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Subject:
Law
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Essay
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English (U.S.)
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Topic:
Business Law analyze legal issues
Essay Instructions:
This project requires you to identify and analyze legal issues and make recommendations based on one or more fact patterns. The issues will relate to the concepts covered in weeks 1, 2, and 3 about the legal environment of business and business organizations.
1. As courts decide cases involving the Internet and new kinds of issues not addressed previously, what role, if any, does precedent play? What role should it play? What difficulties could arise?
2. Steve often purchases office supplies from Supplymax, a company with stores in many states, but none in Steve's home state of Missouri. Supplymax does, however, maintain a distribution center in Kansas City, Missouri. Supplymax does not advertise in Missouri except that it places a few advertisements in national magazines, some of which are sold in Missouri. Steve has an arrangement with its store in Chicago, and Steve will often contact the Chicago store and have it hold items for him to pick up when he is on one of his frequent business trips to Chicago. Last year, Steve purchased eight chairs from Supplymax to use with his conference table at his business. At a recent meeting with his local sales staff, one of the chairs collapsed, injuring Steve. Steve has sued Supplymax in state court in his hometown of St. Louis. Supplymax does not want to have this case heard in St. Louis, or anywhere in Missouri for that matter. But if it must be in Missouri, Supplymax demands that the case be heard in Kansas City. Discuss the issues and likely outcome of this situation.
3. Increasing numbers of consumer contracts contain arbitration clauses in which the consumer agrees in advance that any dispute related to the contract will be submitted to an arbitrator, often chosen by the other party to the contract. Agreements between consumers and insurance companies, as well as agreements between stockbrokers and their clients are two areas where these are increasingly common. What are the advantages and disadvantages to the consumer of such a clause? Should these clauses be effective to allow consumers to give up their rights to use the court system? Does it affect your analysis if you learn that many consumers are not aware of these provisions or do not understand them when they enter into these agreements? How enforceable should these mandatory arbitration clauses be?
Essay Sample Content Preview:
Business Law
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A precedent is pre-existing legal judgment. Precedent comes from instance law, or previous legal decisions and situations. Precedent is executed, unless overturned by higher courts. In the USA, much of its law is created and considered by most judges. This judicially created law, or common law, is legitimate unless the legislature rejects it. Case law can include understanding of laws or other regulation, presentation of the constitution, or rulings on a case in which no legal law straight indicates. When a judge makes a court decision on a case, that case decision becomes legal precedent. This implies that any following cases will adhere to the precedent brought forth in the case. Individuals can refer to precedent to guide their actions, and attorneys can look at the precedent, to predict how a situation will end up, and to come up with justifications for or against a particular legal presentation.
Accordingly, precedent is used as frequent, to rationalize a result in a court case, as it is to inform the ruling. The system of legal judicial choices in which were developed the factors of law coming up in any situation, a formerly made the decision that is regarded executed in the law court where it was released, and all legal courts in the same legislation are binding. A court ruling in a former situation with information, and law just like a discussion currently before a judge will be used. Precedent will normally regulate the ruling of a later identical situation, unless a party can display that it was incorrectly made a decision or that it differed in some considerable way (Emerson 2009).
The ruling of legal courts when exactly in factor with a case before the judge are usually organized to have an executed power, as well to keep the range of rights even and stable because the law in that situation has been solemnly announced and identified. To provide precedents legitimate they must be established in purpose and justice; must be made through discussion, and be the serious choice of the court; and to be able to provide them binding impact there must be a present of choices.
Precedent have a difficulty in deciding of cases sometimes, since there are so many court decisions that have been past that sometimes it is not easy to get the relevant reasoning and cases. Moreover, adverse decisions may be taken since the lower courts are to follow the higher courts whose decisions on cases are not guaranteed to be perfect. In addition, precedent hinders the law from developing. It also proves difficult to differentiate between obiter and ratio (Emerson 2009).
The contract of buying chair was made in Chicago where Supplymax has a store. In addition to the description given, Supplymax has no stores in Missouri and even do not advertise...
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