The Legal Environment of Business: Text and Cases (MindTap Course List)
10th Edition
ISBN: 9781305967304
Author: Frank B. Cross, Roger LeRoy Miller
Publisher: Cengage Learning
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Question
Chapter 1, Problem 1IS
Summary Introduction
Case Summary: The possible scenarios when a judge might have to look into the case law to find the reason behind the passing of a particular statute.
To Explain: When a judge is supposed to dwell into a case law to figure out the intent and purpose of a statute.
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Both public and private law derive from statutory law.
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whats the difference between statutory law and case law
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Chapter 1 Solutions
The Legal Environment of Business: Text and Cases (MindTap Course List)
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- Discuss why the legal system in the United States ensures that federal law preempts state law. What are the advantages of having one set of laws, such as federal law, above all others? Does this infringe upon the states' rights to govern their citizens? Even if the federal constitution should preempt all other laws, should federal statutes preempt state constitutions? Why/why not?arrow_forwardWhat 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?arrow_forwardDoes 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?arrow_forward
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- With reference to the English legal system: a) elaborate on what is meant by common law and its advantages and disadvantages b) identify the key characteristics of case law (how cases are decided) and explain the doctrine of precearrow_forwardBriefly, what are the alternatives to suing someone in court to enforce your legal rights, and why would you consider them? What are the three main methods in which the doctrine of precedent operates within a legal system?arrow_forwardBriefly explain the meanings and scope of “Public Law” and “Private Lawarrow_forward
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