CHAPTER_3_ANSWERS_TO_PROBLEMS

CHAPTER_3_ANSWERS_TO_PROBLEMS - C HAPTER3 LEGALPROCESS 1...

Info iconThis preview shows pages 1–2. Sign up to view the full content.

View Full Document Right Arrow Icon
CHAPTER 3 LEGAL PROCESS 1 ANSWERS TO PROBLEMS FOR CHAPTER 3 1. On June 15, a newspaper columnist predicted that the coast of State X would be flooded on the following September 1. Relying on this pronouncement, Gullible quit his job and sold his property at a loss so as not to be financially ruined. When the flooding did not occur, Gullible sued the columnist in a State X court for damages. The court dismissed the case for failure to state a cause of action under applicable State law. On appeal, the State X Supreme Court upheld the lower court. Three months after this ruling, the State Y Supreme Court heard an appeal in which a lower court had ruled that a reader could sue a columnist for falsely predicting flooding. (a) Must the State Y Supreme Court follow the ruling of the State X Supreme Court as a matter of stare decisis? (b) Should the State Y lower court have followed the ruling of the State X Supreme Court until the State Y Supreme Court issued a ruling on the issue? (c) Once the State X Supreme Court issued its ruling, could the United States Supreme Court overrule the State X Supreme Court? (d) If the State Y Supreme Court and the State X Supreme Courts rule in exactly opposite ways, must the United States Supreme Court resolve the conflict between the two courts? Answer: Stare Decisis in the Dual Court System . a. A decision of one state’s supreme court is not binding on another state’s supreme court. It may be persuasive, but it’s not binding. b. Not necessarily. The decision of one state’s supreme court is not binding on the lower courts of another state. Again, it may be persuasive, but it’s not binding. c. If the issue is one strictly of state–as opposed to federal–law, which this seems to be, then the United States Supreme Court could not overrule the State X Supreme Court. However, a decision of the U.S. Supreme Court on federal questions is binding on all other courts, federal and state. d. No. If the conflict in rulings relates exclusively to state law, the U.S. Supreme Court cannot exercise jurisdiction. Even if the conflict between states related to federal law, there is no mandatory requirement that the Supreme Court intervene. The Supreme Court may intervene when two Circuit Courts of Appeals adopt inconsistent positions, but there is no mandatory requirement that it do so. 2. State Senator Bowdler convinced the legislature of State Z to pass a law requiring all professors to submit their class notes and transparencies to a board of censors to be sure that no “lewd” materials were presented to students at State universities. Professor Rabelais would like to challenge this law as being violative of his First Amendment rights under the U.S. Constitution. (a) May Professor Rabelais challenge this law in the State Z courts?
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Image of page 2
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 01/16/2012 for the course BIO 1002 taught by Professor Hrinchevich during the Fall '10 term at LSU.

Page1 / 5

CHAPTER_3_ANSWERS_TO_PROBLEMS - C HAPTER3 LEGALPROCESS 1...

This preview shows document pages 1 - 2. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online