and the case will be heard in
select answer
.
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
select answer
in California. Without the prior guidance, the California courts likely would look to
select answer
authorities to help them reason through a decision.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started