BSLWhw - Yasmin Essa September 9, 2009 BSLW-264 Professor...

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Yasmin Essa September 9, 2009 BSLW-264 Professor Richard J. Barton Chapter 1 Questions 1-1 through 1-9 1. How does statutory law come into existence? How does it differ from the common law? If statutory law conflicts with the common law, which law will govern? Statutory law comes into existence when laws are enacted by legislative bodies at any level of government, such as the statues passed by Congress, by state legislatures, or locally governing bodies. Statutory law differs from common law in the sense that it is more objective and not interperative. This is because common law is judge-made laws that result as an interpertation of other laws. Today, common laws cover all areas that are not covered by statutory or administrative law. If statutory law conflicts with the common law, the statutory law will govern. 2. Question with Sample Answer. After World War II, which ended in 1945, an international tribunal of judges convened at Nuremberg, Germany. The judges convicted several Nazis of “crimes against humanity.” Assuming that the Nazi war criminals who were convicted had not disobeyed any law of their country and had merely been following their government’s (Hitler’s) orders, what law had they violated? Explain. Although the Nazi war criminals had not disobeyed or breached any laws of their country, they had violated new international laws related to “crimes against humanity.” These new laws outlined inhumane acts against any civilized population. These new international laws derived their legitimacy from “natural law.” Natural law, which is the historically oldest school of law dictates laws and legal systems that hold true that the government and legal systems should adhere to the moral and ethical ideals that are necessary to human nature. 3. Assume that you want to read the entire court opinion in the case of Menashe v.V Secret Catalogue, Inc., 409 F. Supp. 2d 412 (S.D.N.Y. 2006). The case focuses on whether “SEXY LITTLE THINGS” is a suggestive or descriptive trademark and on which of the parties to the suit used the mark first in commerce. (Note that this case is presented in Chapter 14 of this text as Case 14.2.) Refer to the
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This note was uploaded on 01/25/2010 for the course BSLW 265 taught by Professor Barton during the Fall '09 term at Montclair.

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BSLWhw - Yasmin Essa September 9, 2009 BSLW-264 Professor...

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