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Author Archives: Anonymous

A State D law prohibits the withdrawal of groundwater from a…

A State D law prohibits the withdrawal of groundwater from any well within State D for use in another state. The express purpose of the law is to safeguard the supply of water for State D citizens. Adoption of this State D law followed enactment of a federal statute providing that “the transport of groundwater from one state to another may be restricted or prohibited in accordance with the laws of the state in which the water originates.” An association of water users in neighboring State E has filed suit to have the State D law declared unconstitutional and enjoined on the ground that it violates the negative implications of the Commerce Clause.Which of the following is the best argument supporting a motion to dismiss the lawsuit?

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U.S. Senator Mintz made a speech on the floor of the U.S. Se…

U.S. Senator Mintz made a speech on the floor of the U.S. Senate, in which she asserted that Fabian, a federal civil servant with minor responsibilities, was twice convicted of fraud. In making this assertion, Senator Mintz relied wholly on research done by Carter, her chief legislative assistant. In fact, it was a different man, and not Fabian, who was convicted of these crimes. This mistake was the result of Carter’s carelessness. No legislation affecting the appointment or discipline of civil servants or the program of the federal agency for which Fabian works was under consideration at the time Senator Mintz made her speech. Fabian sued Senator Mintz and Carter for defamation. Both Senator Mintz and Carter move to dismiss the complaint.As a matter of constitutional law, the court hearing this motion should:

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Wesley owed Evan, an employee, $200 in unpaid wages. Both We…

Wesley owed Evan, an employee, $200 in unpaid wages. Both Wesley and Evan reside in State Z and Evan works in State Z. A State Z law provides that State Z courts must decide claims for unpaid wages within 10 days of filing. After Evan filed a claim in State Z court pursuant to this law, Wesley filed a voluntary bankruptcy petition in federal bankruptcy court. In the bankruptcy proceeding, Wesley sought to stay further proceedings in the unpaid wages claim on the basis of a federal statute which provides that a person who files a federal bankruptcy petition receives an automatic stay of all proceedings against him or her in all federal and state courts. No other federal laws apply.In addition to the Supremacy Clause of Article VI, what is the most obvious constitutional basis for the imposition of a stay of the unpaid wages claim in State Z court?

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An employee rates herself very highly even though performanc…

An employee rates herself very highly even though performance data shows low output. This may reflect:

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Indirect compensation refers to benefits provided to employe…

Indirect compensation refers to benefits provided to employees.

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Variable pay is compensation that is contingent on performan…

Variable pay is compensation that is contingent on performance or results.

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What can cause kidney stones? 

What can cause kidney stones? 

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Internal equity focuses on:

Internal equity focuses on:

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Terrorists in a foreign country kidnapped a U.S. ambassador…

Terrorists in a foreign country kidnapped a U.S. ambassador to that country. The terrorists threatened to kill her, unless President Adams secured the release of an identified person held in a Columbia state prison pursuant to a valid conviction by Columbia. President Adams responded by entering into an agreement with the foreign country which provided for the release of the U.S. ambassador on a specified date in return for the release of the identified person held in Columbia prison. President Adams then ordered the Columbia governor to release the prisoner in question. The governor refused. No federal statutes are applicable.Which of the following is the strongest constitutional argument for President Adams’s authority to take action in these circumstances and require the governor to release the prisoner?

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The point factor method is a quantitative approach to job ev…

The point factor method is a quantitative approach to job evaluation.

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