The Legal Environment of Business: Text and Cases (MindTap Course List)
10th Edition
ISBN: 9781305967304
Author: Frank B. Cross, Roger LeRoy Miller
Publisher: Cengage Learning
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Chapter 2, Problem 3CT
Summary Introduction
Case Summary: Forum’s power to decide question of fact and law.
To Find: The binding court on the question of fact and question of law.
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An example of a legal object may be :
a) an idea you have for a new business venture
B) a 21-year old male person
C) all natural and juristic persons
D) all the above
Does the concept of judicial interpretation of the law mean that judges can make whatever law they wish? And, how can courts remain flexible, if they are required to follow precedent?
Type of court law?
Chapter 2 Solutions
The Legal Environment of Business: Text and Cases (MindTap Course List)
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- What is the National Conference of Commissioners on Uniform State Laws? A group of experts who develop laws for states to adopt so that laws on specific subjects will be the same from state to state An organization made up of representatives from the legislatures in each state that negotiates changes to state laws intended to standardize state laws A committee of the U.S. Congress whose purpose is to propose how differences in state laws can be resolved A committee of the American Bar Association whose purpose is to recommend to the U.S. Congress how differences in state laws can be eliminated What is the legal concept that rulings made by the highest courts must be followed by lower courts in future cases? Civil law Model laws Stare decisis Restatement of the lawarrow_forwardSubstantive law includes the following areas of law: a) Criminal Law b) Criminal Procedure c) Family Law d) Contract Law e) a,c, and d only f) a,b, and d onlyarrow_forward1) At the end of all her written communications, employee writes "have a blessed day." One of employer's most important clients requests that employee not do so and employer asks employee to stop. Employee refuses, saying it is a part of her religion. If employee sues the employer for religious discrimination, is she likely to win? 2) A Michigan Holiday Inn fired a pregnant employee because the "very Christian" staff members were very upset by her talk of having an abortion. Has the employer violated Title VII? 3) A police officer who is assigned to a casino refuses the assignment, claiming his Baptist religion prohibits him from gambling or being around gambling. Is he legitimately able to do so? Respond to the questions list in each with support / justificaiton from fact / law / regulation. Cite as appropriate. A paragraph for each (1pg-ish) should do the trick.arrow_forward
- whats the difference between statutory law and case lawarrow_forward1-5. THE DOCTRINE OF PRECEDENT. Sandra White operated a travel agency. To obtain lower airline fares for her nonmilitary clients, she booked military-rate travel by forwarding fake military identification cards to the airlines. The U.S. government charged White with identity theft, which requires the “use” of another’s identification. As background, the court in the White case had two cases that represented precedents. In the first case, David Miller obtained a loan to buy land by representing that certain investors had approved the loan when, in fact, they had not. Miller’s conviction for identity theft was overturned because he had merely said that the investors had done something when they had not. According to the court, this was not the “use” of another’s identification. In the second case, Kathy Medlock, an ambulance service operator, had transported patients for whom there was no medical necessity to do so. To obtain payment, Medlock had forged a physician’s signature. The court…arrow_forwardThe different degree of reliance on oral evidence by witnesses somehow differentiate the culture of evidence-raising in civil law and common law jurisdictions. In your view, if a witness already provided written testimony, is it still necessary to summon each of them to provide oral evidence?arrow_forward
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