MBE Missed Q's Set 30 Exam Questions With Correct Answers
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MBE Missed Q\'s Set 30
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MBE Missed Q\'s Set 30
MBE Missed Q's Set 30 Exam Questions
With Correct Answers
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 appo...
MBE Missed Q's Set 30 Exam Questions
With Correct Answers
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. - answer✔✔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 - answer✔✔A homeowner filed a
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