first exam answers

first exam answers - Yen Nguyen 2/14/2007 Exam #1 1. Issue:...

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Yen Nguyen 2/14/2007 Exam #1 1. Issue: Is the Georgian Board of Regents correct in their claim that the SACKREM act is invalid because it exceeded the federal government’s powers under the U.S. Constitution? Applicable principles: The Constitution sets forth specific powers that can be exercised by the national government and provides that the national government has the implied power to undertake actions necessary to carry out its expressly designated powers. Answer: Yes, the Act would be invalid because the Constitution does not give the U.S. government the power to regulate certain rights of the state colleges and universities, especially since they do not interfere with the Commerce Clause and other provisions of the Constitution. 2. Issue: Does the Florida state court have jurisdiction over ARS? Applicable principles: For a court to have jurisdiction over a case, it must have both subject matter jurisdiction and personal jurisdiction over the defendant. Answer: The Florida state court has subject matter jurisdiction over the defendant because the subject matter of the dispute is not exclusively federal. However it does not have personal jurisdiction because the contract was written in Michigan and sent to Florida, it was not formed within the state of Florida. So that does not demonstrate minimum contact with the state to justify personal jurisdiction.
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Yen Nguyen 2/14/2007 Exam #1 3. Issue: Would the advertisers be acting in a socially responsible way by withdrawing their advertising from the Master’s broadcast? Applicable principles
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first exam answers - Yen Nguyen 2/14/2007 Exam #1 1. Issue:...

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