BMGT 380

BUSINESS LAW
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(31October 2010)
QUIZ 1
BMGT 380
Instructions: Please answer the following short answer questions. Each question is worth 5 points.
1.  (a) What is a judicial decision?
A judicial decision is the determination or ruling made by a court that is of proficient jurisdiction on matters or subject submitted to the court.
    (b)  What is stare decisis?
This is a basic principle of the law in that the decision which is precedent is made on a case by a court then it must be applied and respected by other courts.
    (c) Explain whether stare decisis apply to the North Carolina Supreme Court when the U.S. Supreme Court issues a court decision.
The US uses common law system in the state courts and much less in the federal courts; however there are times where the decisions are overruled. Stare decisis does not apply to North Carolina.
    (d) Explain whether stare decisis apply to the North Carolina Supreme Court when the South Carolina Supreme Court issues a court decision.
Stare decisis is not applicable to the North Carolina when the South Carolina Supreme Court issues a court decision. The court is not constrained to stare decisis and may sometime invoke it. This is because they are different state courts.
2.    (a) What is personam jurisdiction?
Personam jurisdiction is the power of the court over a specific defendant or property. This is necessary so that the court binds the defendant or individual to an obligation.
    (b) If a court does not have personam jurisdiction over a person, how can a court obtain jurisdiction over the person?
Firstly, by serving the individual personally with notices or summons in the state of the individual, when the person voluntarily agrees on the court having jurisdiction on the matter, and if the person never contests on the jurisdiction. The court must first establish whether the acts of the person warrant personam jurisdiction this include the purposeful acts of the person.
3.    What are the consequences of a tie decision of the Supreme Court justices?
The decision is made by five justices who vote to establish the majority if there is a tie then the previous judgment is declared. The case can also be taken to the court of appeal for hearing.
4.    Explain the jurisdiction of federal courts and state courts.
The federal courts have original jurisdiction over specific matters e.g. United States bankruptcy courts, Tax Court, Private Land Claims (1891-1904), International Trade, Federal Claims, and Foreign Intelligence Surveillance Court. The federal courts also have jurisdiction of Appeals for Veterans Claims, Appeals for the Armed Forces and Appeals for the Federal Circuit.
The state courts mainly deal with disputes connected to the US states; these include civil and criminal disputes and are minimally supervised by the federal court.
5.    What is a statute of limitations?
Statute of limitations is an endorsement in a common law legal system that guides on the limits of time taken after an event where legal proceedings may be initiated based on the event.
6.    How is a trial court decision appealed?
When one is not satisfied with the ruling of the court then he has a right to appeal on grounds of law, procedure or facts errors. The defendant must prove beyond reasonable doubt that the trial court never acted correctly and violated his rights in the judgment. Firstly the copy of the court record in the case must be presented to the court of appeal, and a notice of appeal filed in the correct time as specified by law and payment of the necessary fees. The attorney of the individual should file a brief which is the legal argument of the client, then the court of appeal will make a ruling on whether to uphold the previous ruling or reverse the ruling.
7.    (a) What authority does the judicial branch of the government have?
The judiciary is responsible for interpreting laws and making decisions on legal issues. It also determines if the legislature passes laws that are in line with the constitution.
    (b) What authority does the legislative branch of the government have?
The legislature has the powers of passing, amending and repealing laws. The assembly also enact laws have exclusive powers to increase taxes they also discuss and adopt the budget and bills.
    (c) What authority does the executive branch of the government have?
The executive has the responsibility and authority of administration of the state policies following the constitution and is headed by the president.
8.    Explain the Supremacy Clause of the U.S. Constitution.
The supremacy clause is entrenched in article VI, section 1 and in clause 2 of the constitution which affirms and confirms the constitution and the law it contains as the supreme law to be followed in the US and binds all citizens and the government to uphold it.
9.    Explain the federal government's authority to regulate foreign commerce and interstate commerce.
The authority of the federal government to regulate commerce is stated in the commerce clause. The federal government must ...