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[单选题]

Courts faced with a choice of law issue have a two-stage process. The second one is th

A.pass off

B.company constitution

C.legal issues

D.pluralistic systems

提问人:网友xiayan188 发布时间:2022-01-06
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更多“Courts faced with a choice of …”相关的问题
第1题
Courts faced with a choice of law issue have a two-stage process. The first one is the

Courts faced with a choice of law issue have a two-stage process. The first one is the court will apply the law of the forum (lex fori) to all () matters (including, self-evidently, the choice of law rules)

A、infringement

B、procedural

C、renvoi

D、plaintiff

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第2题
Directions: Cloze: fill in the blank with the word...

Directions: Cloze: fill in the blank with the words in the left column. A. title B.procedural C.litigation D.legal issues E. residence F. substantive G.capacity Courts faced with a choice of law issue have a two-stage process: 1. the court will apply the law of the forum (lex fori) to all (1) matters (including, self-evidently, the choice of law rules); and 2. it counts the factors that connect or link the (2) to the laws of potentially relevant states and applies the laws that have the greatest connection, e.g. the law of nationality (lex patriae) or (3) (lex domicilii) will define legal status and (4), the law of the state in which land is situated (lex situs) will be applied to determine all questions of (5), the law of the place where a transaction physically takes place or of the occurrence that gave rise to the (6) (lex loci actus) will often be the controlling law selected when the matter is (7), but the proper law has become a more common choice.

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第3题
One traditional justification for greater judicial deference to agencies on legal question
s in the U. S. administrative regime is she expertise argument. This justification comports with traditional understandings about the respective roles of the different branches of government and agencies' place in modern government. Agencies, in this view, are the technical experts that put into operation the policy judgments made by legislators. Indeed, technical expertise is the raison d’etre of agencies; by focusing on a particular regulatory field, or sector of the economy, agencies can do what Congress lacks the time and other institutional resources to do. Chevron VS National Resources, which presented the question whether the statutory term "stationary source" referred to an entire pollution-emitting plant or, rather, to every single smokestack within such a plant, supplies an apt example of when an agency's special technical expertise can aid statutory interpretation. According to the expertise argument, agencies are deemed to understand even the legal ramifications of the problems agencies are created to work on. Admittedly, the dichotomy between legal and factual questions may at times be difficult to maintain, but that observation argues as much in favor of as it does against Chevron deference.

Agency expertise, however, is not the only common justification. Sometimes the doctrine is justified also on democratic grounds. According to the argument from democracy, it is agencies, not courts, that are answerable to both the executive and the legislative representatives of the citizenry. Because judges are not elected, while presidents and legislators are, and because agencies but not judges are accountable to the President and to Congress, judicial deference to agency decisions enhances the political legitimacy of the administrative regime.

Finally, Chevron may be justified also in the name of administrative efficiency or coordination. Before Chevron, different federal courts in different jurisdictions could interpret the same statutory provision differently. Multiple interpretations by different federal courts would mean that the statute "said" different things in those different jurisdictions. Such confusion could be eliminated by appellate review, but agencies faced uncertainty pending review, and the possibility of different interpretations across different appellate circuits remained. Because multiple agencies do not typically interpret the same statutory language, however, Chevron deference allows the agency charged with administering a statute to interpret that statute. One agency, rather than many federal courts, now resolves ambiguities in the statute that the agency in question is charged to administer. Such interpretive streamlining not only reduces uncertainty but also promotes regulatory coordination. Once an agency has settled on a reasonable interpretation, it can act on the basis of that interpretation nationally.

The expertise argument assumes that ______.

A.an agency has experts but that Congress does not.

B.Congress is more interested in policy than in implementation.

C.modern agencies are more responsible than agencies were in the past.

D.all of the above are true.

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第4题
Most people would be【C1】______ by the high quality of medicine【C2】______ to most Americans
. There is a lot of specialization, a great deal of【C3】______ to the individual, a【C4】______ amount of advanced technical equipment, and【C5】______ effort not to make mistakes because of the financial risk which doctors and hospitals must【C6】______ in the courts if the【C7】______ things badly.

But the Americans are in a mess. The problem is the way in【C8】______ health care is organized and 【C9】______ .【C10】______ to public belief it is not just a free competition system. The private system has been joined a large public system, because private care was simply not【C11】______ the less fortunate and the elderly.

But even with this huge public part of the system,【C12】______ this year will eat up 84.5 billion dollars-more than 10 per cent of the U.S. budget-large numbers of Americans are left【C13】______ . These include about half the 11 million unemployed and those who fail to meet the strict limits【C14】______ income fixed by a government trying to make savings where it can.

The basic problem, however, is that there is no central control【C15】______ the health system. There is no【C16】______ to what doctors and hospitals charge for their services, other than what the public is able to pay. The number of doctors has shot up and prices have climbed. When faced with toothache, a sick child, or a heart attack, all the unfortunate person concerned can do is【C17】______ up.

Two-thirds of the population【C18】______ covered by medical insurance. Doctors charge as much as they want【C19】______ that the insurance company will pay the bill.

The rising cost of medicine in the U.S. is among the most worrying problems facing the country. In 1981 the country's health bill climbed 15.9 per cent-about twice as fast as prices【C20】______ general.

【C1】

A.compressed

B.impressed

C.obsessed

D.repressed

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第5题
Most people would be 【21】______by the high quality of medicine 【22】______to most Americans

Most people would be 【21】______ by the high quality of medicine 【22】______ to most Americans. There is a lot of specialization, a great deal of 【23】______ to the individual, a 【24】______ amount of advanced technical equipment, and 【25】______ effort not to make mistakes because of the financial risk which doctors and hospitals must 【26】______ in the courts if they 【27】______ things badly.

But the Americans are in a mess. The problem is the way in 【28】______ health care is organized and 【29】______ . 【30】______ to public belief it is not just a free competition system. Besides the private system there has been a large public system, because private care was simply not 【31】______ the less fortunate and the elderly. But even with this huge public part of the system, 【32】______ this year will eat up 84.5 billion dollars--mom than 10 per cent of the U. S. Budget--large numbers of Americans are left 【33】______ . These include about half the 11 million unemployed and those who fail to meet the strict limits 【34】______ income fixed by a government trying to make savings wherever they can.

The basic problem, however, is that them is no central control 【35】______ the health system. There is no 【36】______ to what doctors and hospitals charge for their services, other than what the public is able to pay. The number of doctors has shot up and prices have climbed. When faced with toothache, a heart attack, or a sick child, all the unfortunate person concerned can do is 【37】______ up. Two thirds of the population 【38】______ covered by medical insurance. Doctors charge as much as they want 【39】______ that the insurance, company will pay the bill. The rising cost of medicine in the U. S. A. is among the most worrying problems facing the country. In 1981 the country's health bill climbed 15.9 per cent--about twice as fast as prices 【40】______ general.=

【21】

A.compressed

B.impressed

C.obsessed

D.repressed

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第6题
Most people would be 【21】______by the high quality of medicine 【22】______to most Americans

Most people would be 【21】______ by the high quality of medicine 【22】______ to most Americans. There is a lot of specialization, a great deal of 【23】______ to the individual, a 【24】______ amount of advanced technical equipment, and 【25】______ effort not to make mistakes because of the financial risk which doctors and hospitals must 【26】______ in the courts if they 【27】______ things badly.

But the Americans are in a mess. The problem is the way in 【28】______ health care is organized and 【29】______ . 【30】______ to pubic belief it is not just a free competition system. The private system has been joined a large public system, because private care was simply not 【31】______ the less fortunate and the elderly.

But even with this huge public part of the system, 【32】______ this year will eat up 84.5 billion dollars—more than 10 percent of the U.S. Budget—large number of Americans are left 【33】______ . These include about half the 11 million unemployed and those who fail to meet the strict limits 【34】______ income fixed by a government trying to make savings where it can.

The basic problem, however, is that there is no central control 【35】______ the health system. There is no 【36】______ to what doctors and hospitals charge for their services, other than what the public is able to pay. The number of doctors has shot up and prices have climbed. When faced with toothache, a sick child, or a heart attack, all the unfortunate persons concerned can do is 【37】______ up. Two thirds of the population 【38】______ covered by medical insurance. Doctors charge as much as they want 【39】______ that the insurance company will pay the bill.

The rising cost of medicine in the U. S. A. is among the most worrying problems facing the country. In 1981 the country's health bill climbed 15.9 percent—about twice as fast as prices 【40】______ general.

【21】

A.compressed

B.impressed

C.obsessed

D.repressed

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第7题
Most people would be (1)_____ by the high quality of medicine (2)_____ to most Americans.

Most people would be (1)_____ by the high quality of medicine (2)_____ to most Americans. There is a lot of specialization, a great deal of (3)_____ to the individual, a (4)_____ amount of advanced technical equipment, and (5)_____ effort not to make mistakes because of the financial risk which doctors and hospitals must (6)_____ in the courts if they (7)_____ things badly.

But the Americans are in a mess. The problem is the way in (8)_____ health care is organized and (9)_____. (10)_____ to pubic belief it is not just a free competition system. The private system has been joined a large public system, because private care was simply not (11)_____ the less fortunate and the elderly.

But even with this huge public part of the system, (12)_____ this year will eat up 84.5 billion dollars—more than 10 percent of the U.S. Budget—large number of Americans are left (13)_____. These include about half the 11 million unemployed and those who fail to meet the strict limits (14)_____ income fixed by a government trying to make savings where it can.

The basic problem, however, is that there is no central control (15)_____ the health system. There is no (16)_____ to what doctors and hospitals charge for their services, other than what the public is able to pay. The number of doctors has shot up and prices have climbed. When faced with toothache, a sick child, or a heart attack, all the unfortunate persons concerned can do is (17)_____ up. Two thirds of the population (18)_____ covered by medical insurance. Doctors charge as much as they want (19)_____ that the insurance company will pay the bill.

The rising cost of medicine in the U.S. A. is among the most worrying problems facing the country. In 1981 the country's health bill climbed 15.9 percent—about twice as fast as prices (20)_____ general.

A.compressed

B.impressed

C.obsessed

D.repressed

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