The Legal Environment of Business: Text and Cases
The Legal Environment of Business: Text and Cases
10th Edition
ISBN: 9781337535878
Author: Frank B. Cross; Roger LeRoy Miller
Publisher: Cengage Learning US
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Chapter 2, Problem 4CT
Summary Introduction

Case Summary: The existence of foreign law in the court of law, and its determination and interpretation as a law or question of fact.

To Find: Determination and interpretation of foreign law as a law or question of fact.

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Should U.S. courts, and in particular the United States Supreme Court look to the laws of other nations for guidance when deciding important issues, including those involving rights granted by the Constitution?  If so, what impact might this have on their decisions?  Please explain.
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?
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?
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