Answer:
Explanation:
The def: not in accordance with a political constitution, especially the US Constitution, or with procedural rules. Ex." we cannot tolerate unconstitutional action" Declaring laws constitutional or un unconstitutional is done by the deciding in the Judicial Branch of government.
However, governments do not just create laws. Governments also enforce the laws set forth in the document defining the government—in the Constitution. In the United States, the failure to seat duly elected representatives of the people following a proper election, or the failure to provide for such elections would be unconstitutional even in the absence of any legislated laws whatsoever.
When the proper court determines that a legislative act (a law) conflicts with the constitution, it finds that law unconstitutional and declares it void in whole or in part. This is called judicial review. The portion of the law declared void is considered struck down, or the entire statute is considered struck from the statute books.
Depending on the type of legal system, a statute may be declared unconstitutional by any court, or only by special Constitutional courts with authority to rule on the validity of a statute. In some countries, the legislature may create any law for any purpose, and there is no provision for courts to declare a law unconstitutional. This can occur either because the country has no codified constitution that laws must conform to (e.g., the United Kingdom and New Zealand) or because the constitution is codified but no court has the authority to strike down laws on the basis of it (e.g., the Netherlands and Switzerland).
Answer: b. No, because the state acted as a market participant
Explanation:
The state in this instance was a market participant because they were acting as buyers who were looking for companies that could supply the service of exploiting their gas fields.
As a result, they have total discretion to pick whichever supplier they choose, regardless of the benefits or lack thereof, much like a normal buyer would do. The interstate company would therefore lose the case.
Answer:
Defendant
Explanation:
A Defendant is a judiciary term used to describe the individual, firm, or organization being sued or accused by the plaintiff in court under the existing law of the place, state or region, or nation where the incident occurs.
The defendant is known to have some specific rights and obligations during the legal proceedings in a court of law. These rights and responsibilities include the following:
1. Defendants may choose to represent themselves
2. Defendant may decide to selecting or retaining counsel.
3. Defendant may choose what information to provide or withhold from the defense team.
4. Defendants may decide what to plead, if they want to testify, and if they want to file an appeal.
Stare decisis maybe? sorry if wrong
