Clark_11e-AM-Ch01.doc

Clark_11e-AM-Ch01.doc - 1 C HAPTER 1 I NTRODUCTION TO L AW...

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Unformatted text preview: 1 C HAPTER 1 I NTRODUCTION TO L AW AND L EGAL R EASONING A NSWER TO C RITICAL A NALYSIS Q UESTION IN THE F EATURE INSIGHT INTO E-COMMERCE—CRITICAL THINKING—INSIGHT INTO THE SOCIAL ENVIRONMENT (PAGE 17) Now that the Supreme Court is allowing unpublished decisions to be used as persuasive precedent in federal courts, should state courts follow? Why or why not? Yes, because categorizing some decisions, unpublished or otherwise, as not estab- lishing precedent is arguably unconstitutional. No, because such decisions are often less significant or may set “bad” precedents and have not traditionally been regarded as es- tablishing precedent. A NSWERS TO Q UESTIONS IN THE R EVIEWING F EATURE AT THE E ND OF THE C HAPTER 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 pub- lished in the California Code . You would look in these sources to find the relevant state and federal statutes. 2 UNIT ONE: THE LEGAL ENVIRONMENT OF BUSINESS A NSWERS TO Q UESTIONS AND C ASE P ROBLEMS AT THE E ND OF THE C HAPTER 1-1A. (Chapter 1—Pages 6–7, 8–9 & 13–14) 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 jurisdic- tion and is relatively concise. Although most states have adopted common law by legis- lative 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 ex- ample, 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 At the time of the Nuremberg trials, “crimes against humanity” were new international crimes. The laws criminalized such acts as murder, extermination, enslavement, depor- tation, and other inhumane acts committed against any civilian population. These in- ternational laws derived their legitimacy from “natural law.” Natural law, which is the oldest and one of the most significant schools of jurisprudence, holds that governments and legal systems should reflect the moral and ethical ideals that are inherent in hu-...
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This note was uploaded on 10/11/2010 for the course MGT 301 taught by Professor Pederson during the Fall '10 term at SUNY Stony Brook.

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Clark_11e-AM-Ch01.doc - 1 C HAPTER 1 I NTRODUCTION TO L AW...

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