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Essay Multiple Choice

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All Jurisprudence based

0 tracked cards Political and Public International Law

A purported court rule creates a new substantive right to recover damages where no such right otherwise exists. Its defender argues that every rule is valid because the Supreme Court controls procedure. Assume the change is substantive rather than remedial. Which is best?

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The parties' silence removes the constitutional limitation Every rule may amend substantive law The assumed substantive creation conflicts with the express limitation on rule-making The rule is valid because its title says procedure

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