Business Law Ch 1 Solutions 12e

2172 words - 9 pages

Chapter 1

Introduction to Law and
Legal Reasoning

Answers to Questions in the Reviewing Feature

The automobile manufacturers are the plaintiffs, and the state of California is the defendant.

2A. Remedy
The plaintiffs are seeking an injunction, an equitable remedy, to prevent the state of California from enforcing its statute restricting carbon dioxide emissions.

3A. Source of law
This case involves a law passed by the California legislature and a federal statute; thus the primary source of law is statutory law.

4A. Finding the law
Federal statutes are found in the United States Code, and California statutes are published ...view middle of the document...

Given that federal and state governments increasingly are regulating more aspects of commercial transactions between merchants and consumers, perhaps the courts should simply stick to statutory language when disputes arise.

Answers to Questions and Case Problems

1-1A. Sources of law
(Chapter 1—Pages 4–5, 7–8, 9 & 16)
Common law developed in the judicial system of England and its colonies before 1776. Statutory law refers to the body of law that is enacted by state and federal legislatures. Common law is not in any particular form; it consists of quotable statements taken from relevant opinions by prior judges, as well as ancient statutes, and is often summarized in legal treatises. Statutory law is found in the current published laws of each jurisdiction and is relatively concise. Although most states have adopted common law by legislative decree, state legislatures do not feel obligated to pass statutes consistent with common law, and inconsistent statutes supersede common law. Only in areas in which the legislature has not acted does common law serve as the primary authority. For example, the adoption of the Uniform Commercial Code in each state changed some rules of common law previously in effect.

1-2A. Question with Sample Answer: Schools of jurisprudential thought
At the time of the Nuremberg trials, “crimes against humanity” were new international crimes. The laws criminalized such acts as murder, extermination, enslavement, deportation, and other inhumane acts committed against any civilian population. These international laws derived their legitimacy from “natural law.” Natural law, which is the oldest and one of the most significant schools of jurisprudence, holds that governments and legal systems should reflect the moral and ethical ideals that are inherent in human nature. Because natural law is universal and discoverable by reason, its adherents believe that all other law is derived from natural law. Natural law therefore supersedes laws created by humans (national, or “positive,” law), and in a conflict between the two, national or positive law loses its legitimacy. The Nuremberg defendants asserted that they had been acting in accordance with German law. The judges dismissed these claims, reasoning that the defendants’ acts were commonly regarded as crimes and that the accused must have known that the acts would be considered criminal. The judges clearly believed the tenets of natural law and expected that the defendants, too, should have been able to realize that their acts ran afoul of it. The fact that the “positivist law” of Germany at the time required them to commit these acts is irrelevant. Under natural law theory, the international court was justified in finding the defendants guilty of crimes against humanity.

1-3A. Reading citations
(Chapter 1—Pages 16 & 18)
The court’s opinion in this case—Pinard v. Dandy Lions, LLC, 119 Conn.App. 368, 987 A.2d 406...

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