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Essay Questions Exam #1

Due Sunday Oct 19th @ 10pm

Emmanuel

1. What are the differences between domestic law and international law? What are the sources for international law?

Domestic law is enforced by legit government. Codified by a legitimate government. Domestic law is dominated by dominated by culture. No true international law

International law – 1) a nation can consent to be bound by international law (agree to a treaty)

2)a convention (comes out of the UN) UN has to be signed by each country- international contract. 3) also consent by custom & practices.

2. What is "enfranchisement"? Discuss the amendments in the US Constitution that applies to

Enfranchisement- to admit to the privileges of a citizen and especially to the right of suffrage

Amendments

· 15th – blacks

· 19th –deals with women rights

· 23th –Washington D.C. can vote

· 24th – abolish property tax vote

· 26th – Lower voting age to 18 years

David Lopez

3. What is “ethics”? What is “morality”? What are the differences between ethics, morality and the law? Briefly discuss legal obligations, professional obligations and organizational obligations.

As mentioned in chapter 5, at the most basic level, ethics constitutes right or wrong behavior. It is a branch of philosophy focusing on morality and the way moral principles are derived and implemented. Ethics has to do with the fairness, justness, rightness, or wrongness of an action. Morals are influenced by culture or society, however they are principal’s set individually by person to person. Business ethics and business law are closely intertwined because ultimately the law rests on social beliefs about right and wrong behavior in the business world.

4. What is "pleadings"? Discuss the contents of a complaint.

The complaint and answer, taken together, are known as the pleadings.

-The facts showing that the court has subject- matter and personal jurisdiction

-The facts establishing the plaintiff’s basis for relief,

-The remedy the plaintiff is seeking.

5. Discuss at least four reasons why the court will apply equitable remedies. Note:UMIRU

Equitable remedies include specific performance, an injunction, and rescission. Specific performance involves ordering a party to perform an agreement as promised. An injunction is an order to a party to cease engaging in a specific activity or to undo some wrong or injury. Rescission is the cancellation of a contractual obligation.Todays courts will not grant equitable remedies unless the remedy at law (monetary damages )is inadequate.

6. Briefly discuss the major publication, practices and invention that had an influence on the US Constitution.

Ideas from many people and several existing documents, including the Articles of Confederation and Declaration of Independence had major influences on the publication for the constitution.

7. What is evidence law? What criteria must be met for evidence to be admissible.

The law of evidence provides principles and rules to prove facts in a court.

To be admissible evidence must be relevant to the case and follow:

Depositions (sworn testimony by either party or any witness).

Interrogatories (in which parties to the action write answers to questions with  the aid of their attorneys).

admissions, documents, examinations, or other information  relating to the case.

electronically recorded information, such as e-mail, text  messages, voice mail, and other data.

8. Briefly discuss the Articles of the US Constitution.

Article 1- All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. the U.S. Congress makes the laws for the United States.

Article 2- The executive Power shall be vested in a President of the United States of America. the President, Vice-President, Cabinet, and Departments under the Cabinet Secretaries carry out the laws made by Congress.

Article 3- The judicial Power of the United States, shall be vested in one supreme Court. The courts under the Supreme Court decide criminal and civil court cases according to the correct federal, state, and local laws.

Article 4 -States have the power to make and carry out their own laws. State laws that are related to the people and problems of their area. States respect other states laws and work together with other states to fix regional problems.

Article 5- The Constitution can be changed. New amendments can be added to the US Constitution with the approval by a two-thirds vote in each house of Congress , and three-fourth vote by the states.

Article 6 - Federal powers: The Constitution and federal laws are higher than state and local laws. All laws must agree with the US Constitution.

Article 7: Ratification: The Constitution was presented to George Washington and the men at the Constitutional Convention on September 17, 1787, Representatives from twelve out of the thirteen original states signed the Constitution. From September 1787 to July 1788, the states meet, talked about, and finally voted to approve the Constitution.

9. Discuss the appropriate laws applicable to marketing.

Laws applicable to marketing include those to protect consumers from unfair or deceptive trade practices, including deceptive advertising. Every businesses has a legal obligation to ensure that those marketing and advertising materials are truthful and not deceptive or otherwise a violation of the law.

10. What is “constitutional law”? What are the basic concepts of the US Constitution.

It is a set of standards we have set out in our society. Our country and states operate under all these laws.The Constitution is the supreme law of the land. As such, it is the basis of all law in the United States.

11.) The federal appellate districts by circuit and city are District of Columbia, Washington, 1st Boston, 2nd New York, 3rd Philadelphia, 4th Richmond, 5th New Orleans, 6th Cincinnati, 7th Chicago, 8th St. Louis, 9th San Francisco, 10th Denver, 11th Atlanta and finally Federal Circuit. Federal Circuit is any of the above places listed as the court rules by directs.

Doug Jensen

12. In terms of the “balancing concept”, briefly discuss the various tests the courts apply in balancing the interest of the public with the exercise of individual rights. CSR

The balancing concept is that courts have to balance the rights of individuals against the interest of the state, no rights are absolute and exercise of rights are subject to restrictions by government. The various test can be remembered as CSR, Compelling interest test, Substantial relations test, and Rational Basis test.

The Compelling interest test. Compelling Interest Test: government must show a compelling interest, and the means to achieve that compelling interest must be narrowly tailored such that there are no other viable alternatives.

Substantial Relations Test: Government must show an “important interest” and the means to achieve that important interest must be substantially related.

Rational Basis Test: Government must show a “legitimate interest” and the means to achieve that legitimate interest must be rationally related.

13. What is the Common Law Legal System? What is the primary source of law used in deciding cases in the Common Law Legal System? Why do "court decisions" play a prominent role in applying statutes in deciding cases? Hint-diversity, cases before statutes and interpretation.

A "common law system" is a legal system that gives great precedential weight to common law, on the principle that it is unfair to treat similar facts differently on different occasions. The primary source of law used in deciding cases in the Common Law Legal System are old court case decisions. They play such a prominent role in applying statutes because common law uses the statutes that the other cases decided in a similar case.

14. In general, discuss the elements of “LAW”.

The elements for law are as follows: culture, codification, control, enforcement, and acceptability. Culture law is a manifestation of the ethics, morals and cultural patterns of society that defines good and bad behavior or right or wrong behavior. Codification law is the product of a deliberative, rational, logical process that is prescribed by law within that society. Control Law is designed to regulate and control conduct so that government, individuals and business will act in a predictable manner given a “social, political or economic” stimuli. Courts have the legal obligation to enforce the law. Enforcement: only the courts can grant punishment or award remedies after applying the law in determining if the law has been violated. Acceptance: people expect the law to serve their general interest.

15. What was the original intent of the “Bill of Rights”? Which provisions of the “Bill of Rights” have not been incorporated into the “Due Process Clause” of the 14th Amendment.

The bill of rights was added to the constitution after it was ratified because a political party at the time, called the federalists, were afraid of giving the government too much power. They compromised by adding the Bill of Rights, so everyone would ratify the Constitution. The provisions that have not been incorporated in the 14th amendment are the “laws” that allow the court to restrict some rights if they are narrowly tailored to do so. If society seems fit they can restrict some rights even though the 14th amendment says they cannot.

16. In terms of “indirect democracy”, discuss the process by which an “idea” is converted into a code.

In direct democracy it goes from an idea to a bill then to the legislative process then it is converted into one version of the bill then it goes to the governor and he/she signs bill and it becomes a law in six months then a statute and then code.

17. What is the purpose of Article 1, section 8? Discuss at least four provisions of Article 1, section 8.

The purpose for article 1 section 8 is that Congress shall have Power to lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States. They are a lot of provisions but I will discuss 4 of them.

One provision was for congress to borrow Money on the credit of the United States; Congress is allowed to go into debt to pay for government programs and services. Deficit spending by the government was fairly rare in peacetime through much of American history, but has been quite common in recent decades.

Another provision is for congress to provide for the Punishment of counterfeiting the Securities and current Coin of the United States aka don’t counterfeit.

Thirdly congress has the ability to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries, which allows creative inventions.

Lastly, congress can declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water.

18. Discuss the functions of law in a legal system.

I guess in simple terms the function of law in a legal system is to decide what is right and wrong. In reference to its maintenance of order, law must decide exactly what is lawful and what is not. In this same way, the purpose of law remains to provide a basis for which one may lead a lawful life, with the well-being of others as a consequence of such a function. Another function of law is to create predictability in the judicial field of view. Laws help advance a society because without them we would just keep repeating history. Law maintains individual freedoms while still keeping in mind what is moral and right.

19. What is a “Suspect Classification”? Discuss the elements of a “suspect classification”. IHMIE

In American jurisprudence, a suspect classification is any classification of groups meeting a series of criteria suggesting they are likely the subject of discrimination. Suspect classifications include classifications based on race, national origin, and citizenship. Courts uphold suspect.

20. What is the function of Article 1, section 9. Discuss at least four provisions of Article 1, section 9.

The Function of Article 1, section 9 is to limit the power of Congress and it places limitations on how law is made in the U.S. In The first clause, the constitution stops Congress from banning the Importation of slaves before 1808. Next it provides the privilege of a writ of habeas corpus. This allows a prisoner to challenge his or her imprisonment in court. Third, it prohibits a bill of attainder. Which are laws against specific people or groups making them automatically guilty of crimes without a normal court proceeding. Intended to deny and prevent Congress from bypassing the courts and denying criminals there guaranteed rights in the constitution. Fourth gives Congress the power to impose a federal income tax and prohibits states from imposing taxes on goods coming into their state from another state.

Brittany Chavez

21. Discuss the contents of a "complaint".

A complaint is defined according to the book as, “the pleading made by a plaintiff alleging wrongdoing on the part defendant; the documents that, when filed with a court, initiates a lawsuit”. The contents of a complaint are a three step process. The first part of the complaint must maintain a statement that claims there is a personal jurisdiction and a subject matter as stated as facts by a court. Secondly, the same facts must demonstrate the plaintiff’s basis for relief. Finally the complaint must state what the plaintiff is seeking in order to receive relief.

Reference: (Text book) “Business Law: First Course (Text & Cases)” p.52 & Glossary G-7

22. What is “critical thinking”? Discuss the various steps applied for “critical thinking”. Note: SGARROOP-gara

Critical thinking is way of having another individual be influenced on a position based on information, in which one has a particular interest. One can achieve this goal using the acronym SGARROOP-gara which are the steps that can be used for “critical thinking” (Selecting A Topic, gathering Information (Source of Information), authentication, relevancy, accuracy/reliability, objective evaluation, organization, professional presentation, identifying the audience, revision, and appearance).

One must first start by selecting a topic in which we are trying to convenience another individual. Secondly, one must gather information relevant to the topic. Next, one must make sure that the information is authentic, relevant on the topic and on time, and accurate and reliable. Then, one must make sure that the information presented has a clear objective and is organized, as well as that the audience has been identified. Finally that it is presented in a professional manner and appearance, after careful revision.

Reference: (Power point) Introduction to law (1), slide 11.

23. Discuss the appropriate laws applicable to human resources.

The laws that are applicable to human resources, would be on how to handle employees, discrimination laws, contract law, and labor laws.

Reference: (Reader) pg. 6 under section f. labor

24. What is “Substantive Due Process”? Discuss the various methods used to challenge an act of government. IVOCR

The substantive due process according to the book, “is focused on the content of legislation rather than how fair the procedure may be. It places limit on the legislative and executive capacities, based on the due process of fifth and fourteenth amendment. This lets government violate an individual fundamental rights only if there is a compelling interest on rational basis.

Reference :( Text book) “Business Law: First Course (Text & Cases)” p.89, Reader pg. 12

25. Discuss the various forms of legal reasoning. DILAT

Legal Reasoning is using information to persuade a judge in a particular decision. DILAT can be used in legal reasoning. (Deductive-general to specific, inductive-specific to general, linear interconnection of relevant facts, analogy-no law on point, use law that relates, traditional). Legal Reasoning is used in questioning how to settle a case by previous cases decisions. One can use IRAC, which stands for issue, rule, application and conclusion.

Reference: (Power point) US court systems (1), slide 12. (Text book) “Business Law: First Course (Text & Cases)” p.9.

26. Discuss the Articles and Amendments that apply to the Executive Branch in the US Constitution.

Article II, and the 12th, 20th, 22nd, and 25th amendments apply to the Executive Branch in the US Constitution.

Reference :( Power point) Constitutional Law, slide 3.

27. In terms of the “Equal Protection Clause”, discuss the tests used by the courts to determine if an act of government is a form of unreasonable or reasonable” classification scheme. SSR

Depending on a court they will classify the case, as different scrutiny “or tests”. These test are used by the courts to determine if an act of government is a form of “unreasonable or reasonable”. They are strict scrutiny, intermediate scrutiny, or the “rational basis” test.

Reference: (Text book) “Business Law: First Course (Text & Cases)” p.89

28. What is “Due Process”? Discuss the key elements of “Due Process”. Note-ACU

Based on the fifth and fourteenth amendment states, “that no person shall be deprived of “of life, liberty, or property, without due process of law”. The due process has two aspects, one of which is procedural due process and the other substantive due process. The procedural due process, requires that decisions to take life, liberty, or property must be made equitably. Meaning, during a court decisions both sides of the issue must be given proper notice and an opportunity to be heard. The substantive due process, states that legislation must be fair and reasonable in content and must further a legislative governmental objective. (ACU refers to arbitrary, capricious, and unreasonable).

Arbitrary- the acts of the government must be based on critical thinking that deals with

anecdotal, emotional or illogical criteria. Capricious- The decisions made must minimizes the harm to the unprotected group. Unreasonable- the government cannot make a distinction among human beings based on immutable characteristics (such as race, color, national origin, gender, gender plus, disability, age, or religion.

Reference: (Text book) “Business Law: First Course (Text & Cases)” p.88-89

29. Discuss the laws applicable to the Adversarial Litigation Process. SPR

Laws applicable to the adversarial litigation process are Substantive Law: Domestic, government, economic and civil relationships. Procedural Law: proving how individual rights have been violated as substantive laws.

Yueling Xu

30. In general, discuss the various types of legal systems around the world. Note: Distinguish each by source of law.

A. Providing Order and Predictability -- a totally safe and predictable world cannot be guaranteed, but a climate can be created which makes it worthwhile for people to be productive and live rich, fulfilling lives, focused on their hopes and dreams for tomorrow, as opposed to a "live for today" attitude. Law is supposed to enrich everyday life in society. It's supposed to produce a reaction in people where they say, "the law will take care of that" so they can go on about their business.

B. Resolving Disputes -- both individuals and organizations are going to have

disagreements, and unless we are willing to tolerate vigilantism, then the much preferred system is one in which people turn over their disputes to the proper authorities for official handling. Disputes are then "settled" according to one or more standards of proof, which in most justice systems consist of the following categories subject to various theoretical and applied interpretations.

C. Protecting Individuals and Property -- most laws deal with protection of self and property, and exist to punish those who harm, steal, destroy, or cheat. In addition, a civil law exists which allows victims to sue for damages. The function of law here is pretty clear-cut -- to keep people from being in fear and constant anxiety about the potential loss of life and property. Property is a central concept in law and a term subject to philosophical debate, but the point is that property rights are the best-known way of protecting the "little guy" from "big guys."

D. Providing for the General Welfare -- law has a synergistic effect and also enables the biggest bang for the smallest buck. It allows numerous groups in society to at least vent and/or accomplish things that individuals could not accomplish alone. Written constitutions usually contain guarantees of this; e.g., providing for the common defense, secure the blessings of liberty, etc. This function also usually entails the government stepping in to coordinate or create some public service, which is handled badly by individuals or the private sector. The concept of general welfare is similar to the concept of "commonwealth" which is the idea that all interests in society are to be protected, not just a narrow class of interests or some segment of the population.

E. Protecting Individual Liberties -- stated as well as implied (civil) rights exist under a rule of law, and often the weaker, more implied rights are in need of the most protection, sometimes from the government itself. It is an unique feature of sophisticated legal systems of law that the law-givers and law-enforcers are also subject to the same laws that ordinary citizens are accountable for, not that this is dwelled upon, but it cannot be taken for granted either. This is just in the nature of the idea of rights, that they are always contestable, and that they always involve subjective perceptions of injustice.

31. Discuss the appropriate laws applicable to research and development.

This Act serves to protect various inventions and ideas made by a person, within this context, a business researcher. For instance, inventions to do with feasible and implementable managerial ideas, and which can, theoretically, are transferred to managers upon a binding agreement, and possibly an acknowledgement. (The Office of Research Integrity, n.d.). They safeguard the interests if the people. Researchers can sometimes fabricate results and findings to influence or manipulate certain business or managerial decisions or opinions; hence this law puts them in check.

32. Discuss the Legal Aspects of the Constitution in terms of structure of government, voting/enfranchisement and civil liberties.

33. What distinguishes "international law" from "domestic law"? What are the sources of international rules and regulations?

34. Briefly discuss the various forms of criminal remedies.

Remedies at law are an award of money damages that will compensate the injured party for his losses. Remedies at law consist of compensatory damages, nominal damages, liquidated damages, and punitive damages.

Compensatory damages- is when the court must compensate the injured person for the provable losses he has suffered as well as for the provable gains that he has been prevented from realizing by breach of contract.

Nominal damages- are very small awards that are given when a technical breach of contract has occurred without causing any actual or provable economic loss.

Liquidated damages- are when a contract states that a specific sum shall be recoverable if the contract is breached.

Punitive damages- are damages awarded in addition to the compensatory remedy that are designed to punish a defendant for particularly reprehensible behavior and to deter the defendant and others from committing similar behavior in the future.

Remedies in equity come from cases in which money damages alone are not adequate to fully compensate for a party’s injuries. Remedies in equity are as follows:

Specific performance- is an equitable remedy whereby the court orders the breaching party to perform his contractual duties as promised.

Injunction- is a court order requiring someone to do or not to do something.

What is “Procedural Due Process”. Briefly discuss the steps applicable to Procedural Due Process.

Procedural due process- is the requirement that government decision is to take away a person’s life, liberty or property must be made fairly. Fair procedures must be used in coming to this decision. The government must provide the defendant with a fair opportunity to object the decision to the judge.

What is the primary source of law in the Common Law Legal System. Discuss how court decisions came to play a prominent role in the “Common Law Legal System”. LPD

Common law- is a judge made law. Case law plays a big decision in resolving disputes.

The system of common law operated on case decisions. Case law is not a law but it assists the courts on applying the codes. Some factors that explain the role of case law are the “rule of precedent”, the Appellate process, and the stare devises.

37. Discuss “FILAC” in terms of briefing a case.

F Facts: the basic building blocks of the case. The facts provide the context in which the legal issue is to be resolved.

I Issue: the issue is the question that caused the lawyers/clients to enter the legal system. It’s the reason they are in court.

L Law: in reaching a decision the court must apply the law. The judges cannot offer just any reasoning; they must look back at previous decisions.

A Analyze: the application of the facts to the law in deciding the case including rationale decision, review of cases, past cases.

C Conclusion: who won the case- (only)

38. Discuss the differences between the civil and criminal cases. Note: discuss at least four differences.

The differences between civil and criminal cases are as follows. Civil Cases are individual on individuals and are on equal footing. They are based on a preponderance of evidence. Meaning how is more believable. So no need for an unanimous verdict and the 4th,5th,6thand 8th amendment do not apply. There is no right to a trial by jury and no intent is required here. Criminal cases do not take place on equal footing and you must prove beyond a reasonable doubt the person is guilty. Specific and general Intent and mental state is required and you must prove that the person is not insane. The above amendments do apply and there is a right to a trial by jury. And finally a unanimous verdict is required.

Kevin Gomez

39. Compare and contrast linear legal reason, deductive legal reasoning and reasoning by analogy.

#39. Legal reasoning mainly involves our critical thinking skills, which are used to gather several sources of information and persuade either a person or group of people to believe our ideas and/or position. Legal reasoning contains several different steps including its first which is to "select a topic" to the last which is to "present the information in a professional matter". Deductive reasoning is when conclusions are based off of other statements which are said to be true without really knowing whether they are or not. Reasoning by analogy is when courts use related laws and cases to come up with a conclusion. Meaning the outcome of one case, can lead to the outcome of another case.

40. What is “Jurisprudence”? Discuss the various theories of “jurisprudence”.

#40. Jurisprudence is the study and process of how to evaluate law. There are several theories of jurisprudence. #1. Law & Morality: law that reflects our norms, values, and attitude #2. Legal Realism: who enforces law and what it is #3. Legal Positivism: what the sovereign says law is #4. Natural Law: unjust law #5. Sociological Law: law to prevent violence from competing groups 6. Economic Realism: law compatible with business needs 7. Legal Criticism: created to maintain current distribution of powers 8. Philosophical Law: to create ideal society

41. What is public law? List and discuss the various types of public law. CCCARE

#41. Public law are rights and obligations the government use to deal with people. For example the CCCARE fall under this category. Constitutional law is law based on the U.S. Constitution. Criminal law are laws that define actions that constitute crimes. Criminal procedure is a step by step process in reaching a decision. Administrative law are laws created by agencies that set up rules and regulations. Regulatory law are created by administrative agencies. Entitlement law are laws that give the individual a right to receive a value or benefit provided by the government.

42. Briefly discuss the Amendments of the Bill of Rights.

#42. The US Constitution has twenty-seven amendments and the first ten of those are the "Bill of Rights" which regulate relations between government and individuals. 1st amendment states people have freedom of speech, religion, press, etc. 2nd amendment- right for people to bear arms. 3rd-protection from quartering troops. 4th-protection from unreasonable search and seizure. 5th-due process, double jeopardy, private property. 6t-trial by jury. 7th-civil trial by jury. 8th-prohibition of excessive bail and cruel punishment. 9th-protection of rights not enumerated in the Bill of Rights. 10th-power of states and people.

43. Discuss at least four rights one acquires in various relationships protected by Substantive Law.

#43. Substantive law consist of all laws that are involved to create legal rights and obligations. Those rights for example are contracts, constitutional rights, property, and family. Contracts as simple a repairment which guarantees you somebody's honorable work and if an issue arises, it can lead to court. Constitutional rights such as keeping the government from interrupting with people's life, liberty, and property. Property which belongs to an individual or company is under their possession and can't be taken away for no specific reason. Substantive laws keep our family safe because they define and regulate all sources of law which include crime.

44. Discuss the four types of procedural law.

#44. Procedural law is the process for settling disputes and enforcing those rights established by substantive law. There are four different types which is evidence, criminal procedure, administrative law and civil procedure. Evidence includes any writings, statements, object, testimonies used in court of law to prove that matter. Criminal procedure is concerned with the wrongs committed to the public. Need of a local, state, or federal government against that person or persons. Administrative law are the laws created by agencies to form rules and regulations. Civil procedure is process of disputing a wrong against individuals, that violate another's rights. These cases usually include one person suing another.

45. Discuss the appropriate laws applicable to top management.

#45. Appropriate laws applicable to top management are patents, copyrights, and trademarks. Patents are the grants governments give to an inventor which is the privilege to make, use, or sell his or her invention. Copyright is the exclusive right of authors to publish, print, or sell some sort of production. Trademarks are distinctive marks, slogans, motto, device, etc that a manufacturer produces and identified as their makings.

46. What is “civil procedure”? Discuss the process from Pleadings to Appeal.

#46. Civil procedure is the step by step process the court must go through in reaching a decision in a civil matter. To appeal a case an individual first has to deal and go through the State Court of Original Jurisdiction, than deal with State Courts of Appeal, after they must go through the Supreme Court, which leads to dealing with the US Courts of Appeal, and finally last step is the US Supreme Court.

47. What is a “legal system”? Discuss the common characteristics of a legal system.

Legal systems are institutions within government designed to apply the law was enacted by the other branches of government and maintain peaceful resolution of disputes. Common characteristics are peaceful resolution of conflict in society, promote the ethical and moral standards of society, Establishment of a formal process in which the law is applied in resolving disputes and Predictability in resolving dispute when the law is applied.

Alfonso Cano

48. Briefly discuss the elements of traditional legal reasoning. Note:F (I)LRCSP

The elements of legal reasoning are finding facts of the case. Then introduction to the case and finding the laws that are relevant. As well rationale, case analysis , social impact, and personal opinion are elements to legal reasoning.

49. Discuss at least three pre-trial written motions to avoid trial.

-“Motion to Dismiss” is when either party is asking the court to dismiss the case for the specified reasons, such as improper service, lack of personal jurisdiction, or the plaintiffs failure to state a claim of which relief can be granted. “Motion for Judgment” is when the court is asked to decide the issue solely on the pleadings without proceeding to trial. This is asked in the closing of the pleading. “Motion for Summary Judgment” is when the court is asked to grant a judgment in that party’s favor without trial. The motion can be made before or during the trial. The court will only grant if no facts are in dispute and only the question is how the law applies to the facts. Judgment can be supported by evidence outside of the pleading.

50. Discuss civil procedure from pretrial motions to Appeal

-Pretrial motions is when the court is requested, by a motion, to decide the case prior to trial based on information contained in the pleading. Next part of the procedure is “discovery”. This process is when information is obtained from the opposing party or from witnesses prior to trial. Next process is “Pretrial Conference” which is when the attorney may meet with the trial judge to either explore the possibility or a settlement or to identify the matters in dispute and to plan the course of the trial. Following are “The Right to a Jury Trial” and “Jury Selection” which are when a party decide to ask for a jury or decide to waive their right to a jury. If they do decide to have one then will select a panel of judges. Next is the trial which contains opening statements, examination of witnesses, potential motions, closing arguments, jury instructions, and the verdict. Post trial motions is when motions are requested to ask for a new trial for problems within the case. Final process is the appeal which is when either party may appeal not only the jury's verdict but also the judges ruling on any pretrial or post trial motion.

51. Discuss the provisions of Section I of the 14th Amendment.

· Section I of the 14th Amendment provides that no states shall deprive any person of life, liberty, or property without due process if they are a citizen of the United States; nor deny any person within its jurisdiction the equal protection of the laws. This applies to both the federal government and state government.

52. Discuss at least five reasons why relevant, reliable and un-bias evidence is made inadmissible.

1. Exclusionary Rules: violations of constitutions cannot be used.

2. Judicial Discretion: judges can decide to deny any evidence that may buy the jury, impress jury, fright the jury, or confuse the jury.

3. Spousal Privilege: Information shared between spouses may not be used in order to encourage spousal harmony or to prevent them spouses from having to condemn, or be condemned by their own.

4. Doctor-Client Privilege: Protects medical information and communications between a patient and his or her doctor from being used against the patient in court.

5. Attorney-Client Privilege: Any communication between a client and his or her attorney becomes confidential and cannot be used against them in court.

53. What is a “remedy”. Discuss the differences between remedies at law and remedies in equity.

- Remedy is the relief given to an innocent party to enforce a right or compensate for the violation of a right. Remedy at law is when a dispute is settled by compensating the plaintiff with either land, items of value, or money. Remedy in equity is when monetary compensation is not adequate. Therefore they are compensated by remedies of specific performances, an injunction, or rescission. The difference comes to the form of compensation. If it is compensated by monetary value then it is “remedy at law” and if it is compensated by the act of a specific performance, injunction, or rescission then it is “remedy in equity”.

54. Discuss the differences between law, ethics and morality.

-Law is determined by the courts and are influenced by society in order to control behaviors within it. Ethics is an individual standard that are right or wrong conduct. Furthermore it is moral principles and values applied to social behavior. Morality is the social standard defining good or bad social conduct. In a court law is enforced but morality and ethics is not. Therefore morality is the social standard of good or bad social conduct while ethics is an individual’s standard of what is right and wrong. Law is then the government’s standards of how society should behave.

55. What is “voting/enfranchisement”? Discuss the various amendments associated with “voting/enfranchisement”.

-Enfranchisement is the right for any US citizen to vote without being denied by any state government. Amendment 15 prevents a citizens vote to be denied due to race, color, or previous condition of servitude. Amendment 19 prevents this from happening as well due on account of sex. Amendment 26 also prevents a vote from being denied if a citizen is 18 years or over.

56.) Civil liberties are personal guarantees and our individual rights and freedoms that the government cannot infringe upon and are protected by law. The amendment associated with this is the first amendment. For example freedom of religion, speech and press.

Yousef

57. Compare and contrast legal positivism, natural law, historical legal theory and legal realism.

Comparison

They are both theories of jurisprudence

Contrast

Legal positivism is a school of thought of positivism whereby the positivists believe that the law offers reasonable guidance to its subjects and the judges at the trial courts, natural law is whereby the legislature is limited to the power of legislative rulers, historical legal theory is marked by judges who consider history, traditions and customs when making a decision in court and finally legal realism argues that law has the power it has due to what the judges and executives do with it.

58. Discuss the appropriate laws applicable to supply chain management.

· The suppliers should comply with all the laws of the country in which they are doing the business. They should respect the code of ethics set so as to work according to the law.

· The suppliers should ensure that they employ adults to avoid child labor. Adults should have completed their education to the required level to be able to work for the suppliers.

· All the workers should be treated fairly with respect and dignity. The employers should not in any case expose the workers to danger or physical torture.

59. Discuss the appropriate laws applicable to accounting and finance.

· The company should ensure that they have accurate accounts, records and disclosures as required by the law

· The company should ensure proper authorization and approval of transactions since this is an essential part of the business

60. Discuss constitutional development from the printing press to Thomas Jefferson.

The printing press and Markzware FlightCheck are the preflight solution for preflighting to check documents for potential printing errors during pre-press.

61. Discuss the ranking of law in the United States.

The ranking of law firms in the United States depends on chambers in the USA and areas of law. Law firms that have a national presence are also ranked in Nationwide tables and every states a leading firm is ranked according to the areas of law; corporate, labor and employment, litigation and real estates. The ranking at state level are based upon the location in which a firm or lawyer practices.

62. In terms of "critical thinking", what is "professionalism"? Discuss the elements of professionalism, for example "eliminating glaring errors"? Remember there are four.

Professionalism is the competence of the workers at work.

Elements of professionalism

· Work ethics includes time management and how one treasure his/her job. Most companies chose to provide a standard list of ethics that guides the company.

· When working in a certain company you are like an ambassador of that company hence you are supposed to present yourself well since the way you represent yourself reflects upon the company you represent.

· The professionals are supposed to be kind, polite and understanding. Maintaining a positive attitude towards work and your fellow colleagues is expected no matter how hard or irritating the work is.

· Confidentiality will help a professional to be able to convince the clients and it makes it possible for the client to trust you with their information.

63. Discuss the elements of critical thinking, for example "relevancy".

· There is a purpose behind all reasoning

· There are assumptions behind all reasoning.

· Every other reasoning is done from a certain point of view.

· All reasoning is based on some kind of data, evidence and information.

64. List the districts of the "Federal Appellate Districts".

· District of Columbia

· American Samoa

65. What is the "civil code system"? What are the variations of the "civil code system". For example the "Spanish Civil Code System

The civil code system is a systematic collection of laws that are made up in a way that they deal with the major areas of private law

· In civil code system courts lack much freedom to interpret laws.

· Judges are supposed to follow what the codes of the country say to do in any case

65.) Civil Code System is a legal system originating in Europe within the framework of late Roman Law. Its primary feature is that its core principles are codified into a referable system which serves as the primary source of law. It’s been traced back to Hammurabi of Babylon. Some Variations are the German code system. Which never used prior cases and had case before a judge. It spread by European Colonialism. Next was the Spanish Civil Code System, Which was tied to the Catholic Church for many years. And finally the Confucious Civil Code System which Stated you did not need court systems and to cooperate with others to maintain society.

Ahmed Tariq

66. What is the "Bifurcated Legal System"? Discuss the various forms of the bifurcated legal system. For example, the "Sub-Saharan African Legal System".

Ans:-Incorporates two source laws in one legal system; local law and tradition

67. Discuss the various tests used by the courts to determine if the actions of government is in violation of the US Constitution.

Ans:-Strict scrutiny is perhaps the most rigorous standard of legal review/test utilized by courts in the US and forms part of the power structure of standards which courts employ to weigh government's involvement on a constitutional principle or right

-Intermediate scrutiny in which a law must meet an important government interest

-Rational basis test requires that the law be rationally related to that interest.

68. Discuss the various forms of "state action". PAAE

Ans:State action doctrine comes from the US legal concept that constitution protections such as the First and the Fourteenth Amendments only become applicable with any actual

strength to the persuasive state power against an individual, as opposed to the persuasive of a person against the person. State action includes:

a. Blatant state action e.g. by local,gov actor, agency, etc

b. Enforcing by law of private decisions

c. Private parties performing conventional government functions

d. Private parties adequately embroiled with the government via funding or regulation

69. Discuss the various forms of "obligations owed by individuals in the workplace". LPO

Ans:-These can be better clarified in the context of contract of employment, however the law also states that there are some duties and obligations owed by a worker to his employee, even when the contract is silent on them. These comprises of:

1. To act in a reasonable way just like what a good employee should do in any situation.

2. being honest always.

3. Not to interrupt business, for instance participating in a boycott / industrial action.

4. Disclose a crime does not incorporate spent convictions, however the worker must divulge a crime by other workers, regardless if incriminates them.

5. Perform and follow employer orders -legal ones only.

6. Not to reveal the employer's private information.

7. Work with skill and reasonable care.

8. Taking care of the employer's /premises/property/belongings if using it.

9. Not to indulge in a competing business against the employer whilst still working for him as an employee.

10. Refraining from taking bribes.

11. Accept changes along with new changes implemented by the employer e.g. introduction of new computers which help employees in their work

12. Give any inventions/innovations to employers if these are created by the worker in the course of his employment.

70. List and explain laws applicable to "Finance and Accounting".

Ans: Credit Laws, Banking Laws, Bankruptcy, Contract Laws, Securities Laws, Regulatory Laws, Sarbanes Oxley Law.

71. Briefly discuss the functional areas of business.

Ans: There are many tasks every business needs to do if it is going to succeed. Each of these tasks is described as being a function of a business. The following is a brief introduction to each of these functions:

Human Resources - ensures the business has the best staff for the job and that they are able to work effectively in a safe environment;

Finance - will keep a record of all money coming in and going out of the business. They have responsibility for securing finances for future expansion and paying staff and suppliers.

Administration and ICT support - ensure the smooth running of the business on a day-to-day basis. They have responsibility for clerical duties, cleaning, computer and software support, security and health and safety;

Operations - have the task of producing the goods or service in the most efficient way. This is done by making best use of the business's staff, machinery, building and raw materials;

marketing and sales - will try and maximize the level of sales by carrying out market research and promoting the goods or service through a motivated sales team;

Customer Service - will help the customer before and after a sale has been made by providing information, giving advice, providing credit facilities, delivering goods and providing after-sales support;

research and development - will help the business remain competitive by developing new goods and services and updating the existing ones; Use of ICT - ICT will be used in each of these functional

72. What is “stare decisis”? Briefly explain the role of cases in the “common law legal system” in terms of interpretation, diversity, court decisions preceding laws and reason by analogy.

Ans:Stare decisis is a legal principle by which judges are obliged to respect the precedent established by prior decisions.

73. Discuss the appellate process from superior court to the United States Supreme Court.

74. List the 13 federal appellate districts in the United States and the location of each court.

The 13 federal appellate districts in the U.S are District of Columbia, Washington. First circuit Boston, Second Circuit New York, Third Circuit Philadelphia, Fourth Circuit Richmond, Fifth Circuit New Orleans, Sixth CircuitCincinnati, Seventh Circuit Chicago, Eight Circuit St. Louis, Ninth Circuit San Francisco, Tenth Circuit Denver, Eleventh Circuit Atlanta, Federal Circuit All of the above places

Auburey Addison