Homework Help

Business Law Chapter 1 Homework Us Constitution Which The Supreme Law The

Page Count
5 pages
Word Count
2214 words
Book Title
Business Law: Text and Cases 14th Edition
Authors
Frank B. Cross, Kenneth W. Clarkson, Roger LeRoy Miller
1
CHAPTER 1
LAW AND LEGAL REASONING
ANSWER TO CRITICAL THINKING QUESTION
IN THE FEATURE
ETHICS TODAYCRITICAL THINKING QUESTION
When is the Supreme Court justified in not following the doctrine of stare decisis? The
doctrine of stare decisis requires a court to adhere to precedent to promote predictability and
consistency. To overcome the doctrine of stare decisis a precedent must be more than just
wrongly decided. There has to be a special reason to overrule it. It is more likely that the
Supreme Court waves the doctrine of stare decisis when issues unrelated to business are the
focus of cases at bar. Specifically, issues that involve discrimination, freedom of speech,
privacy, and so on are more likely to involve disregarding of the doctrine of stare decisis if the
political atmosphere has changed since the original decision.
ANSWERS TO QUESTIONS IN THE REVIEWING FEATURE
AT THE END OF THE CHAPTER
1A. Parties
The automobile manufacturers are the plaintiffs, and the state of California is the defendant.
2A. Remedy
The plaintiffs are seeking an injunction, an equitable remedy, to prevent the state of California
from enforcing its statute restricting carbon dioxide emissions.
3A. Source of law
This case involves a law passed by the California legislature and a federal statute; thus the
primary source of law is statutory law.
2 UNIT ONE: THE LEGAL ENVIRONMENT OF BUSINESS
4A. Finding the law
Federal statutes are found in the United States Code, and California statutes are published in
the California Code. You would look in these sources to find the relevant state and federal
statutes.
ANSWER TO DEBATE THIS QUESTION IN THE REVIEWING FEATURE
AT THE END OF THE CHAPTER
Under the doctrine of stare decisis, courts are obligated to follow the precedents
established in their jurisdictions unless there is a compelling reason not to. Should U.S.
courts continue to adhere to this common law principle, given that our government now
regulates so many areas by statute? Both England and the U.S. legal systems were
constructed on the common law system. The doctrine of stare decisis has always been a major
part of this systemcourts should follow precedents when they are clearly established,
excepted under compelling reasons. Even though more common law is being turned into
statutory law, the doctrine of stare decisis is still valid. After all, even statutes have to be
interpreted by courts. What better basis for judges to render their decisions than by basing
them on precedents related to the subject at hand?
In contrast, some students may argue that the doctrine of stare decisis is passé. There is
ANSWERS TO ISSUE SPOTTERS
AT THE END OF THE CHAPTER
1A. Under what circumstances might a judge rely on case law to determine the intent
and purpose of a statute? Case law includes courts’ interpretations of statutes, as well as
constitutional provisions and administrative rules. Statutes often codify common law rules. For
these reasons, a judge might rely on the common law as a guide to the intent and purpose of a
statute.
2A. After World War II, several Nazis were convicted of “crimes against humanity” by
an international court. Assuming that these convicted war criminals had not disobeyed
any law of their country and had merely been following their government’s orders, what
law had they violated? Explain. At the time of the Nuremberg trials, “crimes against humanity”
CHAPTER 1: LAW AND LEGAL REASONING 3
ANSWERS TO BUSINESS SCENARIOS
AT THE END OF THE CHAPTER
11A. Binding versus persuasive authority
A decision of a court is binding on all inferior courts. Because no state’s court is inferior to any
1-2A. Sources of law
(a) The U.S. ConstitutionThe U.S. Constitution is the supreme law of the land. A
law in violation of the Constitution, no matter what its source, will be declared unconstitutional
1-3A. Stare decisis
Stare decisis is a Latin phrase meaning “to stand on decided cases.” In the King’s Courts of
medieval England, it became customary for judges to refer to past decisions (precedents) in
deciding cases involving similar issues. Over time, because of application of the doctrine of
4 UNIT ONE: THE LEGAL ENVIRONMENT OF BUSINESS
ANSWERS TO BUSINESS CASE PROBLEMS
AT THE END OF THE CHAPTER
14A. SPOTLIGHT ON AOLCommon law
The doctrine of stare decisis is the process of deciding case with reference to former decisions,
or precedents. Under this doctrine, judges are obligated to follow the precedents established
within their jurisdiction.
In this problem, the enforceability of a forum selection clause is at issue. There are two
precedents mentioned in the facts that the court can apply The United States Supreme Court
1-5A. BUSINESS CASE PROBLEM WITH SAMPLE ANSWERReading Citations
The court’s opinion in this case—Equal Employment Opportunity Comission v. Autozone, Inc.,
809 F.3d 916 (7th Cir. 2016)can be found in volume 809 of Federal Reporter, Third Series on
1-6A. A QUESTION OF ETHICSThe common law tradition
(a) Your answer to these questions and the reasons for those answers will likely
follow one of the three schools of jurisprudential thought discussed in Chapter 1. In other
words, your reasoning would indicate how you personally view the nature of ethics and the law.
If your sentiments are similar to those of the positivist school, you would have little difficulty.
Your answers would include that regardless of the necessity, or even the ethicality, of the men’s
actions, the criminal law of their nation should be applied. In contrast, if you hold that there is a
CHAPTER 1: LAW AND LEGAL REASONING 5
ANSWERS TO LEGAL REASONING GROUP ACTIVITY QUESTIONS
AT THE END OF THE CHAPTER
17A. Court opinions
(a) A majority opinion is a written opinion outlining the views of the majority of the
judges or justices deciding a particular case. A concurring opinion is a written opinion by a
judge or justice who agrees with the conclusion reached by the majority of the court but not
necessarily with the legal reasoning that led the conclusion.
(b) A concurring opinion will voice alternative or additional reasons as to why the

Trusted by Thousands of
Students

Here are what students say about us.

Copyright ©2022 All rights reserved. | CoursePaper is not sponsored or endorsed by any college or university.