LAW421-FinalExam-STUDYGUIDE.docx

Feb 3rd, 2012
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LAW/421 Final Exam Study Guide1) Which legal process does not require a hearing officer's decision?MediationExplanation: Mediation seeks to find a mutual agreement between the disputed parties. No judge is necessary. 2) Describe jurisprudence: The study of the science and philosophy of lawExplanation: Jurisprudence is a core concept that studies society's viewpoint of legal issues and legal theory. 3) The state of California is requiring all commercial trucks to get special windshield wipers installed at a price of $1,000 a pop. It's supposed to increase safety, but this has not been fully proven. Trucks will have to go around the state to avoid the law. Is this law valid or invalid? The law is invalid. It appears to be an intrastate law, but the statute have major implications on interstate commerce.Explanation: Interstate commerce is a federal affair and thus makes this law invalid. 4) Where does the power of preemption come from?Supremacy Clause of the US ConstitutionExplanation: Supremacy puts federal more law above state law, aka Preemption. 5) Name a major issue with international courts?It's difficult to enforce rulings on sovereign nationsExplanation: Sovereign nations have no good reason to follow rulings set in international courts. 6) In the United States, who typically pays the cost of litigation when it comes to the plaintiff and defendant?The plaintiff and defendant usually pay for their own legal costsExplanation: Alt

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