Business Law Questions Essay

1143 words - 5 pages

Luis ArmendiaOctober 3, 2004BUSINESS LAWUNIT ONE AND TWO QUESTIONS1-4. Which source of law takes priority in the following situations, and why?a) A federal statute conflicts with the U.S. Constitution.A. CONSTITUTONAL LAW. Article VI, the Constitution is the supreme law; a law in violation of the Constitution will be declared unconstitutional and won't be enforced.b) A federal statute conflicts with a state constitutional provision.A. STATUTORY LAW. A federal statute applies to all states.c) A state statute conflicts with the common law of that state.A. CONSTITUTIONAL LAW. A state constitution is supreme within the state's borders.d) A state constitutional amendment conflicts with the U.S. Constitution.A. CONSTITUTIONAL LAW. A state's constitution can't conflict with the U.S. Constitution or a federal law.1-5. What does stare decisis mean, and why has this doctrine been so fundamental to the development of our legal tradition?A. Stare decisis is a Latin phrase meaning "to stand on decided cases"; in other words, is a case precedent or statute, that may be binding or nonbinding, and will influence the outcome of future similar cases. It's so fundamental to our legal tradition, because it helps the courts to be more efficient, serving them as a guide, making law more stable and predictable.2-3. If the use of videotapes as official reports continues will this alter the appellate process? Should it?A. In my opinion it will alter the appellate process, but not by much, because appellate courts look at questions of law and procedure; in other words, it concerns the application or interpretation of the law and whether it was carried out properly by the trial judge or by a jury. On questions of fact, it can affect the process in the way that the appellate court is now looking at non verbal elements and not just the testimonies and other evidence presented. I think it shouldn't affect the process, because their decision should be based only on evidence and by presenting a video the nonverbal or non factual elements of the case shouldn't have any influence on the appellate court's decision.2-4. In what court might Callais bring suit-a Florida state court, a Georgia State court, or a federal court? What factors may influence her decision?A. She could bring a lawsuit in either a Florida state court, since that's the place the place where the incident occurred; or bring it into a Federal court, because there's diversity of citizenship and the claim amount exceeds $75,000. However, she might not be able to bring it to a federal court if Florida is the principal place of business of that firm. I think the normal thing is for Callais to bring the suit to a state court; since she is resident of that state, and that's where the accident happened.3-2. What are some of the social benefits and costs of the contingency-fee system?A. Some of the benefits are that if the lawsuit is unsuccessful, the client doesn't have to pay anything to the attorney except for court...


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