Homework Assignment for Week 2 Question 1
HomeworkAssignment for Week 2
Inthis case, the federal circuit court does not have to withdraw itsdecision. Under the stare decisis in the dual court doctrine, adecision by the state Supreme Court is binding on a federal courtdecisions as long as the decision affects that state’s law (Mannsand Barry 62). This means that a federal court ruling is not bindingto all other lower courts be it the state supreme court or the stateappellate court. This means that the rule is still deemed valid sincethe decision by the federal court is not bidding to all other lowercourts.
Thefirst amendment gives American citizens the freedom of speech,freedom of petitioning the government without interference, freedomof religion, freedom of assembly and freedom of expression. In thiscase where professor Rabelais wants to challenge the rule passed bythe state requiring all lectures to present teaching material to aboard of censors before they are presented to students, he canchallenge the law in the states Z courts. This is because both stateand federal courts have the capacity to preside over federal matters.This is because both the federal and the state courts have concurrentjurisdiction over federal matters or questions.
Theprofessor can also challenge the rule in a federal district court.This is because the matter involves a federal question(Mannsand Barry 62). Under the United States constitution, the professorcan challenge the matter in a federal district court even if he doesnot prove any monetary loss since the issue raises a federalquestion. This is because there is no minimum dollar requirement forsuch cases involving federal questions.
Manns,Richard, and Barry Roberts.Business Law And The Regulation Of Business.11th ed. Boston, MA: Cengage Learning, 2013. Print.