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Chris M.
Chris M., M.S.W. Social Work
Category: Homework
Satisfied Customers: 2788
Experience:  Master's Degree, strong math and writing skills, experience in one-on-one tutoring (college English)
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1. Rachels lawyer tells her that to resolve her case, the

Customer Question

1. Rachel's lawyer tells her that to resolve her case, the court will have to engage in judicial review. This means that the case involves

A.judicial interpretation of a statute with ambiguous and unclear language.
B. an appellate court.
C. common law.
D. constitutionality of a statute, administrative regulation, or executive action.

3.David was filing his income tax return when he learned that the IRS now requires taxpayers to file several new forms. David believes that the IRS can't require him to file these forms and that only Congress can do that. Which of the following is true?

A. David has to file the forms because only agencies have the power to adopt statutes.
B. David doesn't have to file the forms because agencies have the power to adopt only nonbinding regulations.
C. David has to file the forms because agencies have the power to adopt binding regulations.
D. David doesn't have to file the forms unless Congress approves them.

4.The National Conference of Commissioners on Uniform State Laws developed a revised version of the UCC. Joe learned of this and, relying on one of the changes, acted in a way that was prohibited under the former version but permitted under the revised version. As a result, Joe was sued for his action. Both parties live in Joe's state, which is also where the transaction took place. Whether Joe wins or loses depends on

A. whether members of the commission that drafted the revision were from Joe's state.
B. which party stands to gain the most from the lawsuit.
C. which version of the UCC has been adopted by the legislature in Joe's state.
D. which version of the UCC the judge thinks is most equitable.

5.George and Tanya are in a legal dispute. However, they're friends, and they would like to control the outcome of the case rather than letting a judge or other third-party decide it. What is their best ADR option?

A. Mediation
B. Binding arbitration
C. Private civil trial
D. ADR contract clause

6. Gary sues Dennis, relying on a state law. Dennis defends himself based on a federal law involving the same subject. If Dennis wins, it will be because of

A. devolution.
B. the federal register.
C. judicial review.
D. preemption.

8. Carl was arrested under a New Jersey statute that made it a crime to be persistently unemployed. Carl argues that a similar statute was declared unconstitutional by the California state court, so the New Jersey state court is required to declare New Jersey's statute unconstitutional. Carl is wrong because

A. state courts aren't bound by precedent.
B. only federal courts can create binding precedent.
C. out-of-state cases aren't binding precedent in state courts.
D. more than one court has to rule a certain way before precedent is established.

9.Which of the following is an ADR technique in which the parties hire a retired judge or magistrate to hear their dispute?

A. Negotiated rule making
B. A summary jury trial
C. A private civil trial
D. Early neutral evaluation
Submitted: 6 years ago.
Category: Homework
Expert:  Chris M. replied 6 years ago.

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Customer: replied 6 years ago.
Yes it helps Thank you very much!
Expert:  Chris M. replied 6 years ago.
Thanks for the "accept." Glad to assist you!

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