Law week 1

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University of Wisconsin, Madison *

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364

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Law

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Feb 20, 2024

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docx

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2

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What is the role of each of the three branches of government in making the law? 1) Legislative branch – It is made of the house and the senate (congress). Congress creates or makes laws. It has the power to approve federal appointments like supreme court justices. It has the power to declare war. 2) Executive branch– None other than the President of the United States (the white house) is entrusted with implementing and enforcing the law. It has the power to appoint federal judges and also has the power to lead the armed forces during the war. 3) Judicial branch– Court of laws works to interpret laws and it has the power to declare laws by the government and at the same time, it can decide the punishment for lawbreakers. It also has the power to settle disputes between states. Stare decisis requires courts to respect and follow established precedent. Why do you think stare decisis is important in our common-law system? What do you think would happen if courts were not bound to stare decisis? Stare decisis means “to stand by that which is decided”. It is a very important rule in the common law to ensure that a court treats cases that are similar in facts with a similar decision. Stare decisis makes the outcome predictable. It increases consistency, stability, and certainty in the judicial process. Although on the downside stare decisis can lead to the preservation of cases decided wrongly. If stare decisis is not followed it could cost time and effort to ask the same questions in the same context but not have a similar outcome because the lawyer had less experience representing a case or the judge had a different perspective, and judgment would not be fair. Federal and U.S Supreme court is not strictly bound by stare decisis against its own previous decisions or a decision from a lower court, whereas local courts have to oblige to the decision of higher courts. Stare decisis also is not for civil law. In a business context for example, if a product sold is damaged or harmful if a suit is filed and the company pays a penalty, every other case which is similar and all the companies that sold similar product with the same impact has to pay a penalty. It is very important because it helps to get equal justice. Imagine that you are an entrepreneur. What type of business would you open? Would you know what types of permits were required to conduct your business and which government entities had jurisdiction over your business? If not, how could you find out? It has always been a dream of mine to own a small family-run restaurant, and I currently reside in PA. I would think the legal system in the US will be involved in every step from registering a business name (fictitious name) to getting a Business License with the department of state, cities like Philadelphia also need a special commercial activity license from the City of Philadelphia, getting a certificate of occupancy from the county or city building inspection. Sign permit required from the city, property owner, or county. Foodservice license from PA Department of agriculture to ensure food safety, Employer Identification Number (EIN) from the Internal revenue service that is used for business revenue taxes. Sales tax license from PA Department of revenue, Food handler’s permit Liquor license is required when the restaurant serves alcoholic beverages from the Pennsylvania Liquor Control Board (PLCB). The local businesses fall under the jurisdiction of the state and the city, and the federal plays a role in terms of running business across state lines and in taxation.
https://business.pa.gov/ is very resourceful and offers step-by-step instructions to start a business, US Chamber of commerce is also valuable to gather information on starting a business. What would business be like in a land without any rule of law system? Be specific. Without the rule of law, there will be a lack of integrity in conducting business, Law exists to protect the interest of the business and the consumers. No intellectual property rights to ensure revenue and there will be a general lack of motivation to invest or establish a business in an unsafe environment. When there is no consequence for action then the line between right and wrong vanishes. No one would want to pay taxes. There will be no concern for the general safety of the public to buy or use a product. Name a Federal or State statute that affects and/or controls your particular business or industry? Why? The main federal statutes that affect the restaurant operations are the US code of commerce and trade (15 USC), Labor (29 USC), and public health and welfare (42 USC). There are also federal regulations that regulate the restaurant businesses Animal and Animal Products (9 CFR) Food and Drugs Regulation (21 CFR) Labor regulations (29 CFR) In the State statutes, that impact the restaurant businesses is Department of Agriculture Title 3 of the constitution of Pennsylvania chapter 57 on food safety. Specific Labor-related statutes have prominence given their importance and often an area that leads to financial loss is the Occupational Safety and Health Administration run by the U.S. Department of Labor, and the federal Fair Labor Standards Act (FLSA) impacts how tipped employees must be paid, how tips must be accounted for, and how overtime and other payroll issues must be handled. Which three federal administrative agencies affect you or your family the most? Why? The three main federal administrative agencies are the PA State police protect the business and the consumer and also administer the Bureau of liquor enforcement, USDA Food Safety and Inspection Service (FSIS), and NOAA Seafood Inspection Program inspect the restaurants and provide safety certification. Identify an action that would violate social norms but would not violate any laws. Can you identify any violations of law that would not violate any social norms? Using profane language in public or social gatherings can break the social norm but it is not breaking the law, whereas driving over the speed limit is breaking the law but happens more frequently. Do you think that the “home court advantage” that justifies diversity jurisdiction still exists? Why or why not? General and Specific Personal Jurisdiction: https://youtu.be/vegNcQtNlVo Should judges consider the social consequences of their decisions that go beyond legal issues? What if the case involves an individual who has committed a crime and the judge is asked to release the defendant on a mere “technicality?” 28
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