7/8

Question 1

presidential duty to faithfully execute laws

Answer 1

• prez bound by congress’s specific standards in execution of laws
• UNLESS congress gives prez substantial discretion to determine manner of execution

Question 2

what to show if you want to have a chance at defeating rbs

Answer 2

“invidious discrimination”

Question 3

where does the fundamental right of “one person, one vote” not apply

Answer 3

limited-purpose elections

example: special purpose election for a water district that affects only landowners in the district

Question 4

Limit on congressional spending

Answer 4

Cannot violate constitutional provisions

Question 5

May a state compel public school students to make an affirmation of political or religious belief, such as a compulsory flag salute?

Answer 5

no

Question 6

may federal courts render advisory opinions? +example

Answer 6

no, and cannot be statutorily granted power

example: statute gives agency power to enforce federal courts opinion at their discretion

Question 7

does appointing a member of the clergy to a governmental agency or commission per se violate the establishment clause?

Answer 7

no

Question 8

What kinds of offers for settlement CAN come in + example

Answer 8

“settlements” not encouraged by social policy, e.g., witness tampering

ex: defendant on bail offers to return initial investment in scheme for which he is on trial if witness would have a convenient lapse of memory concerning the incident

Question 9

exceptions where jurors can testify about things they otherwise can’t (e.g., statements made during deliberations)

Answer 9

1. extraneous prejudicial info was brought to jury’s attention
2. outside influence improperly brought into jury deliberations
3. mistake in entering the verdict on the verdict form

Question 10

what must a proponent of photographic evidence do to prove the content of voluminous photographs that cannot be conveniently examined in court?

Answer 10

• make originals or dupes available for examination or copying or both
• by other parties as a reasonable time and place

Question 11

what is a photograph, for evidence purposes

Answer 11

a graphic portrayal of oral testimony

Question 12

when does a photograph become admissible

Answer 12

only where a witness testifies that it is a correct and accurate representation of the facts the witness observed

Question 13

when MUST a court take judicial notice

Answer 13

1. a party requests it AND
2. the party supplies appropriate info

Question 14

can a plea that is later withdrawn be admitted into evidence against d who made the plea in any civil or criminal proceeding

Answer 14

NO