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1.Under the doctrine of stare decisis, courts are obligated to follow the precedents established in their jurisdictions unless there is a compelling reason not to. Should U.S. courts continue to adhere to this common law principle, given that our government now regulates so many areas by statute?

2. After World War II, several Nazis were convicted of “crimes against humanity” by an international court. Assuming that these convicted war criminals had not disobeyed any law of their country and had merely been following their government’s orders, what law had they violated? Explain.

3.For this week Chapter 2 covers the Constitution and the amendment to the Constitution. The First Amendment list a number of fundamental rights that we as citizens enjoy. Among them is Freedom of Religion. As you will notice there are two separate and distinct clauses, the Establishment Clause and the Free Exercise Clause. We all have our own religious and moral believes and convictions. Setting aside these beliefs your question this week is should prayer be allowed in public schools and at government-sponsored public events?

https://www.huffingtonpost.com/jeff-schweitzer/founding-fathers-we-are-n_b_6761840.html

https://edition.cnn.com/2015/07/02/living/america-christian-nation/index.html



Each question but be answeres in two to three full paragraphs. Please site

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Legal Heritage and the Digital Age CHAPTER 1 10/4/2018 Copyright © 2015 Pearson Education, Inc. 1-1 Learning Objectives ◼ Define law ◼ Describe the functions of law ◼ Explain the development of the U.S. legal system ◼ List and describe the sources of law in the United States ◼ Discuss the importance of the U.S. Supreme Court’s decision in Brown v. Board of Education 10/4/2018 Copyright © 2015 Pearson Education, Inc. 1-2 Law ◼ Body of rules of action or conduct prescribed by controlling authority having binding legal force ◼ Must be obeyed and followed by citizens subject to legal consequences 10/4/2018 Copyright © 2015 Pearson Education, Inc. 1-3 Functions of the Law ◼ Keeping the peace ◼ Shaping moral standards ◼ Promoting social justice ◼ Maintaining the status quo ◼ Facilitating orderly change ◼ Providing a basis for compromise ◼ Facilitating planning ◼ Maximizing individual freedom 10/4/2018 Copyright © 2015 Pearson Education, Inc. 1-4 Characteristics of the U.S. legal System ◼ Fairness ◼ Most comprehensive, fair, and democratic systems of law ever developed and enforced ◼ Flexibility ◼ Evolves and changes with the norms of society, technology, and the growth of commerce in the United States and the world 10/4/2018 Copyright © 2015 Pearson Education, Inc. 1-5 U.S. Supreme Court Case of Brown v. Board of Education (1954) ◼ Supreme Court reversed prior precedent of Plessy v. Ferguson (1896) ◼ Court held that the separate but equal doctrine violated the Equal Protection Clause of the Fourteenth Amendment to the Constitution ◼ Demonstrated that a Supreme Court can overrule prior Supreme Court decisions to promote justice 10/4/2018 Copyright © 2015 Pearson Education, Inc. 1-6 Jurisprudence ◼ Philosophy or science of law ◼ Range from classical natural theory to modern theories 10/4/2018 Copyright © 2015 Pearson Education, Inc. 1-7 Schools of Jurisprudential Thought School Natural law Philosophy • Law that is based on what is correct • Moral theory of law: Law should be based on morality and ethics Historical • Law is an aggregate of social traditions and customs Analytical • Law is shaped by logic Sociological 10/4/2018 • Law is a means of achieving and advancing certain sociological goals Copyright © 2015 Pearson Education, Inc. 1-8 Schools of Jurisprudential Thought School Command Philosophy • Law is a set of rules developed, communicated, and enforced by the ruling party • Legal rules are unnecessary Critical legal • Disputes should be solved by applying arbitrary studies rules based on fairness Law and economics 10/4/2018 • Promoting market efficiency should be the central concern of legal decision making Copyright © 2015 Pearson Education, Inc. 1-9 English Common Law ◼ Originated from opinions given by judges when deciding a case ◼ Principles announced in delivering judgment became precedent for similar cases ◼ Law courts: Places where judges appointed by the King and Queen administered the system of law uniformly 10/4/2018 Copyright © 2015 Pearson Education, Inc. 1-10 English Common Law ◼ Court of Chancery or equity court: Place to appeal against unfair decisions from the law courts ◼ Equitable remedies - Chancellor’s remedies that were shaped to fit each situation ◼ Law merchant: Rules to solve commercial disputes for English and European merchants ◼ Merchant courts: Separate set of courts established to administer rules for solving commercial disputes 10/4/2018 Copyright © 2015 Pearson Education, Inc. 1-11 Global Law: The Civil Law System of France and Germany ◼ Romano-Germanic civil law system ◼ Originated from the Twelve Tables, a code of laws applicable to the Romans ◼ French Civil Code of 1804 and the German Civil Code of 1896 ◼ National codes that became models for countries that adopted civil codes ◼ Civil code and the parliamentary statutes ◼ 10/4/2018 Sources of law in most civil law countries Copyright © 2015 Pearson Education, Inc. 1-12 Constitution of the United States of America ◼ Supreme law of the land - Laws that conflict with the constitution are unenforceable ◼ Created: ◼ ◼ ◼ Legislative branch: Power to enact the law Executive branch: Power to enforce the law Judicial branch: Power to interpret and determine the validity of the law ◼ State constitutions: Patterned after the U.S. Constitution to establish its powers 10/4/2018 Copyright © 2015 Pearson Education, Inc. 1-13 Constitution of the United States of America ◼ Treaties: Provision in the U.S. Constitution that allows the President to enter into agreements with other nations ◼ Advice and consent of two-thirds of the Senate ◼ Statutes: Written laws that establish certain behavior that covered parties must adhere to ◼ Federal statutes: Regulate foreign and interstate commerce ◼ ◼ 10/4/2018 Found in code books or codified law State statutes: Enacted by state legislatures Copyright © 2015 Pearson Education, Inc. 1-14 Ordinances and Executive Orders ◼ Ordinances: Enacted by municipalities and local government agencies ◼ Are codified ◼ Executive orders: Issued by the President of the United States and state governors ◼ 10/4/2018 Power to issue is derived from express delegation from the legislative branch Copyright © 2015 Pearson Education, Inc. 1-15 Regulations and Orders of Administrative Agencies ◼ Administrative agencies: Enforce and interpret statutes enacted by Congress and state legislatures ◼ Created by the legislative and executive branches of government ◼ Administrative rules and regulations: Interpret the statutes that the agency is authorized to enforce ◼ ◼ 10/4/2018 Have the force of law Orders: Decisions made by the agency Copyright © 2015 Pearson Education, Inc. 1-16 Judicial Decisions ◼ Issued by federal and state courts when deciding individual lawsuits ◼ Doctrine of stare decisis ◼ Stare decisis: Adherence to precedent ▪ Precedent: Past court decisions used for deciding future cases ◼ Promotes uniformity of law within a jurisdiction ◼ Improves the court system's efficiency ◼ Makes the law more predictable 10/4/2018 Copyright © 2015 Pearson Education, Inc. 1-17 Priority of Law in the United States ◼ The U.S. Constitution and treaties take precedence over all other laws ◼ Federal statues take precedence over federal regulations ◼ Valid federal law takes precedence over conflicting state or local law 10/4/2018 Copyright © 2015 Pearson Education, Inc. 1-18 Priority of Law in the United States ◼ State constitutions rank as the highest state law ◼ State statutes take precedence over state regulations ◼ Valid state law takes precedence over local law 10/4/2018 Copyright © 2015 Pearson Education, Inc. 1-19 Critical Legal Thinking ◼ Interpreting information to solve simple or complex legal issues or cases by: ◼ ◼ ◼ ◼ Investigating Analyzing Evaluating Interpreting ◼ Helps to make clear, logical, rational, and well-reasoned conclusions and judgments 10/4/2018 Copyright © 2015 Pearson Education, Inc. 1-20 Socratic Method ◼ Series of questions and answers and a give- and-take inquiry and debate between a professor and the students ◼ Used by the U.S. Congress and state legislatures to enact new laws that address new issues of the digital environment 10/4/2018 Copyright © 2015 Pearson Education, Inc. 1-21 IRAC Method ◼ Facts - To be investigated and understood ◼ Issue - What is the legal issue in the case? ◼ Rule - What rule (law) should be applied to the case? ◼ Analysis - What is the court’s analysis and rationale? ◼ Conclusion - What was the conclusion or outcome of the case? 10/4/2018 Copyright © 2015 Pearson Education, Inc. 1-22 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the publisher. Printed in the United States of America. Copyright © 2015 Pearson Education, Inc. 10/4/2018 Copyright © 2015 Pearson Education, Inc. 1-23 Constitutional Law for Business and E-Commerce CHAPTER 2 10/4/2018 Copyright © 2015 Pearson Education, Inc. 2-1 Learning Objectives ◼ Describe the concept of federalism and the doctrine of separation of powers ◼ Define and apply the Supremacy Clause of the U.S. Constitution ◼ Explain the federal government’s authority to regulate interstate commerce and foreign commerce 10/4/2018 Copyright © 2015 Pearson Education, Inc. 2-2 Learning Objectives ◼ Explain how the freedoms of speech, assembly, religion, and the press are protected by the First Amendment and how commercial speech may be limited ◼ Explain the doctrines of equal protection and due process 10/4/2018 Copyright © 2015 Pearson Education, Inc. 2-3 Declaration of Independence ◼ Document that declared the American colonies independent from England 10/4/2018 Copyright © 2015 Pearson Education, Inc. 2-4 Constitution of the United States of America ◼ Federal government: Consists of legislative, executive, and judicial systems ◼ Articles of Confederation: created a federal Congress composed of representatives of the 13 new states ◼ U.S. Constitution: Fundamental law of the U.S. which was ratified by the states in 1788 ◼ ◼ 10/4/2018 Creates three branches of government Protects individual rights by limiting the government’s ability to restrict those rights Copyright © 2015 Pearson Education, Inc. 2-5 Federalism and Delegated Powers ◼ Federalism: The U.S. form of government in which federal government and the 50 state governments share powers ◼ Enumerated powers: Delegated to the federal government by the states ◼ Reserved powers: Held by the states like dealing with local affairs 10/4/2018 Copyright © 2015 Pearson Education, Inc. 2-6 Doctrine of Separation of Powers ◼ Article I - Establishes legislative branch ◼ Legislative branch: The part of the U.S. government that makes federal laws, and is bicameral ◼ 10/4/2018 Bicameral: Constitutes the Senate and the House of Representatives Copyright © 2015 Pearson Education, Inc. 2-7 Doctrine of Separation of Powers ◼ Article II ◼ Executive branch: Part of the U.S. government that enforces the federal law ◼ Electoral College: Constitutes of representatives who select president ◼ Article III ◼ 10/4/2018 Judicial branch: The part of the U.S. government that interprets the law and consists of the Supreme Court and other federal courts Copyright © 2015 Pearson Education, Inc. 2-8 Checks and Balances ◼ A system built into the U.S. Constitution to prevent any one of the three branches of the government from becoming too powerful 10/4/2018 Copyright © 2015 Pearson Education, Inc. 2-9 The Supremacy Clause ◼ Establishes that the federal constitution, treaties, federal laws, and federal regulations are the supreme law of the land ◼ Preemption doctrine: States that federal law takes precedence over state or local law 10/4/2018 Copyright © 2015 Pearson Education, Inc. 2-10 Commerce Clause ◼ Grants Congress the power to regulate commerce with: ◼ ◼ ◼ Foreign nations Among the several states Indian tribes ◼ Indian Gaming Regulatory Act: Establishes requirements and regulations for conducting casino gambling and gaming activities on tribal land 10/4/2018 Copyright © 2015 Pearson Education, Inc. 2-11 Commerce Clause ◼ Foreign commerce clause: Grants the federal government the authority to regulate foreign commerce ◼ Interstate commerce: Commerce that moves between states or that affects commerce between states ◼ 10/4/2018 Effects on interstate commerce test: Any local activity that has an effect on interstate commerce is subject to federal regulation Copyright © 2015 Pearson Education, Inc. 2-12 Police Power ◼ Permits states and local governments to enact laws to protect or promote the public: ◼ ◼ ◼ Health and safety Morals General welfare ◼ Allows states to regulate intrastate commerce and interstate commerce that occurs within their borders 10/4/2018 Copyright © 2015 Pearson Education, Inc. 2-13 Dormant Commerce Clause ◼ Federal government, in-spite of the Commerce Clause power chooses not to regulate an area of commerce ◼ Prohibits the state’s regulation from unduly burdening interstate commerce ◼ 10/4/2018 Unduly burdening interstate commerce: States may enact laws for general welfare, as long as the laws do not unduly burden interstate commerce Copyright © 2015 Pearson Education, Inc. 2-14 E-Commerce ◼ Conducting business electronically with the help of the Internet and other computer networks ◼ Requires obtaining website domain names ◼ Is subject to the Commerce Clause of the U.S. Constitution 10/4/2018 Copyright © 2015 Pearson Education, Inc. 2-15 Bill of Rights ◼ First 10 amendments to the U.S. Constitution ◼ Guarantees fundamental rights and protects these rights from intrusive government action ◼ First Amendment: Includes freedom of speech, freedom to assemble, freedom of the press, and freedom of religion ◼ Incorporation doctrine: Makes fundamental guarantees contained in the Bill of Rights applicable to state and local government action 10/4/2018 Copyright © 2015 Pearson Education, Inc. 2-16 Freedom of Speech ◼ Right to engage in oral, written, and symbolic speech protected by the First Amendment ◼ Categories ◼ ◼ ◼ 10/4/2018 Fully protected speech: Cannot be prohibited or regulated by the government Limited protected speech: Not prohibited but subject to time, place, and manner restrictions Unprotected speech: Not protected by the First Amendment and is forbidden by the government Copyright © 2015 Pearson Education, Inc. 2-17 Types of Limited Protected Speech ◼ Offensive speech ◼ Speech that is offensive to many members of society, is subject to time, place, and manner restrictions ◼ Commercial speech ◼ 10/4/2018 Speech used by businesses, such as advertising, is subject to time, place, and manner restrictions Copyright © 2015 Pearson Education, Inc. 2-18 Types of Unprotected Speech ◼ Dangerous speech ◼ Words that are likely to provoke a hostile or violent response ◼ Speech that incites the violent or revolutionary overthrow of the government ◼ Defamatory language ◼ Child pornography ◼ Obscene speech 10/4/2018 Copyright © 2015 Pearson Education, Inc. 2-19 Freedom of Religion ◼ Requires federal, state, and local governments to be neutral toward religion ◼ Establishment Clause ◼ Prohibits the government from establishing a state religion or promoting one religion over another ◼ Free Exercise Clause ◼ 10/4/2018 Prohibits the government from interfering with the free exercise of religion in the U.S Copyright © 2015 Pearson Education, Inc. 2-20 Clauses in the Fourteenth Amendment ◼ Equal Protection Clause: State cannot deny to any person within its jurisdiction the equal protection of the laws ◼ Due Process Clause: No person shall be deprived of life, liberty, or property without due process of the law ◼ Privileges and Immunities Clause: Constitutional provisions that prohibit states from enacting laws that unduly discriminate in favor of their residents 10/4/2018 Copyright © 2015 Pearson Education, Inc. 2-21 The Equal Protection Clause ◼ Strict scrutiny test: Applied to classifications based on suspected classes such as race, national origin, and citizenship, and to fundamental rights ◼ Intermediate scrutiny test: Applied to classifications based on protected classes other than race ◼ Rational basis test: Applied to classifications not involving suspect or protected class 10/4/2018 Copyright © 2015 Pearson Education, Inc. 2-22 Categories of Due Process ◼ Substantive due process ◼ Requires government statutes, ordinances, regulations, or other laws be clear on their face and not overly broad in scope ◼ Procedural due process ◼ Requires that the government give a person proper notice and hearing of the legal action before that person is deprived of his or her life, liberty, or property 10/4/2018 Copyright © 2015 Pearson Education, Inc. 2-23 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the publisher. Printed in the United States of America. Copyright © 2015 Pearson Education, Inc. 10/4/2018 Copyright © 2015 Pearson Education, Inc. 2-24
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Running head: BUSINESS LAW

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Business Law

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BUSINESS LAW

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Q1.
The stare decisis principle originates from the use of common law that the United States
legal system adopted from English Common Law. The English Common Law’s origin is
founded on judicial opinions that were rendered by judges in determining and deciding cases
before them. As such, the principles used in giving judgment were used as precedents in similar
or related future cases. Imperatively, the principle of using precedents in making determinations
in cases has always been part of the U.S. court system (Cheeseman, 2015). Consequently, clearly
established precedents which ensure that an individual’s liberties as enshrined in the constitution
are not violated should be followed by our courts in the United States.
Precedents can only be set aside in judicial decisions if compelling reasons exist.
Common law may be changing because of increased statutory laws established by government at
different levels but the doctrine of stare decisis still hold validity as an essential component the
law. In fact, these precedents promote law uniformity in a jurisdiction, enhance a legal system’s
efficiency, and allow courts to have more predictable laws. Further, it is the courts that interpret
the statutes and it is only prudent that judges base their decisions on principles used in previous
cases.
Q2.
The conviction of the Nazis during the infamous Nuremberg Trials after the Second
World War for “crimes against humanity” was based on the doctrines of natural law violations.
The Nazi criminals did not disobey or breach any legal provisions under the Germany law at the
time but had violated the tenets of new international laws concerning “crimes against humanity.”
The laws outlined some of the violations that constituted inhumane acts committed against
people in civilized society. International law criminalizes acts like murder...


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