For this assignment you be answering the following two questions- See Below. Each correctly answered assignment
question will be worth up to 5 points. Please refer to the General Discussion Board to see the Format in which your assignment MUST be submitted. For further guidance, read and review Appendix A in your textbook- How to Brief Cases and Analyze Case Problems.
1. COMMERCE CLAUSE
Suppose that Georgia enacts a law requiring the use of contoured rear-fender mudguards on trucks and trailers operating within its state lines. The statute further makes it illegal for trucks and trailers to use straight mudguards. In 35 states, straight mudguards are legal. Moreover, in the neighboring state of Florida, straight mudguards are explicitly required by law. There is some evidence suggesting that contoured mudguards might be a little safer than straight mudguards. Discuss whether or not this Georgia statute would violated the commerce clause of the U.S. Constitution.
2. FREEDOM OF RELIGION
A business has a backlog of orders, and to meet its deadlines, management decides to run the firm seven days a week, eight hours a day. One of the employees, Mark Tollens, refuses to work on Saturday on religious grounds. His refusal to work means that the firm may not meet its production deadlines and may therefore suffer a loss of future business. The firm fires Mark and replaces him with an employee who is willing to work 7 days a week. Mark claims that in terminating his employment, his employer violated his constitutional right to free exercise of religion. Do you agree- why and why not?
Your Homework MUST use the following "FORMAT".
Keep in mind that I am NOT looking for a bottom line answer. This "Brief" or "IRAC" style format will assist you in organizing your thoughts. For further guidance, read Appendix A in Business Law Today. Please use this writing method and include each of the below labels.
FACTS- (This should be real easy- they come right from the book)
ISSUE(s)- (What is the dispute between the parties? What is question to be discussed?)
LAW- (What is the applicable law?) Research the law in the chapter, cite and define/explain which laws are applicable.
DISCUSSION- (This is your analysis-include major and minor points and opposing points of view or counterpoints to add depth to your analysis. Remember, use proper paragraphs. Submissions should be at least 2-3 paragraphs.)
CONCLUSION -(Sometimes referred to as the Resolution-I should be able to know your conclusion by the way your framed your issue and by your Discussion-go back to your Issue- see if you answered the question(s) posed in a sentence or two at best.)
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