Business Law





Business Law

FOIA-Freedom of Information Act: people can access and request information from the federal government

Commerce Clause: makes it legal for Congress to conduct trade with several entities including foreign nations, Indian tribes, and certain states

Concurrent Jurisdiction: the authority exercised by different courts such as federal and state courts. The presence of concurrent jurisdiction gives the plaintiff more choice in determining the most appropriate forum  

Due process: ensures that a person is treated fairly under the law and that all the necessary procedures are followed

Federalism: ensures that the executive or the central government does not have all the authority but that it divides it with the states and other lower levels

Sunset legislation: leads to a re-examination of established laws and enables the continuity and improvement of the productive and beneficial policies and laws

Arbitration: it is one of the methods used in alternative dispute resolutions. It allows cases to be settled out of court, but it might compromise the quality of justice. It is a preferred option for people who want to avoid the lengthy legal processes and the costs associated with litigation  

Preponderance of evidence: it is a burden of proof usually used in civil trials. A higher standard leads to favorable outcomes

Jurisprudence: this refers to the philosophy or science of the law. Understanding the philosophy and science of law is important for the sake of explaining and analyzing the present laws.

Part III

Identify and discuss the major functions of American law and describe how some of these functions may appear to be inconsistent

The law shapes the moral standards, helps in keeping the peace, promotes social justice, and maintains the status quo. It facilitates planning and orderly life. It is an enabler of maximizing individual freedom, and it provides a basis for compromise. Some of the identified functions of the law may seem inconsistent. For instance, the fact that the law functions as a basis for compromise and it maximizes individual freedom.

The city of Pittsburgh enacted an ordinance that forbids religious groups from distributing their material within the city unless the church or religious group is granted a permit. Other types of materials can be distributed within the city without a permit. What concerns would you raise as the attorney for these church groups about the legality of this ordinance?

The established legislation is against the constitution. It limits churches and other religious organizations from expressing themselves. The first amendment has a free exercise clause, which prohibits the government from enacting laws that prevent people from participating or practicing their religion. Governments should not discriminate against any religious groups. By allowing other forms of material to be distributed without a permit yet denying the religious groups the same privilege, the government is showing discrimination towards particular groups

Describe the major types of alternative dispute resolution. Why is ADR becoming more popular than traditional litigation?

The main types of ADR are arbitration, summary jury trials, and mediation. Arbitration involves selecting a third party to resolve the dispute between the parties. Mediation is the process of working towards a settlement. In the mediation process, a mediator helps the parties to come to a settlement. Mediators may give their opinions if they think that this will lead to an agreement. Summary jury trials are often used in federal courts. The parties involved in a dispute get the chance to present their case before a panel of jurors instead of a regular jury. ADR has become more popular because it enables the parties to save costs and to resolve their disputes speedily. Courts are encouraging alternative methods to reduce the backlogs.

The first amendment is rich and deep with rights/protections for both real and artificial persons. List and give examples of the parts of the first amendment that apply to business

The freedom of expression is protected under the first amendment. It includes the rights to individual freedoms including speech and press. This applies to businesses especially on matters concerning advertisements and marketing campaigns. The idea that corporations are artificial beings or persons makes them entitled to the provisions of the first amendment. When companies advertise and engage in marketing campaigns, they are usually raising awareness concerning their products. They are communicating the benefits and features of the products and services they offer.

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