Business Law and the Legal Environment Study Set 1

Business

Quiz 1 :

The Nature and Sources of Law

Quiz 1 :

The Nature and Sources of Law

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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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Case brief:
CN is the student of the W university, when is at her class campus security entered her dorm room and searched. After returning from the class she discovered what had happened and complained to senior resident and senior replied that it was the university property and CN has no right of privacy.
Right of privacy:
It is the individual legal right which have the right to secure individual from the unreasonable searches.
The fourth amendment of the US constitution guarantees this rule of right of privacy.
In this case University security entered and searched some dorm rooms without notice. The student has a right of privacy to her dorm room even if the dorm is University property.
As per the fourth amendment of the US constitution no police or security should not enter anyone's home without any notice. Here in this case the security checked the dorm rooms without any prior notice or warrant. Moreover, there is no reasonable suspicion for the search is mentioned. Hence, there is a right of privacy in a dorm room. The statement given by the senior resident is incorrect.

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The 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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Company C had run an advertisement "E" during a bowling event which got the highest rating as a best ad for the game. After certain months, company A ran an Ad at an auto show which gave the feel that the ad content is similar to the content of ad E made by company C. The ad of company A became viral on internet and company C and its publisher notifies company A that the ad constitutes an unauthorized use of their intellectual property.
Company C can claim protection under copyright infringement under intellectual property rights that falls under uniform commercial code. If the ad of the company A is similar and is a copy of idea of the company C, then C can sue company A for committing copyright infringement and can claim protection. Company C can protect its intellectual idea related to the ad.
Courts can see the extent of the infringement that have been committed in the above case and can see the applicability of the law and proceed accordingly.

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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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In this case Professor P sent an email to Professor J using work place University email system. The email chided J and J sent it to a superior. P does not have a right of privacy to the email. The email system is part of the University property and it has a business interest in reviewing email contents.

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What is the principle of stare decisis?
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Explain how Twitter, Facebook, and LinkedIn have resulted in the development of new laws and precedent.
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What do uniform laws accomplish? Why do states adopt them? Give an example of a uniform law.
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List the sources of law.
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Give 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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The 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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What is the difference between common law and statutory law?
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Under what circumstances would a court disregard precedent?
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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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What is the difference between a statute and an administrative regulation?
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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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