Business Law Ch 1 Solutions 12e

P1.1 explain the importance of the essential elements required for the formation of a valid contract

BMGT 380 Exam One Statutory Interpretation 1. Plain Meaning Rule: Courts are supposed to apply and interpret statutes (法令) according to their usual or ordinary meanings. 2. Legislative History (when 1 conflicts with 2，consider 2 first): if legislative history suggests a different outcome than plain meaning rule, the court then will mostly likely do what the legislative history suggests.

When first establishing the Nuremburg IMT and before any legal action could be taken against the accused there were several legal and technical complications to overcome first. The first problem encountered by the Allies was the fact that there had never before been a precedent for an international trial of war criminals. Of course, there had been earlier instances of war crimes, but these trials were conducted not on an international level rather they were conducted according to the laws of one nation as opposed to various nations. However, in the case of the Nuremberg trials four nations Britain, France, the Soviet Union, and the United States all of whom had different legal practices were included in this international wartime trial. In order to remedy this problematic concern, the allies created the London Charter of the International Military Tribunal on August 8th, 1945 which greatly aided in establishing the legal basis for conducting the trials of high-ranking Nazi officials whom had been accused of committing “war crimes, crimes against the peace, and crimes against humanity” during the duration of the war (Hallock 128). It is without denial that the Nuremberg trials played a pivotal role in the formation of international politics. The London Charter became the first ever document of its kind as it established the boundaries and practices that would be followed during international war crime hearings for decades to come. In addition, the Nuremberg trials have had countless impacts on international law as this is where the term “crimes against humanity” were given a definitive legal classification. For the first time in human history individual rights and their being subject to law was established, in a region which only previously acknowledged the rights of States.

At the end of the Nuremberg trials, the international court was justified in finding the defendants guilty of crimes against humanity under the rule of natural law. The defendants claimed that they had merely been acting according to German law and did not realize their wrong doings. The judges dismissed these claims, affirming that the defendant’s acts were inhumane and clearly went against natural law which should be considered the foundation for all law. The acts they committed would be commonly known as crimes anywhere else around the world at that time and the accused should have known that the acts would be considered criminal whether they were ordered to do so or acted on their own behalf.

These trials were taken into account with the formation of the United Nations and the Geneva Conventions, as well as influencing documents written by NATO. These are all major organizations focused on enforcing international law today. They also showed that humans have rights under international laws that cannot be violated by any state. This means that if a country has a law in place that goes against international law, leaders of that country can be prosecuted because of it. Society also took into consideration the mistakes made during these trials, and used them as a building block on how to approach future trials.The Nuremberg Trials also helped defined crimes against humanity. While genocide had occurred before the trials occurred, it was never to the extent Nazi Germany took this horror too. Now, international law defines crimes against humanity as “Murder, extermination, enslavement, deportation and other inhuman acts done against any civilian population, or persecutions on political, racial or religious grounds, when such acts are done or such persecutions are carried on in execution of or in connection with any crime against peace or any war crime” (Rosen). And these trials come into consideration in how we approach prosecute those accused of war crimes

George Fletcher, a globally well-known scholar of legal philosophy, criminal law, comparative law, and torts, writes that there are three components of law; statutes, cases, and writings about law. Each law has a role they play in our understanding on how law legal systems operate. A statute is a written law accepted by a legislature on the state or federal level. Statutes established forth general statements of law that courts apply to specific circumstances. A statute may prohibit a definite act, direct a definite act, make an announcemnt, or create forth governmental procedures to help society. A statute, proposed or supported by a legislator, starts as a bill. If the proposal survives the legislative committee process and is acknowledged

‘In nearly all the criminal prosecutions concerned with crimes against humanity committed during or after World War II, some observers have doubted the ability of the criminal law to deal with the events precisely in view of their enormous moral, historical, or political significance.’

Bernie will prefer to act as a CEO in a Corporation with a board of directors that will direct him and will borne the direct responsibility for the acts of the corporation. He will also have the responsibility for the acts of the corporation. In order to attract Bernie to join the business, it is likely to offer him shares or options to purchase the shares of the corporation. This is not possible under a LP.

The prosecution at Nuremberg amalgamated a collection of international treaties, conventions, declarations, and agreements upon which to build its foundation for the tribunal’s law (Rosen, ???). In his view, Justice Jackson affirmed that this collection provided criminal statues, which in fact were not ex post facto laws, in that the statues were principles recognized internationally since the dawn of crime and legal code (Linder, ???). Therefore, the original Nuremberg tribunal was a fair application of internationally, including Germany, recognized code to prosecute crimes against peace. Yet, Nuremberg did set a dangerous precedent. If one considers the validity of ex post facto prosection, coupled with victor’s justice, then one may recognize the possibility for abuse and exploitation by an unjust victor.

There are five sources of laws in the United States which are constitution law, statutory law, administrative law, case law and common law doctrine. Constitution law is the law based on the U.S. Constitution. Statutory law is the body of the law passed the legislative bodies like the house of representatives or the senate. Administrative law the body of laws created by the administrative agencies to carry out duties similar to social security. Case law interprets statutes, regulations, and constitutional provisions. Common law doctrine is the rules establish and the codified into legislation definition.

Most nations today follow one of two major legal traditions: common law or civil law. The Common law emerged in England during the Middle ages and was applied within British colonies across continents. The civil law tradition developed in continental Europe around the same time and was applied in the colonies of European imperial powers. One Scholar has written: “The Civil Law (as reflected in the National Codes of continental Europe) and the English Common Law looked nothing like each other when they were born. However, with age they have grown to resemble each other. While one can still tell them apart, the differences between the two systems are not nearly as striking as they once were.” However, in

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Gina decides to accept Jamie’s tender and in doing so sends a formal document in the form of a letter to Jamie, stating the terms and conditions of her acceptance. It is at this point that Gina has accepted Jamie’s tender and the terms of intention and consideration to form a contract have been met by Gina and now relies on Jamie being able to meet the terms of the contract and giving a formal reply to Gina to complete the contract.

It is sent to a new customer, or an existing customer who has been late making a payment

Conflict of laws involves situations when there is a foreign element in a case. There are three main questions which arise for determination in conflict of laws: choice of jurisdiction, choice of law, and recognition and enforcement of foreign judgment.