The Legal Environment of Business: Text and Cases (MindTap Course List)
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
Question
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Chapter 17, Problem 9BCP

(a)

Summary Introduction

Case summary: R and N were partners in LLC. They both disagreed with their company’s management and could not resolve the disagreement. Partner N decided to dissolve the company, but partner R wanted to continue with the company and dissociate N. N filed a suit for the dissolution of LLC and she counterclaimed for N’s dissociation. The decision was passed in favor of N. Aggrieved by the decision, R appealed in the appellate court.

To find:The party’s choice on which issue was framed on the appeal of the R’s case.

(b)

Summary Introduction

Case summary: R and N were partners in LLC. They both disagreed with their company’s management and could not resolve the disagreement. Partner N decided to dissolve the company, but partner R wanted to continue with the company and dissociate N. N filed a suit for the dissolution of LLC and she counterclaimed for N’s dissociation. The decision was passed in favor of N. Aggrieved by the decision, person R appealed in the appellate court.

To find:The rules of interpretation used by the appellate court.

(c)

Summary Introduction

Case summary: R and N were the partners in LLC. They both disagreed with their company’s management and could not resolve the disagreement. Partner N decided to dissolve the company, but partner R wanted to continue with the company and dissociate the partner N. N filed a suit for the dissolution of LLC and she counterclaimed for N’s dissociation. The decision was passed in favor of N. Aggrieved by the decision, person R appealed in the appellate court.

To find: The languages of statutes construed by the court.

(d)

Summary Introduction

Case summary:R and N were the partners in LLC. They both disagreed with their company’s management and could not resolve the disagreement. Partner N decided to dissolve the company, but partner R wanted to continue with the company and dissociate N. N filed a suit for the dissolution of LLC and she counterclaimed for N’s dissociation. The decision was passed in favor of N. Aggrieved by the decision, person R appealed in the appellate court.

To find:The language construction by the court that led to the result.

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Students have asked these similar questions
1. How does a persuasive precedent differ from a binding precedent and are courts always bound by such precedents? a. What are the three main methods in which the doctrine of precedent operates within a legal system?
1-1 Binding versus Persuasive Authority. A county court in Illinois is deciding a case inovlving an issue that has never been addressed before in that state's court. The Iowa Supreme Court, however, recently decided a case involving a very similar fact pattern. Is the Illinois court obligated to follow the Iowa Supreme Court decision on the issue? If the United States Supreme Court had decided a similar case, would that decision be binding on the Illinois court? Explain ( See The Common Law Tradition.)
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