Business Law Study Set 13

Business

Quiz 1 :

The Nature and Sources of Law

Quiz 1 :

The Nature and Sources of Law

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Under what circumstances would a court disregard precedent?
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In most cases precedent cases are upheld in later cases with similar setting. However, judges have some discretion especially if the precedent does not apply such as the change in technology. This allows some flexibility of courts to update laws that are more applicable to concurrent settings.

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Explain how Twitter, Facebook, and LinkedIn have resulted in the development of new laws and precedent.
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Social networking sites like FB, LDN, and TW etc. are inevitable. Mostly every third person in this earth holds an account in these social networking sites. These sites have become an undisputed part of one's life and shares it advantages and disadvantages both.
Conclusion:
Social networking sites like FB, LDN, and TW etc. have resulted in the development of new laws and precedent like cyber laws, copyright laws, trademark laws etc. In other words, if one has to advertise its products or services over social networking sites, then he has to take care about all the legalities and copyrights that becomes an inevitable part of cyber activities.
Also the while chatting and sharing pictures, it is necessary that one does not cross limit and create a scene for all at the social platform which is readily available for everyone. Also while browsing at other's account; it becomes necessary that one does not post provoking material just to harm the sentiments of others.

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Classify the following laws as substantive or procedural: a. A law that requires public schools to hold a hearing before a student is expelled. b. A law that establishes a maximum interest rate for credit transactions of 24 percent. c. A law that provides employee leave for the birth or adoption of a child for up to 12 weeks. d. A law that requires the county assessor to send four notices of taxes due and owing before a lien can be filed (attached) to the property.
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Procedural law as it name suggest is law dealing with meeting proper procedures, e.g. reading a suspect Miranda rights.
Substantive Law defines are laws that dictates rights or duties
a) Requiring that a hearing be held before a student is expelled is procedural law. It dictates the duty that must be met by a school before it can expel a student.
b) Imposing a limit on interest rates is substantive law. It gives a right to a fair interest or protection from predatory interest rates.
c) Requiring employers to grant leave of absence for employees in case birth or adoption is substantive law. It grants employees right to take care of family situations.
d) Requiring that four tax notices be sent before placing a lien is procedural law. A lien can't be placed until the notices are sent.

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is the difference between common law and statutory law?
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do uniform laws accomplish? Why do states adopt them? Give an example of a uniform law.
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During the 2001 baseball season, San Francisco Giants player Barry Bonds hit 73 home runs, a new record that broke the one set by Mark McGwire in 2000 (72 home runs). When Mr. Bonds hit his record-breaking home run, the ball went into the so-called cheap seats. Alex Popov was sitting in those seats and had brought along his baseball glove for purposes of catching any hits that might come into the stands. Everyone sitting in the area agreed that Mr. Popov's glove touched Bonds's home-run ball. Videotape also shows Mr. Popov's glove on the ball. However, the ball dropped and, following a melee among the cheap-seat fans, Patrick Hayashi ended up with Bonds's home-run ball. Mr. Popov filed suit for the ball, claiming it as his property. Such baseballs can be very valuable. The baseball from Mr. McGwire's recordbreaking home run in 2000 sold for $3 million. List those areas of law that will apply as the case is tried and the owner of the baseball is determined.
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Eminem ad for Chrysler that ran during the Super Bowl in February 2011 was rated as one of the best ads for the game. In May 2011, Audi ran an ad at a German auto show that had the "feel" of the Eminem Chrysler "Lose Yourself " ad. Subsequently, the German auto show ad made its way onto the Internet. The German ad caught the attention of Eminem and 8 Mile, Eminem's publishing company. They notified Audi that the ad constituted an unauthorized use of their intellectual property. Explain what rights Eminem and 8 Mile have and how the courts can help.
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is the difference between a statute and an administrative regulation?
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Family Educational Rights and Privacy Act (FERPA) protects students' rights to keep their academic records private. What duties are imposed and upon whom because of this protection of rights? Discuss the relationship between rights and duties.
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Cindy Nathan is a student at West University. While she was at her 9:00 A.M. anthropology class, campus security entered her dorm room and searched all areas, including her closet and drawers. When Cindy returned to her room and discovered what had happened, she complained to the dorm's senior resident. The senior resident said that this was the university's property and that Cindy had no right of privacy. Do you agree with the senior resident's statement? Is there a right of privacy in a dorm room?
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the sources of law.
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examples of areas covered by federal laws. Give examples of areas covered by city ordinances. What are the limitations on these two sources of laws? What could the laws at these two levels not do?
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is the principle of stare decisis?
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Professor Lucas Phelps sent the following e-mail to Professor Marlin Jones: "I recently read the opinion piece you wrote for the Sacramento Bee on affirmative action. Your opinion is incorrect, your reasoning and analysis are poor, and I am embarrassed that you are a member of the faculty here at Cal State Yolinda." Professor Jones forwarded the note from Professor Phelps to the provost of the university and asked that Professor Phelps be disciplined for using the university e-mail system for harassment purposes. Professor Phelps objected when the provost contacted him: "He had no right to forward that e-mail to you. That was private correspondence. And you have no right of access to my e-mail. I have privacy rights." Do you agree with Professor Phelps? Was there a breach of privacy?
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