0538452803_269380

0538452803_269380 - unconstitutional and will not be...

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BLTC-9e Sample Answer for End-of-Chapter Hypothetical Question with Sample Answer Chapter 1: The Legal Environment 1.4 Hypothetical Question with Sample Answer This chapter discussed a number of sources of American law. Which source of law takes priority in each of the following situations, and why? 1 A federal statute conflicts with the U.S. Constitution. 2 A federal statute conflicts with a state constitution. 3 A state statute conflicts with the common law of that state. 4 A state constitutional amendment conflicts with the U.S. Constitution. 5 A federal administrative regulation conflicts with a state constitution. Sample Answer: 1. The U.S. Constitution—The U.S. Constitution is the supreme law of the land. A law in violation of the Constitution, no matter what its source, will be declared
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Unformatted text preview: unconstitutional and will not be enforced. 2. The federal statute—Under the U.S. Constitution, when there is a conflict between federal law and state law, federal law prevails. 3. The state statute—State statutes are enacted by state legislatures. Areas not covered by state statutory law are governed by state case law. 4. The U.S. Constitution—State constitutions are supreme within their respective borders unless they conflict with the U.S. Constitution, which is the supreme law of the land. 5. The federal administrative regulation—Under the U.S. Constitution, when there is a conflict between federal law and state law, federal law prevails....
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This note was uploaded on 11/21/2011 for the course MGMT 4324 taught by Professor Tim during the Spring '11 term at Andhra University.

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