Business Law Ch 1 Solutions 12e

2134 Words May 28th, 2014 9 Pages
Chapter 1

Introduction to Law and
Legal Reasoning

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.

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
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Answers to Questions and Case Problems
AT THE END OF THE CHAPTER

1-1A. Sources of law (Chapter 1—Pages 4–5, 7–8, 9 & 16)
Common law developed in the judicial system of England and its colonies before 1776. Statutory law refers to the body of law that is enacted by state and federal legislatures. Common law is not in any particular form; it consists of quotable statements taken from relevant opinions by prior judges, as well as ancient statutes, and is often summarized in legal treatises. Statutory law is found in the current published laws of each jurisdiction and is relatively concise. Although most states have adopted common law by legislative decree, state legislatures do not feel obligated to pass statutes consistent with common law, and inconsistent statutes supersede common law. Only in areas in which the legislature has not acted does common law serve as the primary authority. For example, the adoption of the Uniform Commercial Code in each state changed some rules of common law previously in effect.

1-2A. Question with Sample Answer: Schools of jurisprudential thought
At the time of the Nuremberg trials, “crimes against humanity” were new international crimes. The laws criminalized such acts as murder, extermination, enslavement, deportation, and other inhumane acts committed against any