State the judicial powers listed in the Constitution. Explain judicial review in detail and its origins in Marbury v. Madison.
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State the judicial powers listed in the Constitution. Explain judicial review in detail and its origins in Marbury v. Madison.
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- Sam and Eleanor Gaito purchased a home from Howard Frank Auman, Jr., in the spring of 2011. Auman had completed the construction of the house in November 2006. In the interim, three different parties had lived in the house for brief periods, but Auman had retained ownership. The last tenants, the Ashleys, experienced difficulties with the home’s air conditioning system. Repairs were attempted, but no effort was made to change the capacity of the air conditioning unit. When the Gaitos moved into the house in June 2011, they too had problems with the air conditioning. The system created only a ten-degree difference between the outside and inside temperatures. The Gaitos complained to Auman on a number of occasions, but extensive repairs failed to correct the cooling problem. In May 2014, the Gaitos brought an action against Auman, alleging that the purchase price of the home included central air conditioning and that Auman had breached the implied warranty of habitability. At trial, an…Describe the nature and purpose of administrative agencies.Moises and Rutledge are discussing their views on the law. Moises believes that people should give up some of their rights to the government, but they should be able to retain other inalienable rights. Rutledge believes that the law is a rule of civil conduct prescribed by the supreme power in a state which commands what is right and prohibits what is wrong. Kilroy overhears their conversation and jumps in with his own belief, saying that the law is a social construct that should provide stability. order, and security. He also said that he believes people should relinquish all of their rights to the state. Which philosophers would agree with Moises, Rutledge, and Kilroy, respectively? O Montesquieu, Hobbes, Locke O Blackstone, Hobbes, Montesquieu O Locke, Blackstone, Hobbes O Montesquieu, Blackstone, Hobbes O Locke, Montesquieu, Blackstone
- Explain the probable interpretation by an arbitrator of the following language. If management determines that qualifications are relatively equal among applicants’ seniority shall govern. If qualifications are equal, among bidders, seniority shall govern. If qualifications are substantially equal, among bidders, seniority shall govern. If management deems qualifications are equal among bidders, seniority shall govern.93. the Department of Financial Services may open an investigation on an individual O Being licensed in multiple lines of authority Holding a nonresident license in another state Engaging in the business of insurance without a license Sharing commissions with a similarly licensed individual COLCHREARE COLXRead Herr v Bourne, 2021 ABQB 478 (CanLII). Which equitable remedy did the Court grant the Plaintiff? (enter the two words) Answer: Air
- In 1961, Ford Motor Company acquired Autolite, a manufacturer of spark plugs, in order to enter the profitable aftermarket for spark plugs sold as replacement parts. Ford and the other major automobile manufacturers had previously purchased original equipment spark plugs (those installed in new cars when they leave the factory) from independent producers such as Autolite and Champion, either at or below the producer’s cost. The independents were willing to sell original equipment plugs so cheaply because aftermarket mechanics often replace original equipment plugs with the same brand of spark plug. GM had already moved into the spark plug market by developing its own division. Ford decided to do so by means of a vertical merger under which it acquired Autolite. Prior to the Autolite acquisition, Ford bought 10 percent of the total spark plug output. The merger left Champion as the only major independent spark plug producer. Champion’s market share thereafter declined because Chrysler…Locate Alberta's Court of Justice Civil Procedure Regulation. Pursuant to Section 3(2)(b) of the Act, a civil claim must clearly state? Answer:Sam Simpleton, a resident of Kansas, and Nellie Naive, a resident of Missouri, each bought $85,000 in stock at local offices in their home States from Evil Stockbrokers, Inc. (“Evil”), a business incorporated in Delaware, with its principal place of business in Kansas. Both Simpleton and Naive believe that they were cheated by Evil Stockbrokers and would like to sue Evil for fraud. Assuming that no Federal question is at issue, assess the accuracy of the following statements: a. Simpleton can sue Evil in a Kansas State trial court. b. Simpleton can sue Evil in a Federal district court in Kansas. c. Naive can sue Evil in a Missouri State trial court. d. Naive can sue Evil in a Federal district court in Missouri.
- Explain the executive or enforcement function of administrative agencies.I am not sure about the answer for this question The facts of a case heard by the Supreme Court of Canada are as follows: Mr. and Mrs. H were induced to sign a mortgage in favor of M.C.R. Ltd. by Johnston, a man living with their daughter. Johnston led them to believe that the document was an unimportant amendment to an existing mortgage when it was a second substantial mortgage on their home. Neither read the document nor questioned it. When the payments were in arrears, the mortgagee took an action for foreclosure (to take their home). Mr. and Mrs. H. pleaded non-est factum. Would this defense succeed? Why or why not? Explain your responseIn reviewing a state statute that allows for the taking of private property for a public purpose, the Supreme Court will give the state legislature's great deference. True False