Quiz 1: The Legal and Constitutional Environment of Business


Facts: The Federal Government enacted the Protect Act so that it can prevent people creating artificial images of children engaging in sexually explicit activities. The federal government for a long time is trying hard to impose an iron handle against people using child pornography. The US Supreme court, however, did not allow the federal government to ban the use of child images in sex pictures. It argued that the ban means the violation of the First Amendment. Thus, the federal government enacted the Protect which bans people from making pictures of children using computer graphics engaging in sexual activities. Protect Act, 2003: Protect act was issued in the year 2003, the act's main objective is to prevent any abusive actions against children and protecting the rights and privileges of children. The Act includes the prohibition of activities including a "pandering provision" which involves sending or distribution of information containing minors engaging in sexual actions." Outcome: It is illegal to distribute, create or to sell material containing information of children involving in sexual actions because the protect Act, 2003 defined the above actions as illegal. The Act prohibits any action, such as Distribution, advertising, selling, seeking, offering or accepting information of children participating in sexual actions as illegal. The law, however, did not mention "Possession" as an offense; hence it is illegal to perform any of the above actions, while it is legal to possess such information.

The original source of law for the is found in the document referred and titled as the United States Constitution. The document set forth a three-branch system of government, bill and rights and set forth limitations on the individual state action. The various amendments set forth protections for individuals. Limitations on state action are set in the Bill of Rights. In part, the First Amendment provides protection for individuals as to religious freedom and free exercise thereof from government interference. The supremacy of federal law over state laws prevents passing legislation preferring one religion over another. These premises and principles are applicable in the instant case and will be affected by the protection afforded by the supremacy clause.

Common Law was the term, which has emerged from the English Legal System. In England, the successor of Normnas started unifying the country. Unification can be achieved only when we see the country as a whole and provide equal wisdom to the public. So to provide wisdom there was a need of courts. These courts were termed as Kings Courts. Also there was a need of set of rules to operate these courts so that dispute can be sought with wisdom. These common rules were termed as common law. Latter, all those countries which were ruled by English adopted the Common Rules. This was termed as Common Law Tradition. Or we can say it became the tradition that every country which was ruled by English started adopting the Common Law of England. US legal system is also based on English Legal System. Courts developed the common rules based on actual legal controversies. It became easier for the judges to decide the similar cases in similar way and new case with precautions. This helped the judges in marinating the consistency in judgements.

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