Fundamentals of Business Law

Business

Quiz 1 :

The Legal and Constitutional Environment of Business

Quiz 1 :

The Legal and Constitutional Environment of Business

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Reading Citations. Assume that you want to read the court's entire opinion in the case of Pack 2000, Inc. v. Cushman, 126 Conn.App. 339, 11 A.3d 181 (2011). Read the section entitled "Finding Case Law" in the appendix that follows this chapter, and then explain specifically where you would find the court's opinion.
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Case Citations
Once the court's decisions are published they are referred to as citations. These cases are generally known as cited with the case's name; volume and it contain the official page number of the state's reporter along with the other information.
In order to find the court's opinion in the citation, it is very important to understand the citation. There is a specific ways in which court's decision are cited. Some of the stats have a unique of citing a court's judgment.
Understanding the citation helps to identify on which page number of the official report will the opinion of the court in a particular case will be available. In the present case of "P 2000 Inc. v. C" the citation in itself states where the court's opinion will be available.
By reading the citation in the present case it can be seen that the court's opinion will be available in the Appeals court Report of the state C on the page number 339.

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What is the difference between remedies at law and remedies in equity?
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Remedy
Remedy is the compensation that a plaintiff will receive for the wrong that has been done with him. It is the way by which a party has been given an opportunity to enforce the right to receive the compensation for the harm that he has received against his right.
Two types of remedies are available that are given to the plaintiff which are equity remedy and remedy in the court of law.
Remedy in law is the remedy that the plaintiff used to get in the court of the king for the wrongs that were done against him. The king usually allowed compensation in the form of property like land or compensation in cash.
In the cases where the plaintiffs wanted remedies other than in the economic form remedy in law would provide no opportunity to receive the compensation. In such cases plaintiffs would approach for remedy in equity.
Remedy in equity is just a legal branch which was simply created to provide for the fair and justifiable compensation which was sometime not available in the remedy in law. These remedies were generally provided a person called chancellor who was an advisor to the king.
Therefore, there were two courts present which were providing different remedies and were also having different judges.

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Where in the U.S. Constitution can the due process clause be found?
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Due process clause
This clause of the amendment gives the citizens significant guarantees and it states that no person will be deprived of the property, life and liberty without the due process of the law.
The fifth and fourteenth amendment in the constitution came with the concept of due process. It states that no person will be deprived of the property, life and liberty without the due process of the law. Therefore, the due process clause is found in the fifth and fourteenth amendment of the constitution.
This clause is further categorized has two important aspects which are the procedural aspect and the substantive aspect. This clause is applicable to all the legal entities like corporates and individuals.

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The First Amendment to the U.S. Constitution provides protection for the free exercise of religion. A state legislature enacts a law that outlaws all religions that do not derive from the Judeo-Christian tradition. Is this law valid within that state? Why or why not?
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Answers to the even-numbered questions in this For Review section can be found in Appendix F at the end of this text. What is the common law tradition?
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The Supreme Court Upholds a Law That Prohibits Pandering Virtual Child Pornography Millions of pornographic images of children are available on the Internet. Some are images of actual children engaged in sexual activity. Others are virtual (computer-generated) pornography-that is, images made to look like children engaged in sexual acts. Whereas child pornography is illegal, the United States Supreme Court has ruled that virtual pornography is legally protected under the First Amendment because it does not involve the exploitation of real children. In its ruling, the Supreme Court struck down as overly broad, and therefore unconstitutional, provisions of the Child Pornography Prevention Act (CPPA) of 1996. Among other things, the act prohibited any visual depiction including a "computer-generated image" that "is, or appears to be, of a minor engaging in sexually explicit conduct." This ruling and the difficulty in distinguishing between real and virtual pornography have created problems for prosecutors. Before they can convict someone of disseminating child pornography on the Internet, they must prove that the images depict real children. To help remedy this problem, Congress enacted the Protect Act of 2003 (here, Protect stands for "Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today"). The Protect Act's Pandering Provisions One of the Protect Act's many provisions prohibits misrepresenting virtual child pornography as actual child pornography. The act makes it a crime to knowingly advertise, present, distribute, or solicit "any material or purported material in a manner that reflects the belief, or that is intended to cause another to believe, that the material or purported material" is illegal child pornography. Thus, it may be a crime to intentionally distribute virtual child pornography. The Protect Act's "pandering" provision was challenged in a subsequent case, United States v. Williams. The defendant, Michael Williams, sent a message to an Internet chat room that read "Dad of Toddler has 'good' pics of her an [sic] me for swap of your toddler pics." A law enforcement agent responded by sending a private message to Williams that contained photos of a college-aged female, which were computer altered to look like photos of a ten-year-old girl. Williams requested explicit photos of the girl, but the agent did not respond. After that, Williams sent another public message that accused the agent of being a cop and included a hyperlink containing seven pictures of minors engaging in sexually explicit conduct. Williams was arrested and charged with possession of child pornography and pandering material that appeared to be child pornography. He claimed that the Protect Act's pandering provision was-like its predecessor (the CPPA)-unconstitutionally overbroad and vague. (He later pleaded guilty to the charges but preserved the issue of constitutionality for appeal.) Is the Protect Act Constitutional? On appeal, the federal appellate court held that the pandering provision of the Protect Act was unconstitutional because it criminalized speech regarding child pornography. The court reasoned that, under the act, a person who distributes innocent pictures via the Internet (such as sending an e-mail labeled "good pictures of the kids in bed") could be penalized for offering child pornography. The United States Supreme Court reversed that decision, ruling that the Protect Act was neither unconstitutionally overbroad nor impermissibly vague. The Court held that the statute was valid because it does not prohibit a substantial amount of protected speech. Rather, the act generally prohibits offers to provide, and requests to obtain, child pornog-raphy-both of which are unprotected speech. Thus, the act's pandering provisions remedied the constitutional defects of the CPPA, which had made it illegal to possess virtual child pornography. FOR CRITICAL ANALYSIS Why should it be illegal to "pander" virtual child pornography when it is not illegal to possess it?
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Question with Sample Answer This chapter discussed a number of sources of American law. Which source of law takes priority in each of the following situations, and why? 1 A federal statute conflicts with the U.S. Constitution. 2 A federal statute conflicts with a state constitution. 3 A state statute conflicts with the common law of that state. 4 A state constitutional amendment conflicts with the U.S. Constitution. 5 A federal administrative regulation conflicts with a state constitution. -For a sample answer to Question 1-2, go to Appendix E at the end of this text.
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Remedies. Arthur Rabe is suing Xavier Sanchez for breaching a contract in which Sanchez promised to sell Rabe a Van Gogh painting for $150,000. 1 In this lawsuit, who is the plaintiff, and who is the defendant? 2 If Rabe wants Sanchez to perform the contract as promised, what remedy should Rabe seek? 3 Suppose that the court finds in Rabe's favor and grants a remedy. Sanchez then appeals the decision to a higher court. Read through the subsection entitled "Appellants and Appellees" in the appendix following this chapter. On appeal, which party in the Rabe-Sanchez case will be the appellant, and which party will be the appellee (or respondent)?
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Case Problem with Sample Answer For decades, New York City has had to deal with the vandalism and defacement of public property caused by unauthorized graffiti. Among other attempts to stop the damage, in December 2005 the city banned the sale of aerosol spray-paint cans and broad-tipped indelible markers to persons under twenty-one years of age and prohibited them from possessing such items on property other than their own. By May 1, 2006, five people-all under age twenty-one-had been cited for violations of these regulations, while 871 individuals had been arrested for actually making graffiti. Artists who wished to create graffiti on legal surfaces, such as canvas, wood, and clothing, included college student Lindsey Vincenty, who was studying visual arts. Unable to buy her supplies in the city or to carry them in the city if she bought them elsewhere, Vincenty and others filed a suit in a federal district court on behalf of themselves and other young artists against Michael Bloomberg, the city's mayor, and others. The plaintiffs claimed that, among other things, the new rules violated their right to freedom of speech. They asked the court to enjoin the rules' enforcement. Should the court grant this request? Why or why not? [ Vincenty v. Bloomberg, 476 F3d 74 (2d Cir. 2007)] -For a sample answer to Problem 1-4, go to Appendix F at the end of this text.
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Under what circumstance might a judge rely on case law to determine the intent and purpose of a statute?
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Answers to the even-numbered questions in this For Review section can be found in Appendix F at the end of this text. What constitutional clause gives the federal government the power to regulate commercial activities among the various states?
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Due Process. In 2006, the Russ College of Engineering and Technology of Ohio University announced that an investigation had found "rampant and flagrant plagiarism" in the theses of mechanical engineering graduate students. Faculty singled out for "ignoring their ethical responsibilities and contributing to an atmosphere of negligence toward issues of academic misconduct" included Jay Gunasekera, professor of mechanical engineering and chair of the department. These findings were publicized in a press conference. The university then prohibited Gunasekera from advising graduate students. He filed a suit in a federal district court against Dennis Irwin, the dean of Russ College, and others, for violating his "due-process rights when they publicized accusations about his role in plagiarism by his graduate student advisees without providing him with a meaningful opportunity to clear his name" in public. Irwin asked the court to dismiss the suit. What does due process require in these circumstances? Why? [ Gunasekera v. Irwin, 551 F3d 461 (6th Cir. 2009)]
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The five Learning Objectives below are designed to help improve your understanding of the chapter. After reading this chapter, you should be able to answer the following questions: What is the common law tradition?
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The five Learning Objectives below are designed to help improve your understanding of the chapter. After reading this chapter, you should be able to answer the following questions: What is the Bill of Rights? What freedoms does the First Amendment guarantee?
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Suppose that the California legislature passes a law that severely restricts carbon dioxide emissions from automobiles in that state. A group of automobile manufacturers files a suit against the state of California to prevent the enforcement of the law. The automakers claim that a federal law already sets fuel economy standards nationwide and that these standards are essentially the same as carbon dioxide emission standards. According to the automobile manufacturers, it is unfair to allow California to impose more stringent regulations than those set by the federal law. Using the information presented in the chapter, answer the following questions. 1. Who are the parties (the plaintiffs and the defendant) in this lawsuit? 2. Are the plaintiffs seeking a legal remedy or an equitable remedy? Why? 3. What is the primary source of the law that is at issue here? 4. Read through the appendix that follows this chapter, and then answer the following question: Where would you look to find the relevant California and federal laws?
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Answers to the even-numbered questions in this For Review section can be found in Appendix F at the end of this text. What is the Bill of Rights? What freedoms do the First Amendment guarantee?
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Commerce Clause. Under the federal Sex Offender Registration and Notification Act (SORNA), sex offenders must register as sex offenders and update their registration when they travel from one state to another. David Hall, a convicted sex offender in New York, moved from New York to Virginia, where he lived for part of a year. When he returned to New York, he was charged with the federal offense of failing to register as a sex offender while in Virginia, as required by SORNA. In his defense, he claimed that SORNA was unconstitutional because Congress had no authority to criminalize interstate travel since no commerce was involved. The district court dismissed the indictment. The government appealed, contending that the statute is valid under the commerce clause. Does that contention seem reasonable? Why or why not? [ United States v Hall, 591 F3d 83 (2d Cir. 2010)]
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Answers to the even-numbered questions in this For Review section can be found in Appendix F at the end of this text. What is the difference between remedies at law and remedies in equity?
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The five Learning Objectives below are designed to help improve your understanding of the chapter. After reading this chapter, you should be able to answer the following questions: What constitutional clause gives the federal government the power to regulate commercial activities among the various states?
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Where in the U.S. Constitution can the due process clause be found?
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