Case Summary: The automakers of California file a suit, seeking to prevent the enforcement of a law by California legislature that seeks to curb the emissions of carbon dioxide substantially from all automobiles within their territory. The automakers contend that a federal law exists which puts a cap on the emission of carbon dioxide indirectly, by enforcing the fuel economy standards nationwide. The manufacturers claim that natural justice is being denied to them by the harsher restrictions placed by the Californian law.
To Explain: Parties in the suit at hand.
Explanation of Solution
The plaintiffs in the suit would be the group of automobile manufacturers who are against the enforcement of the Californian law, as they are the ones seeking the remedy from the court and who initiated the lawsuit. Whereas, the State of California would be the defendant in this suit, who would put forth their defense, and give reasons for the validity of the law and its enforcement, while furnishing the reasons why the plaintiff should be denied for the remedy.
Want to see more full solutions like this?
Chapter 1 Solutions
The Legal Environment of Business: Text and Cases
- No Plagiarism Please! Compare the major antitrust acts of the United States. Specify the intent and purpose of each, and draw conclusions about their effectiveness.arrow_forwardPreparation Corporate social responsibility (CSR, also called corporate conscience, corporate citizenship, or responsible business) is a form of corporate self-regulation integrated into a business model. CSR policy functions as a self-regulatory mechanism whereby a business monitors and ensures its active compliance with the spirit of the law, ethical standards, and national or international norms. With some models, a firm's implementation of CSR goes beyond compliance and engages in "actions that appeár to further some social good, beyond the interests of the firm and that which is required by law." The aim is to increase long- term profits and shareholder trust through positive public relations and high ethical standards to reduce business and legal risk by taking responsibility for corporate actions. CSR strategies encourage the company to make a positive impact on the environment and stakeholders including consumers, employees, investors, communities, and others. Every year,…arrow_forwardPlease discuss the legal and ethical status of the physician's actions in the following case. Include in your analysis any relevant laws A complainant alleged that a private practice physician denied her access to her medical records, because the complainant had an outstanding balance for services the physician had provided. The physician openly admitted that the complainant was not given access to her medical record because of the outstanding balance. The physician noted that it is clearly spelled out in the information given to patients that access to their records is contingent on payment in full.arrow_forward
- Charter of Rights and Freedoms In 1988, the federal government introduced a legislation, Tobacco Products Control Act, created in complete and total prohibition on all advertising and promotion of tobacco products in Canada. The act also required a health warning of a specific nature to be put on tobacco packaging and prohibited the manufacturers from putting any other information on those packages. The manufacturer challenged the legislation before the Supreme Court claiming that it interfered with the manufacturer’s right to freedom of expression section 2 (b) of the Charter of Rights and Freedoms. 1) Do Supreme Court has legal right to interpret the legislated law? 2) Does law infringe the freedom of expression of the charter? Please state your reasons.arrow_forwardWisconsin passes a state law that bans all semi-trucks from carrying double-trailers on roads in our state (see picture below). The state's ostensible reason for passing the law is to reduce accidents on the road. Double-trailers a more likely to be involved in accidents than single-trailer semis. A national trade group representing freight companies sues the state, arguing that the law violates the Dormant Commerce Clause. Would the state law violate the Dormant Commerce Clause? Explain your decision.arrow_forwardWhat are the penalties and enforcement mechanisms outlined in the Companies Act for non-compliance with its provisions?arrow_forward
- For the scenario below, determine the legality of the company's actions. Ioncorp sells cabinets nationwide to the furniture company Blinkorp. It makes an agreement that Blinkorp will only sell Ioncorp cabinets in its warehouses. Strictly illegal Legal Illegal, depending on impactarrow_forwardLaws referenced and type of law used in the Uber Technologies, Inc. v. Heller (2020) casearrow_forward1. Regarding the Endangered Species Act (ESA), the following statement is true: The act limits its scope to protection with no recovery plans for the species it protects. The act does not allow courts or regulators to take economic factors into consideration in applying its provisions. The act was passed in the year 1952 under the guidelines given by the panel on the Council on Environmental Quality. The act has its scope limited to private businesses. The act provides for exemptions that are applicable to private activities for certain important federal projects. 2. Under the Securities and Exchange Commission's (SEC) quasi-judicial power, it has the right to regulate the various stock exchanges. appoint commissioners. conduct investigations. create legislation relating to federal securities laws.…arrow_forward
- The United States Department of Transportation regulates that certain employees engaged in oil and gas pipeline operations are required to submit to random drug testing. The employee does not have to be suspected of drug use before being tested. Review the documents found at https://www.transportation.gov/odapc. If the employees challenge this rule in court, will the rule be upheld? What is a police state? If the United States were a police state, privacy and other rights that we often take for granted could be commonplace and easily justified in the interest of security. If that were the situation, would a case like this one have even come before a court? What is a safety sensitive position? Why are these positions highly regulated? What advantages are there to an employer to use basic principles of fairness in investigating and disciplining employees? Do you think that employees who feel that they are being treated fairly will likely be more productive and more loyal than employees…arrow_forwardIn 1992 the state of California charged Sears Auto Centers with overcharging customers for unneeded or unperformed repairs. Sears agreed to a settlement that could cost as much as $20 million. Sears had compensated its salespeople with commissions based on total sales. Following the settlement, Sears dropped the commissions and went to a straight salary. Sears recently indicated that it is planning to reinstate commissions for salespeople in their Auto Centers. It even plans on paying commissions for selling customers brake jobs and wheel alignments. These two products were the core of the 1992 scandal. Sears says that it has taken steps to prevent a recurrence of past problems. In particular, the decision right to recommend repairs is granted to mechanics who are paid a straight salary. Sales consultants are paid commissions for selling repair services but are not authorized to recommend repairs. Under the old system that caused problems, these individuals diagnosed repair…arrow_forwardSection 139, Disaster Relief Payment, was enacted by Congress in 2001 to ensure that victims of a qualified disaster would not be required to include in gross income payments received for funeral expenses resulting from a terrorist attack. True Falsearrow_forward
- BUSN 11 Introduction to Business Student EditionBusinessISBN:9781337407137Author:KellyPublisher:Cengage LearningEssentials of Business Communication (MindTap Cou...BusinessISBN:9781337386494Author:Mary Ellen Guffey, Dana LoewyPublisher:Cengage LearningAccounting Information Systems (14th Edition)BusinessISBN:9780134474021Author:Marshall B. Romney, Paul J. SteinbartPublisher:PEARSON
- International Business: Competing in the Global M...BusinessISBN:9781259929441Author:Charles W. L. Hill Dr, G. Tomas M. HultPublisher:McGraw-Hill Education