terça-feira, 24 de abril de 2012

Legal English: Quiz 1 / 2012-01

       I.      Mark the items below true (T) or false (F) according to our class materials and discussions.

    1)      _____Rather than a freestanding statute, SB 1070 is an enactment that amended and created new sections on immigration matters to the Arizona Revised Statutes (ARS).

    2)      _____In U.S. v. Arizona, the plaintiff asserts that the defendant’s intent to set its own immigration policy and enforcement scheme makes SB 1070 invalid because the federal government occupies the field on immigration.

    3)      _____Arizona argues that SB 1070 cannot be preempted by federal law because Congress has enacted legislation expressly encouraging cooperation from state and local authorities in the enforcement of immigration laws.

    4)      _____Among other enjoined provisions of SB1070 are ones criminalizing an alien’s failure to complete or carry alien registration documentation and attempt to solicit employment, in violation of federal immigration law.

    5)      _____SB1070, Section 6, gives state police the authority to arrest an alien without warrant when there is reasonable suspicion said alien has committed an offense that makes him/her removable from the United States.

    6)      _____In U.S. v. Arizona, the district judge ruled that SB 1070, Section 2(B), on mandatory status verification, is certain to impermissibly burden lawfully-present aliens and disrupt the federal immigration enforcement scheme.

    7)       _____In DHHS v. Florida, as argued before the USSC, the petitioner characterizes the health insurance market as a unique one where virtually everyone has transaction, whether they have used health care services or not.

    8)      _____Central to the respondents’ argument against the Obama health care reform is the unprecedented step by Congress of mandating the purchase of health insurance by individuals who have not used health care services or do not intend to use them in the near term.

    9)      _____The US argues that the minimum coverage provision compels individuals into commerce but is a necessary and proper exercise of power by Congress under the Commerce Clause because of the unique features of the health care market, such as the cost-shifting that occurs as a result of the uncompensated costs caused by the uninsured.

    10)  _____ The respondents argue that a proper means for Congress to achieve the goals of the reform would be to impose guaranteed issue and community rating regulations on insurers, or to subsidize health care through a tax.

      II.   Underline the best choices to complete the sentences below.

·         (1 – 2) The US argues that the individual decision to COMPEL/FORGO health insurance is one with a COMPREHENSIVE/SUBSTANTIAL impact on commerce.

·         (3 – 4) An ALLOCATION/INFLUX of state requests for status verification may IMPERMISSIBLY/LIKELY shift federal immigration enforcement priorities.

·         (5 – 6) Congressional STATUTE/FINDINGS on the matter were thought to JUSTIFY/IMPOSE the rules under discussion.

·         (7 – 8) The states contend that the regulatory WEB/REVENUE of the proposed scheme would not allow anyone to WITHDRAW/ESCAPE regulation.

·         (9 – 10)  Insurance cost is based on calculations of PREVENTIVE/ACTUARIAL risk, and the states argue that the POOL/RATES of young, healthy individuals without insurance could be covered at lower premiums.

·         (11 – 12) When deciding on a preliminary injunction, a judge must find that the balance of EQUITIES/ BURDENS tips in the favor of the moving party and that they are likely to suffer REASONABLE/ IRREPARABLE harm.

·         (13 – 14) Section 2(B) frustrates the POLICY/CONCERN of Congress for uniform rules PREEMPTING / GOVERNING the treatment of aliens.

·         (15 – 16) The requirement is found to be in CONTRAVENTION/PROSECUTION of a Supreme Court DIRECTIVE/LIKELIHOOD against subjecting aliens to police surveillance.

·         (17 – 18) Section 5 makes it a MISDEMEANOR/DETENTION for an unlawfully present alien to look for work, and Section 6 allows police to arrest without a WARRANT/PRECEDENT.

·         (19 – 20) Those provisions may lead to the ENFORCEMENT/HARASSMENT of legal residents who do not DETER/CARRY documentation.

           III.   Use words from the box to fill in the blanks below.

     to  enjoin
     to place
     to conflict
     to deter
     to  misconstrue
     to  move
     to err
     to vacate
     to  prevail
     to hinder

·         Arizona has asked the appeals court to (1)__________ the injunction granted by the lower court judge, whom it charges with (2)__________ principles of law in reaching her decision.
·         The US seeks to have SB 1070 declared null and (3)__________ on the grounds that it (4)__________ with and is preempted by federal law; the district court found that it is likely to (5)__________ on the merits.
·         While federal regulations bar unauthorized aliens from (6)__________ applying for work, Congress has also (7)__________ expressed the (8)__________ not to criminalize such conduct.  The Supreme court has also determined that aliens not be subjected to (9)__________ practices.
·         Arizona wants to set a policy of (10)__________ through enforcement in order to (11)__________ illegal immigration through SB 1070.  The US sued and (12)__________ for a preliminary injunction claiming, for example, that one provision may lead to (13)__________ arrests.  The US also argues that the Constitution does not allow for a (14)__________ of different immigration policies in different states.
·         The US also argues that SB 1070 will (15)__________ the federal government’s efforts to implement a uniform, well-balanced immigration policy by (16)__________ a counterproductive burden on federal resources.
·         The judge says she applied (17)_________ legal standards based on well established (18)__________ in deciding to (19)__________ SB 1070 provisions.  She also held a (20)__________ where the parties presented their arguments.

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