Concurrent jurisdiction between the federal-state courts


Assignment:

Law questions

Question 1. This is a multiple answer question. More than one of these proposed answers may be correct. Mark all of these answers which correctly respond to the question.

Concurrent jurisdiction between the federal and state courts includes which of the following?

  • Both the federal and state courts can assert jurisdiction if the case involves an issue involving the Constitution or some other federal law or treaty.
  • State courts have concurrent jurisdiction with the federal courts in cases involving bankruptcy.
  • John is an Ohio resident. He brings a lawsuit against Mary, a resident of Illinois, who signed a contract with John he claims she breached causing him $100,000 in damages. Since each party lives in different states and of the amount involved,, this case can be brought in federal court.
  • John lives in DuPage County, Illinois. Mary lives in Cook County, Illinois. If they have a divorce involving over $75,000.00 of property distribution, each of them has the right to move the case from state court to federal court.

Question 2. This is a multiple answer question. More than one of these proposed answers may be correct. Mark all of these answers which correctly respond to the question.

Which of the following is/are an example or characteristic of "common law"?

  • are the decisions made by US judges in cases.
  • traffic laws
  • are the regulations passed by an administrative agency
  • Judge made law that becomes "precedent" for later judges to follow in deciding similar cases.

Question 3. This is a multiple answer question. More than one of these proposed answers may be correct. Mark all of these answers which correctly respond to the question.

Which of the following is/are available legal challenges to administrative agency regulations?

  • that the regulation is not authorized by the President of the US
  • that the regulation is ultra vires
  • that the regulation violates the US Constitution
  • that the regulation was not ratified by Congress

Question 4. This is a multiple answer question. More than one of these proposed answers may be correct. Mark all of these answers which correctly respond to the question.

Which of the following are sources of US law?

  • the US Constitution
  • Federal and State administrative agencies
  • court decisions
  • treaties entered into by the federal government

Question 5. This is a multiple answer question. More than one of these proposed answers may be correct. Mark all of these answers which correctly respond to the question.

Your factory located in China is expropriated by the Chinese government without any compensation being paid to you. You want to sue China in a US court, and if win, attach Chinese government assets located here in the US. Which of the following statements contain a legal concept or law that applies to this situation.

  • The Supremacy Clause
  • The Foreign Corrupt Practices Act
  • The Foreign Sovereign Immunities Act.
  • The Act of State Doctrine

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