In the common law system, the core of the doctrine of stare decisis is: Which part of a judicial opinion is binding on later cases?
Everything the judge says in the judgment
The case headnote
The ratio decidendi
The obiter dicta
Which of the following statements correctly describes the relationship between ratio decidendi and obiter dicta?
Obiter dicta is as binding as ratio decidendi.
Ratio decidendi provides the core legal basis of the decision, while obiter dicta is only persuasive.
Ratio decidendi is always easy to identify, while obiter dicta is clearly marked in judgments.
Obiter dicta only appears in appellate court judgments, never in trial courts.
Which statement constitutes the ratio decidendi of the case?
Statement 1 only
Statement 2 only
Statement 3 only
Statement 1 and 2
Which of the following best describes the dual court system in the United States?
All cases must first be heard in state courts before they can be appealed to federal courts.
The federal courts only handle constitutional cases, while all other matters belong exclusively to state courts.
In the U.S. both federal and state courts operate independently but sometimes overlap in jurisdiction.
Federal district court decisions are binding precedents on state supreme courts.
Based on the facts, which analysis is correct?
.Removal is proper because the amount in controversy exceeds $75,000.
Removal is proper because at least one defendant is from a different state.
Removal is not proper because complete diversity is lacking.
Removal is not proper because diversity requires at least $150,000 in controversy.
The House passes H.R. 123. The Senate later passes a modified version of H.R. 123. What must happen before the bill can be presented to the President?
It goes directly to the President because both chambers have passed it.
The Supreme Court must review the Senate’s amendments for constitutionality.
The bill must be amended as both chambers must pass identical text.
The Vice President signs the bill to reconcile the differences between versions.