MBE Missed Q's Set 30
Article II, Section 2 provides that the President shall nominate, and with the advice and consent of the
Senate shall appoint, ambassadors and other officers of the United States. The section also provides
that Congress may vest the appointment of inferior officers in the President alone, in the courts of law,
or in the heads of departments. Under separation of powers principles, however, Congress may not
vest in itself any broader appointment powers than what is provided for by the Constitution. Where
Congress has not vested the appointment power in courts of law or the heads of departments, it is not
permitted to restrict the candidates that the President may nominate for appointment. Thus, the
Senate's attempt here to exert some control over the President's choice of lower-level diplomatic
representatives is an unconstitutional violation of the separation of powers. - ✔✔After the dictator of
a Caribbean island country was deposed, the President of the United States extended official
recognition to the country's new government. As ambassador to the newly recognized government,
the President nominated an aging industrialist who was a close personal friend of the deposed
dictator. Unable to muster enough votes to block approval of the new ambassador, the President's
political opponents in the Senate caused a resolution to be passed requiring that all consular staff
below the rank of ambassador be selected from a list of "approved" candidates who have been
certified as acceptable by the new country's government. The President refused to consider any of
the Senate's list of approved candidates.
Which of the following is the President's strongest constitutional basis for refusing to obey the Senate
%
resolution?
The Federal Rule will apply. Under the Erie doctrine, although the federal court generally applies the
substantive law of the state in which it is sitting, when a state law-based claim is brought in federal
court based on diversity of citizenship and a specific federal statute or a Federal Rule of Civil
Procedure applies, the federal court must apply federal procedural law as long as the federal rule is
rationally deemed to be procedural and does not abridge, enlarge, or modify any substantive rights.
Here, there is a specific federal procedural rule [Rule 48] under the Federal Rules of Civil Procedure
that requires jury verdicts to be unanimous. This rule is procedural because it is designed to deal with
what happens in the process of litigation, as opposed to dealing with the rights of the parties outside
of court, which would be deemed a substantive rule. Moreover, the federal rule directly conflicts with
the stat - ✔✔A homeowner filed a federal diversity action against the manufacturer of a pressure
cooker for a products liability action based on state law, alleging that she was severely burned
because the top flew off the pressure cooker during operation. Under the state law, a jury verdict does
not have to be unanimous. However, a specific rule under the Federal Rules of Civil Procedure
directly conflicts with the state law and provides that jury verdicts in federal court must be unanimous.
Which statement correctly presents what law the federal judge should apply regarding the jury
verdict?
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller EXAMQA. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $7.99. You're not tied to anything after your purchase.
