What is the purposive construction of a statute? How does it differ from the literal rule?
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- What is the purposive construction of a statute? How does it differ from the literal rule?
- Briefly, what are the alternatives to suing someone in court to enforce your legal rights, and why would you consider them?
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- In this chapter, we stated that the doctrine of stare decisis "became a cornerstone of the English and American judicial systems." What does stare decisis mean, and why has this doctrine been so fundamental to the development of our legal tradition? Also, what is the name commonly given to our legal tradition, as inherited from the English system?Briefly explain the meanings and scope of “Public Law” and “Private LawWhen a party to a lawsuit for breach of contract files pleadings, they must conform to which set of rules? Multiple Choice The Rules of Civil Litigation The Federal Rules of Contracts The Federal Rules of Evidence The Rules of Civil Procedure
- Write a summary of the Commerce Clause and its effect on business activity, discussing the evolution of the Commerce Clause after reading: Gibbons v. Ogden, 22 U.S. 1 (1824); Wickard v. Filburn, 317 U.S. 111 (1942); Heart of Atlanta Motel Inc. v. United States, 379 U.S. 241 (1964);and United States v. Alfonso D. Lopez, Jr., 514 U.S. 549 (1995).Does the concept of judicial interpretation of the law mean that judges can make whatever law they wish? And, how can courts remain flexible, if they are required to follow precedent?Explain the difference between common law and statutory law.
- Warranty and strict liability represent two causes of action, often relied upon by plaintiffs who pursue recovery in a product liability case. Describe the two legal theories by making reference to the elements that need be proven; the obstacles with which a plaintiff may be confronted; the recoveries that be sought; and finally, the nature of the cause of action; hint from what discipline of law does each theory ariseExplain the statutory interpretation tools in law . With exampleIn business, what is the purpose of discovery and what methods of discovery are used in a lawsuit?