In deciding whether to dismiss the suit, the court in California first should look to select answer sources of law, or sources that establish the law. Another resource for the court are the select answer passed by the United States select answer and the state select answer . If the court cannot find any sources of law that establish or direct their decision to dismiss the suit, the court should then turn to select answer sources of law for guidance. Assessment question If the California court turns to prior court opinions to determine if it should dismiss the suit, it is looking for select answer . The system of prior court opinions is called select answer . Assessment question The California court will follow the decision of the United States Supreme Court because of the doctrine of select answer . The United States Supreme Court decision is select answer on the California courts. Because of the United States Supreme Court opinion and the prior California cases regarding clauses of this type, the California court select answer enforce the clause in the contract.

Respuesta :

The fill-in-block to this question can be defined as follows:

Primary

Statutes

Congress

Legislatures.

Secondary

Precedent.  

Case Law.  

Stare Decisis.  

Binding

California courts.  

Will not

Explanation of the fill-in-block:

  • The court in California should first consider main sources of law or law-making sources to decide whether to dismiss the lawsuit.
  • The Statutes passed by the United States Congress and the State Legislatures are another resource for the court.
  • Where there is no source of law for the court to decide to dismiss the case, the court should then look to secondary sources of law.
  • If indeed the Court of California uses original court opinions to see whether the complaint was to be rejected, it is looking for just a precedent.
  • Previous court views are called the Case Law system.
  • The California Court should adopt the US Supreme Court decision just on the Stare Decision concept.
  • California courts shall be binding on the United States Supreme Court ruling.
  • The California court would not execute this provision of the agreement because of the U.S. Supreme Court judgment as well as the earlier cases in CA concerning such clauses.

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