BLAW Questions Week 1

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University of Cincinnati, Main Campus *

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2080

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Law

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Apr 3, 2024

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docx

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Chapter 1 1(A). Identify several reasons put forth to explain why nations are prosperous or poor. A lot of factors can lead to a nation being poor, but a few we read about in the book relay to lack of natural resources, poor education, poor technology, and private markets within the economy. 2(A). Define law. Compare and contrast law and custom. Laws are defined as rules made by a government that states how people may or may not beave in society and in a general business. Laws and customs relate in some ways but differ in others. Like when you are in a foreign country, you may not understand their customs that relay back to society, but you can understand their laws and what is permitted and prohibited in their society. 4(B). Why is property important to society? To private enterprise? Property is important to society because it is something that is theirs and that they own. It allows people to set their own personal boundaries within society. Owning private property allows people and society to develop their own resources and productive thoughts. 6(A). Define jurisprudence and name four schools of jurisprudence. Jurisprudence is the philosophy and origin of law. Natural, positive, historic, and legal law. 7(A). What is “common law”? Why is the United States a “common law country”? Common law is law that is derived from judicial decisions instead of from statutes. The US is a common law country because the English colonist brought the system over to America when the colonized the states. 7(B). What is the primary distinction between common law and civil law legal systems? Civil law courts do not make their law or think that they are obligated to follow these precedents. 11(A). Explain what it means to say that constitutions are the “highest laws of the nation.” Since the constitution is the highest form of law in our nation, all the laws in it override all other sources of law. 12(B). Why is uniformity of law important to business? How can legislators achieve uniformity of the laws affecting business? What is the most significant uniform law affecting business? Uniformly law is important to business because if a society does not have similarity from law to law, it decreases necessary conduct between states and differing laws. Congress can enact a law that overrides, or a state legislator can adopt a single law in the main area. The most significant law is the Uniform Commercial Code. 13(A). Define stare decisis. What are its advantages? Disadvantages? “Let the prior decision stand.” Advantages: proper rights to people’s property, which makes people more willing to invest into society more when it comes to things like factories or warehouses. Disadvantage: Large number of cases, dicta, rejection of precedent, and conflicts of law and interest.

13(B). What is the distinction between a precedent and dicta in judicial decisions, and how does this distinction relate to stare decisis ? A precedent is a case opinion that then becomes a law for future cases involving similar facts. A Dicta is what the court says that is not apart of the precedent. 13(C). Alex was on a coast-to-coast trip by automobile. While passing through Ohio, Alex had a flat tire. It was fixed by Sam’s Turnpike Service Station, and later, while Alex was driving in Indiana, the tire came off and Alex was injured. Alex was hospitalized in Indiana, so he sued Sam in Indiana for the injuries. What rules of substantive law will the Indiana court use to determine if Sam is at fault? Explain. The court would use the conflicts of law rule to see if Sam is at fault. Due to Sam possibly taking poor care of the tire, the conflict of rule law applies the law in Indiana, since that is where the accident happened. Chapter 2 4. Compare and contrast ethics and morality. What do philosophers call the result of ethical examination? Morality is what guides our behavior and ethics is the statement of our morality. “The good” and it serves to define our good. 8(A). Is it ethical to advertise tobacco products in association with a desirable, exciting, or sophisticated lifestyle? No because advertising these products by misinforming the audience that it is desirable is wrong. 8(B). Is it ethical to advertise these products in association with a cartoon character that is appealing to young people? No because adding a cartoon character does not make the lying statement ethical. 10. Discuss why lawyers are sometimes viewed as being unethical. Is the average lawyer more, or less ethical than the average business manager? They tend to ask more open-ended questions and they are seen to be criticized in past writings. I wouldn’t compare the ethicalness of a lawyer to an average business manager because they both are seemed to share their own set of moral and ethical values like that of any business manager. Chapter 3 8. Define the power of judicial review. How do advocates of judicial restraint exercise that power? Judicial review is the most important powers of the courts. It allows courts to review laws passed by the legislative branch and lets them determine if they are constitutional or not. They do not use power most of the time and give deference to the actions of the branches of government. 9. Define judicial activism. Compare and contrast judicial restraint and judicial activism.

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