IE 447 Chapter 1 HW
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New Jersey Institute Of Technology *
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447
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Industrial Engineering
Date
Dec 6, 2023
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docx
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Uploaded by geovanibaak
IE 447 Chapter 1 HW
1)
1. A plaintiff is the one who files the lawsuit and is wronged, while the defendant supposedly is
accused of doing the wrong, and whom the lawsuit is filed against.
The parties in this lawsuit are a group of automobile manufacturers (plaintiffs) and the state of
California (defendant).
2. Legal remedies award economic compensation to cover up the damage or loss suffered by an
individual due to wrongful acts of another. Equitable remedies involve the judgement by the
court ordering the party which committed the wrongful act(s) to do or not to do things that will
compensate the damage or loss suffered by the other party. The group of automobile
manufacturers opposes California in enforcement of the law that severely restricts carbon
dioxide emission from automobiles. It does not want such a law to come into effect. Thus, the
group is seeking equitable remedy.
3. As per claim of the automakers, the federal government had already set standards relating to
fuel economy. Since the federal government has a separately written constitution setting general
automobile fuel economy standards, constitutional law is the primary source of law at issue in
this case.
4. California laws can be found in the Pacific Reporter unit of the National Reporter System,
published by the West Group. The Pacific Reporter specifically covers California State.
Federal Laws, however, can be found in the unofficial publications named:
West’s Federal Supplement
West’s Federal Reporter
West’s Bankruptcy Reporter
United States Reports
West’s Supreme court Reporter
Lawyers’ Edition of the Supreme Court Reports.
2)
Business Scenarios and Case problems:
1.1
The idea of stare decisis, which asserts that lower courts within the same jurisdiction should
be followed, is upheld by the common law tradition. An Illinois county court would not be
obligated to abide by the Iowa Supreme Court's decision because they are not under the
same jurisdiction. The Illinois court would follow the United States Supreme Court's decision
in a related case as the prevailing precedent. The Supreme Court of the United States is the
highest court in the land, and as such, its decisions override those of all other courts in the
country. As a result, the Illinois court would be required to follow the US Supreme Court's
decision because it is binding authority.
1.2
The right to free expression is protected by the First Amendment, and it can be argued that
the state is violating this freedom by refusing to pay unemployment benefits to Thomas. The
free exercise clause of the First Amendment prohibits the government from limiting a
person's ability to follow their religion. Thomas contends that his shift to the factory that
makes military equipment forced him to quit from his work, thereby violating his right to
freedom of religion.
1.3
If the court employs the doctrine of stare decisis, the lawsuit brought by the members
against AOL based on the member agreement's forum-selection clause is probably going to
be dismissed. According to the principle of stare decisis, a court must abide by decisions
made by higher courts with the same jurisdiction. The AOL forum-selection clause has
previously been declared unenforceable in this case by California courts due to its violation
of a stringent state public policy. The court would then have to uphold these earlier
decisions and dismiss the members' lawsuit against AOL because of the forum-selection
clause.
1.4
The establishment clause of the First Amendment prohibits the government from endorsing
or advancing any specific religion. The Ten Commandments poster that was on display in the
courtroom in this case, according to the American Civil Liberties Union (ACLU), contravenes
this clause because it could be read as endorsing the Judeo-Christian faith. Therefore, in
Judge James DeWeese's courtroom, hanging is in violation of the First Amendment's
establishment clause.
1.5
The Equal Protection Clause of the Fourteenth Amendment prohibits discrimination against
people based on their race, sex, or national origin. The Supreme Court has not yet added
sexual orientation to the list of characteristics covered by the Equal Protection Clause. This
raises the issue of whether the equal protection clause can be used to prohibit bias based on
sexual orientation in jury selection.
1.6
A person's right to life, liberty, or property cannot be taken away from them without first
receiving due process of law, according to the Fourteenth Amendment's Due Process Clause.
Brown claims that his right to due process was violated in this instance because he was
dismissed from school without a hearing. The school claims that Brown was expelled
because he failed to disclose his criminal history on the application, which was a reason for
dismissal according to Brown. The school officials also gave him a chance to reply in writing,
but he insisted on a hearing. Therefore, a court would need to decide whether Brown had a
protected interest in his continued enrollment, whether the school's actions were arbitrary
and capricious, and whether the school's policies were adequate to safeguard Brown's
interests.
1-8 1. The survivors would be guilty of murder in my opinion. Murder is defined by English law as
the intentional, unlawful killing of another person. In this instance, Dudley suggested and carried
out the killing of the boy with the intention of feeding the other survivors off of his body. The
fact that the men were in a precarious situation and might starve to death does not justify the
murderous deed.
2. Judges should be able to take into account the larger context and fundamental principles of
justice in cases like Regina v. Dudley and Stephens, where the letter of the law may not
adequately address the particular circumstances of the case.
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