Homework Assignment for Week 1 1. The Supreme Court of State G decided that the
ID: 424644 • Letter: H
Question
Homework Assignment for Week 1 1. The Supreme Court of State G decided that the United States Constitution requires professors to warn students of their right to remain silent before questioning the students about cheating. This ruling directly conflicts with a decision of the Federal Court of Appeals for the circuit which includes State G ry de of airs Must the Federal Circuit Court of Appeals withdraw its ruling? Please explain. nt 2. Jack Thomas, a resident of Minnesota, and Sandy Silver, a resident of Oklahoma, each bought $85,000 worth of stocks at the local offices in their home states from Comprehensive Financial Stockbrokers, Inc. Comprehensive is incorporated in Delaware with its principal place of business in Minnesota. Both Jack and Sandy believe that they were cheated by Comprehensive and would like to sue it for fraud. There are no federal questions in this case. Please explain the accuracy of the following statements: 1. Thomas is able to sue Comprehensive in a Minnesota state trial court. Please explain. 1. Thomas can sue Comprehensive in a federal district court in Minnesota. Please explain. 1. Silver can sue Comprehensive in an Oklahoma federal district court. Please explain.Explanation / Answer
1. No, the Federal Circuit Court of Appeals should not withdraw its ruling. This is because Decisions of a state supreme court are only binding on the federal courts as to questions of that state’s law. Here a federal question is at issue.
As the issue on hand is with regards to a federal question, the Federal Circuit Court of Appeals should not withdraw its ruling. The state and the federal court systems are separate and decision of The U.S. Court of Appeals act as a precedent only upon the federal district courts and not upon any state court.
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