BLAW 243 PPT QUESTIONS and answers
2024
Which of the following options is NOT a "primary source of law"?
-Local ordinances: laws made by local legislative body
-Legal treatises: encyclopedia, interpretations of laws; secondary source
-Court opinion/decision: final resolution of the court; court's pronouncement how
the law is to be applied, can be cited as a legal source of law
-A state constitution: always can consider as sources of law - Legal treatises:
encyclopedia, interpretations of laws; secondary source
What document is known as the supreme law of the US? - US Constitution
What is the role of the court if a question arises that involves a constitutional
question? - To interpret and apply the law; through this, those outcomes produce
laws themselves (secondary role is to create laws)
The New York legislature has passed a law that conflicts with a provision in the
U.S. Constitution. If challenged...
-A court will not enforce either provision
-The court will establish a compromise between the two provisions
-A court will enforce the New York state provision
,BLAW 243 PPT QUESTIONS and answers
2024
-A court will enforce the U.S. Constitution - -a court will enforce the US
Constitution
..If law conflicts with constitution, it's unconstitutional and can't be a law
The North Dakota state legislature has passed a provision that requires companies
that burn coal to meet more rigorous clean air standards than those required by
the U.S. "Clean Air Act." If challenged, is a court likely to enforce the North Dakota
law?
-Yes
-No - Yes
... Laws can't be less than a constitutional law, but they can be better. Must meet
national standard.
The states of Delaware and New Jersey have enacted different catch limits for
recreational flounder fishermen. Delaware enacted its catch limits prior to N.J.
The federal government has not enacted a federal catch limit. If challenged, which
state's law will be deemed valid?
-Delaware
, BLAW 243 PPT QUESTIONS and answers
2024
-NJ
-Both - Both
Consider model/uniform codes and choose which of the following is incorrect:
-Uniform codes are the law of the applicable jurisdiction at the time they are
written
-Uniform codes must be adopted by a state legislature before they become law
-Even if a uniform code is not enacted, the code can have persuasive value
-A state may adopt part of a uniform law, but opt to reject other portions -
Uniform codes are the law of the applicable jurisdiction at the time they are
written
Carol, owner of a land development corporation, has just learned that the Office
of Environmental Protection is considering adopting more stringent testing
measures to verify the presence or absence of protected species on undeveloped
land. Will Carol have an opportunity to view the proposed regulations and voice
her opinion prior to official adoption of the regulations?
-Yes
-No - Yes
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