Quiz 1: The Legal Environment
The NCCUSL and the American Law jointly created the Uniform Commercial Code ( UCC ) comprising nine separate articles. It was first issued in 1952. All the articles in the UCC has been adopted by most states in the U.S. The UCC is a standard set of rules that facilitate commercial transactions among the states. It provides a uniform, yet flexible, set of laws. The UCC ensures business persons that their valid contracts will necessarily be enforced.
Binding authority: It is the monitoring authority. The courts are bound to follow a particular source of law that is considered to be a binding authority decision making. The types of law that are binding include, in order of authority are as below: 1. U.S. Constitution 2. State Constitution 3. U.S. Supreme Court cases 4. Federal Laws 5. State Laws 6. Absolute government regulations 7. Jurisdiction court decisions Persuasive Authority: It is referred as first impression from the court. Persuasive authorities present when in the absence of precedents in decision making. Public policies are rules created by local, state and national government that are widely based on societal values. The decision can be inferred with comparing binding vs. persuasive authority as shown below: The Illinois court doesn't obligate to follow the Iowa Supreme Court's decision on the issue; however, if the Iowa Court's decision was based on a case with the same specific issue it may have persuasive weight in the Illinois court. Additionally, the Illinois court may look to the Iowa decision for precedence if the issue is the same and the circumstances are reasonably similar to the ones in the case that they are considering. In order for Illinois to consider the precedence, the decision must not violate Illinois state constitution of statutes. Alternatively, other states may have addressed the issue and decided the matter differently. All of the stare decisis in case law that is available and significant to the issue may be considered in the court's determination.
(a)Plaintiff is the one who files the lawsuit while defendant is the one against whom the lawsuit is filed. The parties in this lawsuit are group of automobile manufacturers and the state of California, where the former is the plaintiff and the latter is the defendant. (b)Legal remedies award economic compensation (money) to cover up the damage or loss suffered by an individual due to the wrongful act of another. Equitable remedies, on the other hand, involve the judgement by the court ordering the party which has committed wrongful act to do or not to do things that will compensate the damage or loss suffered by the other party. The group of automobile manufacturers opposes California in enforcement of the law that severely restricts carbon dioxide emissions from automobiles. It does not want such a law to come into existence. Thus, the group is seeking an equitable remedy. (c)As per the claim of automakers, the federal government had already set standards relating to fuel economy. Since the federal government has a separately written constitution setting general automobile fuel economy standards, constitutional law is the primary source of law at issue in this case. (d)California laws can be found in the Pacific Reporter (P., P.2d, or P.3d) unit of the National Reporter System, published by West Group. The Pacific Reporter (P., P.2d, or P.3d) specifically covers California State. Federal laws, however, can be found in the unofficial publications named: • West's Federal Supplement (F. Supp. or F.Supp.2d)• West's Federal Reporter (F., F.2d, or F.3d)• West's Bankruptcy Reporter (Bankr.)• United States Reports (U.S.)• West's Supreme Court Reporter (S.Ct)• Lawyers' Edition of the Supreme Court Reports (L.Ed. or L.Ed.2d)