Management (Business Law)

Name:

Tutor:

Course:

Date:

Management (Business Law)

Question 11

The federal appellate districts will be listed by the circuit and the city respectively: 1^st Boston, 2^nd New York, 3^rd Philadelphia, 4^th Richmond, 5^th New Orleans, 6^th Cincinnati, 7^th Chicago, 8^th St. Louis, 9^th San Francisco, 10^th Denver, and 11^th Atlanta. 

Question 12

Balancing in courts is used recurrently to decide constitutional cases. It normally comprises scaling opposing rights against each other. The courts apply a series of tests in order to balance the interest of the public together with the exercise of individual rights. The first test is based on copyright regulation. When assessing whether a specific use of work possesses fair use, the Berne Three-Step Test is usually carried out. The courts also use case-by-case balancing tests in determining whether claims of individual jurisdiction are consistent with the Due Process Clause.   

Question 13

The Common Law framework comprises a legal structure that provides considerable precedential weight to law on the basis that it is unjust to judge corresponding facts disparately within different occasions. The main source of law utilized is common law. Common law allows court decisions to assume a considerable role within the application of statutes in deciding litigations. This is because such decisions establish precedents that can be utilized in deciding future similar cases.

Question 14

There are mainly four elements of law. The first one comprises the law of survival. This generally applies to the external setting that individual occupies. In order to thrive in a society with insufficient resources, the respective law calls for individual compliance with natural mores in order for one to survive. The second one is the law of toleration. This particular tenet accentuates the importance of endurance and understanding in order to avert engagement in tort litigation. Thirdly, the law of ruling classes generally applies to the impact that the ruling class imposes on law. The last one comprises contract law, which is based on agreements.

Question 15

The original objective of the Bill of Rights was to limit Congress from misusing its power. Overall, incorporation is implemented to states via the Due Process Clause as part of the Fourteenth Amendment. However, certain provisions within the Bill of Rights have not yet been inculcated within the clause. The First and Sixth Amendments are examples.

Question 16

In terms of indirect democracy, a process turns into a code through a political process. In order to ensure that the people exercise their democratic right, bills are normally debated by the Congress in order to ensure that they benefit the general population. Through such debates, the processes involved become codes once they are accepted under a vote of confidence.

Question 17

 Article 1, section 8 identifies the authorities that the Congress bears in considerable detail. According to this particular statute, the legislative powers of the Congress are enumerated. There are several provisions present in the statute. Foremost, the Commerce Clause gives the Congress authority to manage business with foreign nations, states and Indian Tribes. The Copyright Clause, as another provision, allows Congress to endorse intellectual property rights. The third stipulation comprises the War Powers provision, which gives Congress power to regulate the armies. Lastly, the Necessary and Proper provision allows Congress to perform whatever is required and appropriate in relation to the enumerated powers it possesses.

Question 18

 Law has various functions within a legal system. The judicial function comprises the centre of this framework. Through this task, a legal structure arbitrates disputes and issues decisions based on resolution. Accordingly, the legislative function determines the regulations that will preside over the arbitration process. Lastly, the executive function guarantees that the warring parties surrender to arbitration and comply with the decision imposed via the judicial procedure.

Question 19

Suspect classification is an unconstitutional classification established on basis of physical and cultural attributes. Hence, the elements of a suspect classification comprise the facets that define any suspect class. Discrimination comprises the first attribute. In order for one to be under a suspect class, he or she must have undergone a history of prejudice. Secondly, insufficient political power is also an evident factor. Consequently, there has to be present immutable characteristics such as color or race. Lastly, a segregated and distinguished minority is required.

Question 20

Article 1, section 9, contrary to Article 1, section 8, provides restrictions to the enumerated powers of the Congress. The first provision limits Congress from prohibiting the importation or migration of individuals. The second provision restricts Congress from suspending the right of the Writ of Habeas Corpus with the exception of rebellion or invasion. Thirdly, the Congress shall not pass ex-post facto law or the Attainder Bill. Lastly, the Congress is limited from laying capitation or any form of direct tax except in events involving Proportion to Enumeration or the Census.