Question 1
A provision excusing one party from liability for negligence is



a)a revocation clause.



b)a disaffirmatory clause.



c)forbearance.



d)an exculpatory clause.


QUESTION 2
A lease for one year must be in writing.
True
False


QUESTION 3
An assignment is effective whether or not notice is given.
True
False


QUESTION 4
The party to whom rights under a contract are transferred is called the obligor.
True
False

QUESTION 5
The right to work for someone cannot be assigned without permission.
True
False

QUESTION 6
According to the _____________ evidence rule, the terms of a written contract cannot be changed by prior oral or written agreements.


QUESTION 7
__________________ impossibility excuses parties from their contractual duties as long as there is proof that the contract absolutely could no longer be performed by either party or by anyone else.

QUESTION 8
Doris purchased a new car from Brandy Motorsand agreed to pay for it in monthly paymentsover a three-year period. Six months after purchasing the car, Doris ran into financial difficulties and could not afford to keep the car. She sold the car to Banks, who agreed to continue making the monthly payments until the car was ppaid off. If Banks fails to make payments as agreed, the party responsible for these payments is



a)Doris.



b)nobody.



c)Brandy Motors.



d)the car manufacturer.

QUESTION 9
An agreement to fix prices is a violation of antitrust laws.
True
False

QUESTION 10
A statute of ______________ is a law fixing a time limit within which lawsuits must be started.


QUESTION 11
Minors must pay for the reasonable value of necessaries actually received.
True
False

QUESTION 12
A contract right that may NOT be assigned is the right to



a)collect money.



b)the damages awarded for a breach of contract.



c)an attorney's services.



d)receive standard merchandise.


QUESTION 13
A _______________ is the substitution of a new party for one of the original parties to a contract.


QUESTION 14
The key to determining whether a contract is enforceable under the one-year rule of the statute of frauds is the answer to which of the following questions?



a)Is it likely that the parties will carry out the terms of the contract within one year of the date of the agreement?



b)Is it reasonable to expect that the parties will carry out the terms of the contract within one year of the date of the agreement?



c)Is it possible to carry out the terms of the contract within one year of the date of the agreement?



d)Do the parties wish to carry out the terms of the contract within one year from the date that the contract will actually begin?

QUESTION 15
A term not included in a written contract is considered intentionally omitted.
True
False


QUESTION 16
Courts will allow recovery based on an illegal agreement when the parties to the agreement are not equally at _______________.


QUESTION 17
With a delegation, the delegator remains liable for proper performance.
True
False


QUESTION 18
Choose ALL of the following that are ways that a contractcan be discharged: (Choose ALL that apply.)



a)By breach of contract.



b)By performance.



c)By operation of law.



d)By agreement of parties.


QUESTION 19
The statute of frauds eliminates the other elements of a contract.
True
False


QUESTION 20
The statute of frauds applies only to



executory contracts.



b)informal contracts.



c)executed contracts.



d)formal contracts.


QUESTION 21
Under the provisions of the statute of frauds, one example of a contract that does NOT have to be in writing to be enforceable is a(n)



agreement to rent real property for one year or less.



promise to pay the debts of another living person.



agreement for the sale of merchandise valued at $700.



agreement for the transfer of ownership in real property.


QUESTION 22
Contracts made by minors are void.
True
False

2 points
QUESTION 23
Which of the following is NOT a way that a contract is discharged?



a)full performance



b) accord and satisfaction



c)novation



d)statute of frauds


QUESTION 24
The statute of ______________ requires certain contracts to be in writing.


QUESTION 25
An example of a contract obligation that may be delegated to another person is a



singer's obligation to sing on a tv show.



painter's obligation to paint a portraint.



surgeon's obligation to perform a throat operation.



seller's obligation to deliver twenty tons of coal at a set price.


QUESTION 26
_____________________ is the refusal of an incompetent party to carry out the terms of an agreement.

Opponents of the death penalty have argued that it violates the Eighth Amendment to the United States Constitution.

The Eighth Amendment prohibits the government from imposing "cruel and unusual punishments" on individuals convicted of crimes.

The argument against the death penalty is based on the belief that it constitutes a cruel and unusual punishment. Opponents argue that the death penalty is a violation of human rights.

Hence the opponents were of the opinion that it violated the 8th amendment of the US

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The record keeper for the court who is often responsible for summoning potential jurors is the court clerk. The court clerk is responsible for keeping records of court proceedings and managing administrative tasks. In addition to summoning potential jurors, they may also issue subpoenas and manage case filings.

The court clerk is a crucial member of the court staff who plays a vital role in ensuring that court proceedings run smoothly. They are responsible for maintaining accurate records of court proceedings, managing court dockets, and ensuring that court orders are properly executed. In addition to their administrative duties, court clerks also interact with the public and assist them in navigating the court system. They may provide information on court procedures, help with the preparation of legal documents, and assist with other inquiries. Overall, the court clerk is an essential figure in the judicial system, serving as a record keeper, administrator, and public servant.

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False. Overestimating the value of an object is generally not a mistake for which a court will provide relief.

The doctrine of caveat emptor, or "buyer beware," places the responsibility on the buyer to determine the value of the object being purchased. If a buyer makes an unwise purchase and overestimates the value of an object, this is typically considered the buyer's fault and not grounds for legal relief.

In certain circumstances, such as fraud or misrepresentation, a court may provide relief to a party who has overestimated the value of an object due to false information provided by the other party. However, in the absence of such circumstances, overestimating the value of an object is not typically a basis for legal relief.

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The option C) The staff is the most important element in the operations and policies of all correctional facilities. Correctional facilities are run by a team of professionals who ensure that the inmates are safe and secure while also being provided with the necessary services.

The staff members are responsible for managing the inmates, ensuring their safety, and providing them with the required programs and services. The staff members are trained to deal with all kinds of situations that may arise within the facility. They are also responsible for maintaining order and enforcing the rules and regulations of the facility. The staff plays a crucial role in the rehabilitation of the inmates. They work closely with the inmates to develop programs and services that will help them re-enter society as productive citizens. Therefore, the staff is the most important element in the operations and policies of all correctional facilities.

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When parties are unable or unwilling to meet together, the most appropriate conflict resolution process is arbitration.

Arbitration is a process where a neutral third party, called an arbitrator, listens to the arguments of both parties and makes a decision that is binding on both parties. It is often used when the parties cannot reach a resolution through negotiation or mediation. Conciliation involves a neutral third party facilitating communication between the parties to help them reach a mutually acceptable resolution. Transformative mediation aims to empower the parties to make their own decisions and improve their relationship. Restorative justice focuses on repairing harm caused by the conflict and restoring relationships. However, when parties are unable or unwilling to meet, the decision-making power must lie with a neutral third party, making arbitration the most appropriate option.

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The approach to the Constitution that uses a looser reading of the document and reads into its rights that the framers might have recognized or that should be recognized as a result of "evolving standards" is called the Living Constitution approach.

This approach suggests that the Constitution is a living document that should be interpreted in light of changing social, cultural, and political values and norms, rather than being read narrowly according to the original intent of the framers. The Living Constitution approach holds that the Constitution's principles and values are enduring, but its application should evolve to reflect the changing needs and aspirations of society.

The approach to the Constitution that uses a looser reading of the document and reads into its rights that the framers might have recognized or that should be recognized as a result of "evolving standards" is called the Living Constitution approach or theory.

The Living Constitution approach holds that the Constitution is a living document, capable of adapting and changing over time to meet the needs and values of a changing society. This approach often involves interpreting the Constitution in light of evolving social and cultural norms and values and recognizing new rights that may not have been explicitly mentioned in the original text of the Constitution.

Proponents of the Living Constitution approach argue that this approach allows the Constitution to remain relevant and responsive to the changing needs of society. Opponents argue that it can lead to a lack of consistency and predictability in constitutional law and may allow judges to make decisions based on their own personal beliefs and values rather than the text and original intent of the Constitution.

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Under common law, a CPA is liable to identified third parties for whose benefit the audit was performed, for either ordinary or gross negligence. This means that if a third party suffers losses due to the negligent performance of an audit, they may have legal recourse against the CPA. Option C is correct.

Incorporation as a limited liability corporation (LLC) may protect CPAs from personal liability for certain types of claims, but it does not necessarily protect them from all types of legal liability. Additionally, incorporation does not absolve the CPA of their professional responsibility to perform audits with due care and in accordance with professional standards.

The statement "CPAs are normally liable to their clients, the shareholders, for either ordinary or gross negligence" is incorrect, as the CPA's liability extends beyond just their clients and includes third parties who may benefit from the audit.

The statement "CPAs are guilty until they prove that they performed the audit with 'good faith'" is also incorrect, as the burden of proof is on the party making the claim against the CPA to prove that they were negligent in their performance of the audit. Option C is correct.

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The system you are referring to is commonly known as a "per diem" funding model.

This means that a fixed amount is allocated per prisoner held per day to cover the costs of their incarceration, including food, housing, and other related expenses. The per diem funding model is often used by private prisons and facilities that contract with government agencies to house inmates. However, it has been criticized for creating incentives to keep more people incarcerated for longer periods of time, as it financially benefits the facility to have more prisoners. Additionally, there are concerns about the quality of care and rehabilitation services provided under this funding model, as the focus is often on maximizing profits rather than meeting the needs of the incarcerated population.

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A contract induced by threatening to bring a civil suit against an individual is generally prohibited under the law if the threat is an abuse of process.

Abuse of process occurs when a party threatens to use a legal process for an ulterior motive, such as to gain an advantage in a business transaction or to force someone to pay a debt that is not actually owed.

This type of behavior is considered unethical and illegal because it violates the principles of fair dealing and good faith. In some jurisdictions, such as the United States, it may also be prohibited by statute or case law.

However, there may be exceptions to this general rule, depending on the specific circumstances of the case and the applicable laws and regulations.

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Option b. malice aforethought. As the common law developed, murder was distinguished from manslaughter by the presence of malice aforethought, which meant that the defendant acted with a deliberate intent to cause death or serious bodily harm.

This was a higher level of intent than was required for manslaughter, which generally involved an intentional killing without malice aforethought or a killing that occurred during the commission of a felony.

While adequate provocation and heat of passion were sometimes considered mitigating factors that could reduce a murder charge to manslaughter, they were not necessary elements of murder. In other words, a killing could still be classified as murder even if the defendant acted in the heat of passion or was provoked. Conversely, a killing that lacked malice aforethought but occurred during the commission of a dangerous felony could still be classified as murder under the felony murder rule. Therefore, malice aforethought was the key element that distinguished murder from manslaughter in the common law.

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Building and construction standards in a particular city would fall under the umbrella of local government regulations and would be governed by municipal or city ordinances.

These laws aim to ensure that buildings and structures are constructed and maintained in a safe and appropriate manner, and they typically address issues related to zoning, land use, building codes, and safety standards. The specific regulations and requirements may vary depending on the city or municipality, but they are generally designed to protect public health and safety and to promote responsible and sustainable development practices.

Building and construction standards in a particular city would be considered part of local zoning and building codes, which fall under the category of municipal or local regulations. These regulations are designed to ensure safety, functionality, and compliance with the city's development plan.

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True, Marbury v. Madison was sparked by one of President Adams's "midnight appointments." This case established the principle of judicial review in the U.S. legal system.

Marbury v. Madison was indeed sparked by one of President Adams' "midnight appointments." Specifically, William Marbury was one of the appointees who did not receive his commission before President Thomas Jefferson assumed office. Marbury sued Secretary of State James Madison to force him to deliver the commission, leading to the landmark Supreme Court case that established judicial review.

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The statement "If a principal does not ratify an unauthorized contract, the principal is not bound" is False.

Ratification is the act of approving and accepting a contract that was originally unauthorized or not properly executed. If a principal chooses to ratify the contract, it becomes legally binding.

However, if the principal does not ratify the contract, it is not automatically considered invalid. The other party may still have legal options to enforce the contract, such as arguing that the agent had apparent authority to make the contract or seeking to recover damages for any losses suffered as a result of the principal's refusal to ratify.

Therefore, the principal may still be bound by the contract even if they did not ratify it, depending on the circumstances.

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True. The study of ethics involves examining moral principles and values to determine what is right or wrong. While legal requirements may provide a framework for acceptable behavior, they do not always align with ethical standards.

Ethics takes into consideration the potential impact of actions on individuals, society, and the environment. It also considers factors such as fairness, justice, and respect for human rights.

Therefore, ethical decisions often go beyond legal requirements to ensure that actions align with moral principles and contribute positively to society. For example, a company may follow all legal requirements regarding environmental pollution, but ethical considerations may lead them to implement additional measures to reduce their impact on the environment.

In summary, ethics is a critical aspect of decision-making that involves going beyond legal requirements to evaluate what is right for society.

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By default, the terms of the contract would be interpreted by the cisg, u.s. law, or mexican law depending on the specific circumstances surrounding the contract.

If the parties involved are from countries that are signatories to the United Nations Convention on Contracts for the International Sale of Goods (CISG), the terms of the contract would generally be interpreted by the CISG, unless the parties have explicitly agreed to exclude it or use a different governing law.

If one or both parties are not signatories to the CISG, the terms of the contract would be interpreted according to the governing law chosen by the parties, which could be U.S. law, Mexican law, or any other law that they have mutually agreed upon.

In cases where no choice of law is specified, the court or arbitration tribunal would determine the applicable law based on various factors and principles of private international law.

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In 2017, the number of people working for the state bureaucracy in Texas was approximately 149,000.

The state bureaucracy is a large organization that provides services to citizens and businesses in Texas. It includes various agencies, departments, and offices that work to implement state laws and policies. The size of the bureaucracy reflects the diverse and complex needs of the state's population.

The number of employees has been steadily increasing over the years, reflecting the growth of the state's population and economy.

The state bureaucracy plays an important role in ensuring the effective functioning of government and the provision of services to citizens.

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The mob boss who earned the nickname "Teflon Don" for his ability to avoid prison was John Gotti, the former boss of the Gambino crime family in New York City.

John Gotti became the boss of the Gambino crime family in 1985 and gained notoriety for his flamboyant personality and lavish lifestyle. Despite being arrested numerous times and put on trial for various crimes, Gotti was able to avoid conviction on several occasions.

He was finally convicted in 1992 on charges of racketeering, murder, and conspiracy to commit murder, and was sentenced to life in prison without parole. However, even while in prison, Gotti remained a powerful figure in the Gambino crime family, and his legacy as the "Teflon Don" continues to endure in popular culture.

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The Texas Constitution established some county-level courts, whereas the state government established other ones the following is a characteristic of county-level trial courts in Texas. In cases appealed by a justice of the peace and municipal courts, county courts at law typically have appellate authority.

The county-level courts are divided into three categories: statutory county courts, statutory probate courts, and constitutional county courts. Moreover, there is at least one justice court in every county, and municipal courts are situated in every incorporated city. In Texas, district courts are the main trial courts.

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If the other party has a strong and viable alternative, he/she will have more bargaining power in a negotiation.

In a negotiation, each party is trying to achieve their desired outcome by persuading the other party to agree to their terms. The more bargaining power a party has, the more likely they are to achieve their desired outcome. One way to increase bargaining power is to have a strong and viable alternative to the negotiation.

A strong and viable alternative, also known as a BATNA (Best Alternative to a Negotiated Agreement), is an option that a party can pursue if the negotiation fails to produce a satisfactory outcome. If a party has a good BATNA, they are less dependent on the other party to achieve their goals, and are therefore in a stronger position to negotiate favorable terms.

For example, if a person is negotiating a salary increase with their employer, their BATNA might be to seek employment with a competitor who is offering a higher salary. If the employer knows that the employee has a viable alternative, they may be more willing to offer a higher salary in order to keep the employee. On the other hand, if the employee has no alternative job prospects, they may be less likely to negotiate aggressively for a higher salary.

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The statement is true. The EU adopted the concept of "public sphere" by German scholar Juergen Habermas in its media policy.

The idea behind this concept is to create a space for democratic debate and discussion that is accessible to all citizens, where diverse perspectives can be expressed and heard. The EU has recognized the importance of this concept in promoting transparency, accountability, and participation in public decision-making processes. The EU has also emphasized the need for media pluralism, diversity, and independence in order to foster a vibrant public sphere that can effectively serve the democratic needs of its citizens. Overall, the EU's media policy is guided by the principles of promoting democratic values and ensuring a free and open media environment that can effectively serve the needs of society.

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It is absolutely False that a warranted trespass to land does not provide a complete defense. Trespass to land refers to the unauthorized entry onto another person's property.

Although certain circumstances may justify or warrant such entry, such as self-defense, protection of property, or emergency situations, it does not absolve the trespasser from liability entirely. Even if the entry was warranted, the property owner may still have the right to seek damages or legal remedies for the trespass. However, the presence of a legitimate reason for the entry may affect the extent of liability or potential damages awarded. It is essential to consult specific laws and legal precedents in the relevant jurisdiction to fully understand the implications of a warranted trespass to land.

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When you have a difference of opinion with the IRS, the type of tax expert that would be of most value is a tax attorney or a certified public accountant (CPA) with experience in tax controversy.

A tax attorney can provide legal representation and advocacy on your behalf in dealings with the IRS, including representing you in court if necessary. A CPA with experience in tax controversy can provide advice and guidance on navigating the complex tax laws and regulations, negotiating with the IRS, and representing you in audits and appeals. It is important to choose a qualified and experienced tax expert who can help you resolve your tax issue with the IRS and minimize any potential penalties or legal consequences.

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The right to die first became a matter for the courts to deliberate in 1976, with the death of Karen Ann Quinlan.

Quinlan was a 21-year-old woman who fell into a coma after consuming drugs and alcohol. Her family requested that she be removed from life support, but the hospital refused. This led to a legal battle that eventually reached the New Jersey Supreme Court, which ruled in favor of Quinlan's right to die. The landmark case paved the way for other right-to-die cases, including the case of Nancy Beth Cruzan, who was in a persistent vegetative state, and the controversial actions of Dr. Kevorkian. The concept of the right to die remains a complex and debated issue, with ethical, moral, and legal implications.

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The problem with a passive, signature-based system is false positives. The correct answer is option b.

This is because such a system relies on predefined signatures or patterns to identify threats, and sometimes legitimate activities may trigger false alarms. This can be a time-consuming and frustrating issue for security personnel to deal with, as they have to investigate and verify each alert to determine whether it is a genuine threat or a false positive.

A passive, signature-based system is a type of cybersecurity system that uses pre-configured signatures or patterns to detect and prevent cyber-attacks. The system is designed to monitor network traffic and compare it to a database of known signatures or patterns of malicious activity. If the system detects a match, it will block or flag the traffic as potentially malicious.

One problem with a passive, signature-based system is that it can generate a high number of false positives. False positives occur when the system incorrectly identifies benign network traffic as malicious. This can lead to unnecessary alerts, disruptions to normal business operations, and a waste of time and resources as security teams investigate false alarms.

To mitigate false positives, organizations can implement techniques such as tuning the system to reduce false positives, regularly updating the signature database, and supplementing passive systems with more advanced, proactive security measures.

Therefore option b is correct.

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The time-in-rank system used in police departments often discourages the promotion of younger, more diverse officers.

The time-in-rank system is a common promotion practice used in many police departments that requires officers to serve a minimum amount of time in their current rank before being eligible for promotion to the next rank. While this system is meant to reward seniority and experience, it often creates barriers for younger and more diverse officers who may have the skills and qualifications for promotion but are unable to advance due to the time requirement.

This can lead to frustration and demotivation among these officers, as they may feel that their hard work and dedication are not being recognized. Additionally, the lack of diversity in higher ranks can contribute to a disconnect between the police department and the communities they serve, which can negatively impact trust and cooperation.

Overall, while the time-in-rank system may have its benefits, it is important for police departments to also consider other factors, such as merit-based promotions and diversity initiatives, in order to create a more inclusive and effective workforce.

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Evidence would be subject to the exclusionary rule if it was obtained in violation of a defendant's constitutional rights.

The exclusionary rule is a legal principle that states that evidence obtained in violation of a defendant's constitutional rights, such as the Fourth Amendment's protection against unreasonable searches and seizures, cannot be used against them in court. This means that if the police illegally searched a suspect's home without a warrant and found incriminating evidence, that evidence would be subject to the exclusionary rule and could not be used as evidence in court. Similarly, if the police obtained evidence through coercion, torture, or other unconstitutional means, that evidence would also be subject to the exclusionary rule. The purpose of the exclusionary rule is to deter police misconduct and to ensure that the constitutional rights of defendants are protected.

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The National Voter Registration Act, also known as the Motor Voter Act, was signed into law in 1993.

It aimed to simplify the voter registration process and increase voter participation by allowing eligible citizens to register to vote when they applied for or renewed their driver's license. The act also required state governments to offer voter registration opportunities at public assistance agencies and through mail-in forms. The Motor Voter Act had a significant effect on increasing voter registration rates, particularly among underrepresented groups such as minorities, low-income individuals, and young people. In the first year after its implementation, over 30 million new voters were registered. However, some critics argue that the act has also led to increased opportunities for voter fraud. Overall, the National Voter Registration Act has had a positive impact on expanding access to the voting process and increasing civic engagement among eligible citizens.

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The option d. All of these are valid arguments. The legal drinking age of 21 in the United States has been in place since the National Minimum Drinking Age Act was passed in 1984.

It is based on research that shows that this age restriction is most effective in preventing alcohol-related deaths, particularly among young people. Studies have also shown that when the legal drinking age is 21, people under this age drink less overall. Furthermore, the United States is one of the 60% of countries throughout the world that sets the minimum legal drinking age at 21. Therefore, all of these arguments support the legal drinking age of 21 as an effective measure to promote public health and safety.

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The case that gave courts the power to examine a law and determine whether it is constitutional is Marbury v. Madison.

Marbury v. Madison is a landmark case in United States law and constitutional history. It was decided by the United States Supreme Court in 1803, and established the principle of judicial review. The case arose when William Marbury, a Federalist who had been appointed a justice of the peace by President John Adams, sued Secretary of State James Madison for failing to deliver his commission.

In its decision, the Supreme Court held that the Judiciary Act of 1789, which Marbury had relied upon in bringing his suit, was unconstitutional.

The Court held that the Constitution itself was the supreme law of the land, and that it was the role of the judiciary to interpret the Constitution and strike down any laws that violated its provisions. The decision established the principle of judicial review, which has been a fundamental aspect of American constitutional law ever since.

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The Wade-Davis bill proposed by Congress for the reunification of the North and South required 50 percent of Southern voters to pledge allegiance to the United States.

It also required the creation of new state constitutions that abolished slavery and provided for civil rights for African Americans. The bill was vetoed by President Lincoln, who favored a more lenient approach to Reconstruction.

The Wade-Davis bill was a proposed bill by Congress in 1864, named after its sponsors Senator Benjamin Wade and Representative Henry Davis. The bill proposed a more demanding reconstruction plan for the southern states than President Abraham Lincoln's more lenient 10% plan.

Under the Wade-Davis bill, at least 50% of eligible voters in each seceding state would have to swear an oath of allegiance to the Union before a state could be readmitted to the Union. This was a much more demanding requirement than Lincoln's plan, which only required 10% of voters to take an oath of allegiance.

In addition, the Wade-Davis bill required the repudiation of Confederate war debts, the disenfranchisement of high-ranking Confederate officials, and the granting of voting rights to African American men. However, Lincoln pocket vetoed the bill and implemented his own Reconstruction plan after the end of the Civil War.

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