Answers To Business Law

Question 1 - 1(a) Explain fully the types and classification of law. Include, at a minimum, a full explanation of the differences between (b) law and equity, (c) priority rules, and (d) the difference between procedural law and substantive law. (e) What is statutory interpretation? By whom is it used and why? (f) What are the methods used? (g) How does statutory interpretation relate to judges, the constitution and legislators? (h) What limits the power of the courts? (i) How does the court system fit into the structure of government? (j) How are judges appointed in the federal system? (k) Why is this controversial and is there a solution to this issue? (l) What is the relationship between statutes and the constitution and what does that have to do with the courts?

1(a). The primary classifications of law are that of criminal and civil. In Criminal law deals with the broken rules of law regarding the societal laws of the state and federal government. In civil law, there has generally been a violation of private rights for which a remedy is due. Criminal Law falls within Public Law and Civil Law falls within Private Law.1

1(b). In regards to law and equity - the difference is quite simple. Law means money and equity means a specific remedy. Often the other party is ordered to do something or cease doing something, depending on the situation. Equity decisions have much more flexibility as Law is based strictly on statutes.2

1"Wikipedia: The Free Encyclopeida" http://en.wikipedia.org

2Taylor, Sherry. Lecture Notes, June 2006

1(c). Priority Rules follow suit in that where societal focus lies, so will the priority of rules. Political and social pressures often determine priority rules.3

1(d). The major difference between Procedural law and Substantive law is that Procedural law is the process by which Substantive law is enforced.1

1(e.) Statutory Interpretation is simply the process of reviewing legislation and determining the appropriate rules consistent with the intent of the laws created. This is typically used by judges in a court of law for judiciary interpretation and constitutionality.3

1(f). The two major methods used to interpret legislation are that of Formalist and Nonformalist. The Formalist view is that judges should follow the strict rule of law, this limiting their discretion. The Nonformalist method is to allow judges to consider the intent of the legislator and use their discretion in these cases.1

1(g).Statutory Interpretation is a process that intermingles judges the constitution and legislators. Legislators pass laws, judges interpret those laws and both must be consistent with the state of federal constitution. The Legislature has a duty to follow the constitution; however the judiciary often makes a determination whether a law is in fact constitutional. 2

1(h). The powers of the courts are limited by both the legislative and executive branches of government. Our system of checks and balances never allows for one branch to have more power than the other two branches. This aside, political and social pressures can affect judicial discretion. The judiciary can only make rulings on cases that are brought to them for resolution. The rule of law as well as precedents is also incorporated to limit court decisions.4

3Answers.com. http://www.answers.com

4Mallor, business Law: The Ethical, Global, and E-Commerce Environment, 12th Ed. Irwin McGraw Hill.

1(i). The court system fits into the structure of government as the judiciary branch. As stated previously, the duty of this branch is to interpret statutes, their constitutionality, and afford remedies of violations.5

1(j).Judges in the federal system get there through the same process. First they must receive a Presidential nomination. From there, they will face the Senate Judiciary Committee to for a competence determination. Once this determination is made, a nomination is sent to the Senate for a vote to approve or reject. The majority vote determines the decision.6

1 (k). This is often controversial due to the political environment. Presidential nominations tend to follow party lines. The beliefs of the current President are generally embodied in his nominee and will affect the legal landscape for many years to come as Federal Judges are appointed for life. A possible solution for this issue is to implement term limits for federal judges.6

1(l). The relationship between statutes and the constitution is quite simple. Statues are the laws and rules derived from the constitution. Legislation is based on the intent of the constitution to which all are bound. Courts must uphold the constitution first and foremost. When legislation is found to be unconstitutional, it will not be enforced in the courts and is thrown out.

5Nolo Do It Yourself Legal. http://.nolo.com

6US Courts: The Federal Judiciary,http://www.uscourts.gov

7Federal Statutes and Federal Legislative History, http://west.thomson.com/documentation/westlaw/wlawdoc/wlres/rsfdst04.pdf

Question 2 - 2(a) How does our society deal with race, age, and sex when dealing with crimes and punishments? (b) Explain the disparity in the prison population that is so heavily male, black and other minorities? (c) What is the role of prisons in our society? (d) What is the cost to society of huge prisons and the growing number of persons with felony convictions? (e) Explain the nature of white collar crime and corporate fraud? (f) What is the cost to society of this type of crime? (g) How are these criminals treated as compared to non-white collar crime? (h) What is the difference between a "tort" and a "crime"? Can a single act be both a tort and a crime? Explain and give an example. (i) How do legal "duties" arise in our society? (j) How is the "reasonable person" standard determined? List the elements and give an example. Does this "reasonable person" standard have a geographic element? Explain. (k) Explain an employer's liability for an employee's tortuous acts, including both direct liability and imputed liability. What should these types of liability issues mean for the small business owner as far as employee screening, records, retention and the use and the use of an employee handbook?

2(a). When crimes are brought to the judicial system, race, age, and sex should not factor into the judges interpretation