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Business Law Exam 1 Essay Questions

Define the term “Law”. Discuss the differences between a “Right” and a “Duty”, The various sources of law.

Law is the rule of society to govern conduct of individuals and their relationships.

Sources of law=
1. Constitutional Law
2. Statutory Law
3. Administrative Law.
EX: Government regulations.
4. Private Law.
EX: following employer rules
5.Case Law.
6. Uniform State Laws.
EX: Laws the whole country follows.

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Right and Duty= Rights and Duties coexist. No rights exist without a corresponding duty.

What is the FOURTH AMENDMENT importance to people. Give examples of how it would apply to various situations.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures. The fourth amendment protects people from not being accused of doing crimes just because someone might ‘think’ they did the crime.
Discuss the difference between a court deciding a case based on the law verses deciding the case on principles of equity.
The barry bonds case is a good example of this. The court felt that the law was not gonna evenly and fairly decide the case. So the power of equity allowed the judge to split the money issued to the holder of the baseball.
Discuss the differences between substantive law and procedural law.
Substantive Law is the law that defines rights and liabilities. Procedural law is the law that explains the steps someone has to take to enforce your right of their liability.
Discuss the differences between criminal law and civil law.
Criminal Law will have punishments attached in the statue such as prison or jail time. EX: Murder.
Civil law is money damages. EX: Parking ticket.
The Federal Court System.
-There are 9 supreme court judges that serve for a life term.
-13 Court of appeals circuits in US.
-District court cases are trialed with a 6 person jury.
Explain State Court system in Missouri.
-7 supreme court judges with 12 year terms that if they wanted to run again they would have to run for retention election when their term is up.
-114 district courts in Missouri.
-12 People on jury. 9 of 12 needed to be convinced to win a case.
How does alternative dispute resolution operate.
Mediation and Arbitration. Mediation is when a messenger gives the dispute to each side of the case. Arbitration is studying the facts of the dispute by arbitrators who make the decision of the case.
Discuss how a CEO can be charged for a crime committed by his employees.
Vicarious Liability.
What is essential to finding a person guilty of a crime.
First you have to look into the mind of the criminal. This is done by using the McNaughton test. This test can tell whether or not the person was sane while committing the crime. Second did the person actually commit the crime.
How does Criminal law apply to computers.
Cyberbullying, hacking, and spamming.
What is the importance of the FIFTH AMENDMENT and how does the miranda case affect police procedures today.
The police must issue miranda rights to the suspect before the police can question them. The FIFTH amendment can protect people from getting themselves in to more trouble.
What is the importance of the Palsgraf case.
The Palsgraf case protects people from being charged with strict liability. Mrs. Palsgraf was too far away from the explosion to be seriously injured.
Why do we need to study law when I am a business major.
Because Law is in everyday life. Even in a business career you have to know the law to protect yourself and other around you.