Essay Questions Exam #1 Due Sunday Oct 19th @ 10pm Emmanuel .docx

Essay Questions Exam #1
Due Sunday Oct 19th @ 10pm
Emmanuel
1. What are the differences between domestic law and
international law? What are the sources for international law?
Domestic law is enforced by legit government. Codified by a
legitimate government. Domestic law is dominated by
dominated by culture. No true international law
International law – 1) a nation can consent to be bound by
international law (agree to a treaty)
2)a convention (comes out of the UN) UN has to be signed by
each country- international contract. 3) also consent by custom
& practices.
2. What is "enfranchisement"? Discuss the amendments in the
US Constitution that applies to
Enfranchisement- to admit to the privileges of a citizen and
especially to the right of suffrage
Amendments
· 15th – blacks
· 19th –deals with women rights
· 23th –Washington D.C. can vote
· 24th – abolish property tax vote
· 26th – Lower voting age to 18 years
David Lopez
3. What is “ethics”? What is “morality”? What are the

differences between ethics, morality and the law? Briefly
discuss legal obligations, professional obligations and
organizational obligations.
As mentioned in chapter 5, at the most basic level, ethics
constitutes right or wrong behavior. It is a branch of philosophy
focusing on morality and the way moral principles are derived
and implemented. Ethics has to do with the fairness, justness,
rightness, or wrongness of an action. Morals are influenced by
culture or society, however they are principal’s set individually
by person to person. Business ethics and business law are
closely intertwined because ultimately the law rests on social
beliefs about right and wrong behavior in the business world.
4. What is "pleadings"? Discuss the contents of a complaint.
The complaint and answer, taken together, are known as the
pleadings.
-The facts showing that the court has subject- matter and
personal jurisdiction
-The facts establishing the plaintiff’s basis for relief,
-The remedy the plaintiff is seeking.
5. Discuss at least four reasons why the court will apply
equitable remedies. Note:UMIRU
Equitable remedies include specific performance, an injunction,
and rescission. Specific performance involves ordering a party
to perform an agreement as promised. An injunction is an order
to a party to cease engaging in a specific activity or to undo
some wrong or injury. Rescission is the cancellation of a
contractual obligation.Todays courts will not grant equitable
remedies unless the remedy at law (monetary damages )is
inadequate.
6. Briefly discuss the major publication, practices and
invention that had an influence on the US Constitution.
Ideas from many people and several existing documents,

including the Articles of Confederation and Declaration of
Independence had major influences on the publication for the
constitution.
7. What is evidence law? What criteria must be met for
evidence to be admissible.
The law of evidence provides principles and rules to prove facts
in a court.
To be admissible evidence must be relevant to the case and
follow:
Depositions (sworn testimony by either party or any witness).
Interrogatories (in which parties to the action write answers to
questions with the aid of their attorneys).
admissions, documents, examinations, or other information
relating to the case.
electronically recorded information, such as e-mail, text
messages, voice mail, and other data.
8. Briefly discuss the Articles of the US Constitution.
Article 1- All legislative Powers herein granted shall be vested
in a Congress of the United States, which shall consist of a
Senate and House of Representatives. the U.S. Congress makes
the laws for the United States.
Article 2- The executive Power shall be vested in a President of
the United States of America. the President, Vice-President,
Cabinet, and Departments under the Cabinet Secretaries carry
out the laws made by Congress.
Article 3- The judicial Power of the United States, shall be
vested in one supreme Court. The courts under the Supreme
Court decide criminal and civil court cases according to the
correct federal, state, and local laws.
Article 4 -States have the power to make and carry out their
own laws. State laws that are related to the people and problems
of their area. States respect other states laws and work together
with other states to fix regional problems.

Article 5- The Constitution can be changed. New amendments
can be added to the US Constitution with the approval by a two-
thirds vote in each house of Congress , and three-fourth vote by
the states.
Article 6 - Federal powers: The Constitution and federal laws
are higher than state and local laws. All laws must agree with
the US Constitution.
Article 7: Ratification: The Constitution was presented to
George Washington and the men at the Constitutional
Convention on September 17, 1787, Representatives from
twelve out of the thirteen original states signed the
Constitution. From September 1787 to July 1788, the states
meet, talked about, and finally voted to approve the
Constitution.
9. Discuss the appropriate laws applicable to marketing.
Laws applicable to marketing include those to protect
consumers from unfair or deceptive trade practices, including
deceptive advertising. Every businesses has a legal obligation to
ensure that those marketing and advertising materials are
truthful and not deceptive or otherwise a violation of the law.
10. What is “constitutional law”? What are the basic concepts
of the US Constitution.
It is a set of standards we have set out in our society. Our
country and states operate under all these laws.The Constitution
is the supreme law of the land. As such, it is the basis of all law
in the United States.
11.) The federal appellate districts by circuit and city are
District of Columbia, Washington, 1st Boston, 2nd New York,
3rd Philadelphia, 4th Richmond, 5th New Orleans, 6th
Cincinnati, 7th Chicago, 8th St. Louis, 9th San Francisco, 10th
Denver, 11th Atlanta and finally Federal Circuit. Federal
Circuit is any of the above places listed as the court rules by

directs.
Doug Jensen
12. In terms of the “balancing concept”, briefly discuss the
various tests the courts apply in balancing the interest of the
public with the exercise of individual rights. CSR
The balancing concept is that courts have to balance the rights
of individuals against the interest of the state, no rights are
absolute and exercise of rights are subject to restrictions by
government. The various test can be remembered as CSR,
Compelling interest test, Substantial relations test, and Rational
Basis test.
The Compelling interest test. Compelling Interest Test:
government must show a compelling interest, and the means to
achieve that compelling interest must be narrowly tailored such
that there are no other viable alternatives.
Substantial Relations Test: Government must show an
“important interest” and the means to achieve that important
interest must be substantially related.
Rational Basis Test: Government must show a “legitimate
interest” and the means to achieve that legitimate interest must
be rationally related.
13. What is the Common Law Legal System? What is the
primary source of law used in deciding cases in the Common
Law Legal System? Why do "court decisions" play a prominent
role in applying statutes in deciding cases? Hint-diversity,
cases before statutes and interpretation.
A "common law system" is a legal system that gives great
precedential weight to common law, on the principle that it is
unfair to treat similar facts differently on different occasions.
The primary source of law used in deciding cases in the
Common Law Legal System are old court case decisions. They
play such a prominent role in applying statutes because common

law uses the statutes that the other cases decided in a similar
case.
14. In general, discuss the elements of “LAW”.
The elements for law are as follows: culture, codification,
control, enforcement, and acceptability. Culture law is a
manifestation of the ethics, morals and cultural patterns of
society that defines good and bad behavior or right or wrong
behavior. Codification law is the product of a deliberative,
rational, logical process that is prescribed by law within that
society. Control Law is designed to regulate and control
conduct so that government, individuals and business will act in
a predictable manner given a “social, political or economic”
stimuli. Courts have the legal obligation to enforce the law.
Enforcement: only the courts can grant punishment or award
remedies after applying the law in determining if the law has
been violated. Acceptance: people expect the law to serve their
general interest.
15. What was the original intent of the “Bill of Rights”?
Which provisions of the “Bill of Rights” have not been
incorporated into the “Due Process Clause” of the 14th
Amendment.
The bill of rights was added to the constitution after it was
ratified because a political party at the time, called the
federalists, were afraid of giving the government too much
power. They compromised by adding the Bill of Rights, so
everyone would ratify the Constitution. The provisions that
have not been incorporated in the 14th amendment are the
“laws” that allow the court to restrict some rights if they are
narrowly tailored to do so. If society seems fit they can restrict
some rights even though the 14th amendment says they cannot.
16. In terms of “indirect democracy”, discuss the process by
which an “idea” is converted into a code.
In direct democracy it goes from an idea to a bill then to

the legislative process then it is converted into one version of
the bill then it goes to the governor and he/she signs bill and it
becomes a law in six months then a statute and then code.
17. What is the purpose of Article 1, section 8? Discuss at
least four provisions of Article 1, section 8.
The purpose for article 1 section 8 is that Congress shall have
Power to lay and collect Taxes, Duties, Imposts and Excises, to
pay the Debts and provide for the common Defense and general
Welfare of the United States; but all Duties, Imposts and
Excises shall be uniform throughout the United States. They are
a lot of provisions but I will discuss 4 of them.
One provision was for congress to borrow Money on the credit
of the United States; Congress is allowed to go into debt to pay
for government programs and services. Deficit spending by the
government was fairly rare in peacetime through much of
American history, but has been quite common in recent decades.
Another provision is for congress to provide for the Punishment
of counterfeiting the Securities and current Coin of the United
States aka don’t counterfeit.
Thirdly congress has the ability to promote the Progress of
Science and useful Arts, by securing for limited Times to
Authors and Inventors the exclusive Right to their respective
Writings and Discoveries, which allows creative inventions.
Lastly, congress can declare War, grant Letters of Marque and
Reprisal, and make Rules concerning Captures on Land and
Water.
18. Discuss the functions of law in a legal system.
I guess in simple terms the function of law in a legal
system is to decide what is right and wrong. In reference to its
maintenance of order, law must decide exactly what is lawful
and what is not. In this same way, the purpose of law remains to
provide a basis for which one may lead a lawful life, with the
well-being of others as a consequence of such a function.
Another function of law is to create predictability in the judicial

field of view. Laws help advance a society because without
them we would just keep repeating history. Law maintains
individual freedoms while still keeping in mind what is moral
and right.
19. What is a “Suspect Classification”? Discuss the elements
of a “suspect classification”. IHMIE
In American jurisprudence, a suspect classification is any
classification of groups meeting a series of criteria suggesting
they are likely the subject of discrimination. Suspect
classifications include classifications based on race, national
origin, and citizenship. Courts uphold suspect.
20. What is the function of Article 1, section 9. Discuss at
least four provisions of Article 1, section 9.
The Function of Article 1, section 9 is to limit the power of
Congress and it places limitations on how law is made in the
U.S. In The first clause, the constitution stops Congress from
banning the Importation of slaves before 1808. Next it provides
the privilege of a writ of habeas corpus. This allows a prisoner
to challenge his or her imprisonment in court. Third, it prohibits
a bill of attainder. Which are laws against specific people or
groups making them automatically guilty of crimes without a
normal court proceeding. Intended to deny and prevent
Congress from bypassing the courts and denying criminals there
guaranteed rights in the constitution. Fourth gives Congress the
power to impose a federal income tax and prohibits states from
imposing taxes on goods coming into their state from another
state.
Brittany Chavez
21. Discuss the contents of a "complaint".

A complaint is defined according to the book as, “the pleading
made by a plaintiff alleging wrongdoing on the part defendant;
the documents that, when filed with a court, initiates a lawsuit”.
The contents of a complaint are a three step process. The first
part of the complaint must maintain a statement that claims
there is a personal jurisdiction and a subject matter as stated as
facts by a court. Secondly, the same facts must demonstrate the
plaintiff’s basis for relief. Finally the complaint must state what
the plaintiff is seeking in order to receive relief.
Reference: (Text book) “Business Law: First Course (Text &
Cases)” p.52 & Glossary G-7
22. What is “critical thinking”? Discuss the various steps
applied for “critical thinking”. Note: SGARROOP-gara
Critical thinking is way of having another individual be
influenced on a position based on information, in which one has
a particular interest. One can achieve this goal using the
acronym SGARROOP-gara which are the steps that can be used
for “critical thinking” (Selecting A Topic, gathering
Information (Source of Information), authentication, relevancy,
accuracy/reliability, objective evaluation, organization,
professional presentation, identifying the audience, revision,
and appearance).
One must first start by selecting a topic in which we are
trying to convenience another individual. Secondly, one must
gather information relevant to the topic. Next, one must make
sure that the information is authentic, relevant on the topic and
on time, and accurate and reliable. Then, one must make sure
that the information presented has a clear objective and is
organized, as well as that the audience has been identified.
Finally that it is presented in a professional manner and
appearance, after careful revision.
Reference: (Power point) Introduction to law (1), slide 11.
23. Discuss the appropriate laws applicable to human
resources.

The laws that are applicable to human resources, would be on
how to handle employees, discrimination laws, contract law,
and labor laws.
Reference: (Reader) pg. 6 under section f. labor
24. What is “Substantive Due Process”? Discuss the various
methods used to challenge an act of government. IVOCR
The substantive due process according to the book, “is focused
on the content of legislation rather than how fair the procedure
may be. It places limit on the legislative and executive
capacities, based on the due process of fifth and fourteenth
amendment. This lets government violate an individual
fundamental rights only if there is a compelling interest on
rational basis.
Reference :( Text book) “Business Law: First Course (Text &
Cases)” p.89, Reader pg. 12
25. Discuss the various forms of legal reasoning. DILAT
Legal Reasoning is using information to persuade a judge in a
particular decision. DILAT can be used in legal reasoning.
(Deductive-general to specific, inductive-specific to general,
linear interconnection of relevant facts, analogy-no law on
point, use law that relates, traditional). Legal Reasoning is used
in questioning how to settle a case by previous cases decisions.
One can use IRAC, which stands for issue, rule, application and
conclusion.
Reference: (Power point) US court systems (1), slide 12.(Text
book) “Business Law: First Course (Text & Cases)” p.9.
26. Discuss the Articles and Amendments that apply to the
Executive Branch in the US Constitution.
Article II, and the 12th, 20th, 22nd, and 25th amendments apply
to the Executive Branch in the US Constitution.
Reference :( Power point) Constitutional Law, slide 3.
27. In terms of the “Equal Protection Clause”, discuss the tests

used by the courts to determine if an act of government is a
form of unreasonable or reasonable” classification scheme. SSR
Depending on a court they will classify the case, as different
scrutiny “or tests”. These test are used by the courts to
determine if an act of government is a form of “unreasonable or
reasonable”. They are strict scrutiny, intermediate scrutiny, or
the “rational basis” test.
Cases)” p.89
28. What is “Due Process”? Discuss the key elements of “Due
Process”. Note-ACU
Based on the fifth and fourteenth amendment states, “that no
person shall be deprived of “of life, liberty, or property, without
due process of law”. The due process has two aspects, one of
which is procedural due process and the other substantive due
process. The procedural due process, requires that decisions to
take life, liberty, or property must be made equitably. Meaning,
during a court decisions both sides of the issue must be given
proper notice and an opportunity to be heard. The substantive
due process, states that legislation must be fair and reasonable
in content and must further a legislative governmental
objective. (ACU refers to arbitrary, capricious, and
unreasonable).
Arbitrary- the acts of the government must be based on critical
thinking that deals with
anecdotal, emotional or illogical criteria. Capricious- The
decisions made must minimizes the harm to the unprotected
group. Unreasonable- the government cannot make a distinction
among human beings based on immutable characteristics (such
as race, color, national origin, gender, gender plus, disability,
age, or religion.
Cases)” p.88-89
29. Discuss the laws applicable to the Adversarial Litigation

Process. SPR
Laws applicable to the adversarial litigation process are
Substantive Law: Domestic, government, economic and civil
relationships. Procedural Law: proving how individual rights
have been violated as substantive laws.
Yueling Xu
30. In general, discuss the various types of legal systems around
the world. Note: Distinguish each by source of law.
A. Providing Order and Predictability -- a totally safe and
predictable world cannot be guaranteed, but a climate can be
created which makes it worthwhile for people to be productive
and live rich, fulfilling lives, focused on their hopes and dreams
for tomorrow, as opposed to a "live for today" attitude. Law is
supposed to enrich everyday life in society. It's supposed to
produce a reaction in people where they say, "the law will take
care of that" so they can go on about their business.
B. Resolving Disputes -- both individuals and organizations are
going to have
disagreements, and unless we are willing to tolerate vigilantism,
then the much preferred system is one in which people turn over
their disputes to the proper authorities for official handling.
Disputes are then "settled" according to one or more standards
of proof, which in most justice systems consist of the following
categories subject to various theoretical and applied
interpretations.
C. Protecting Individuals and Property -- most laws deal with
protection of self and property, and exist to punish those who
harm, steal, destroy, or cheat. In addition, a civil law exists
which allows victims to sue for damages. The function of law
here is pretty clear-cut -- to keep people from being in fear and
constant anxiety about the potential loss of life and property.
Property is a central concept in law and a term subject to

philosophical debate, but the point is that property rights are the
best-known way of protecting the "little guy" from "big guys."
D. Providing for the General Welfare -- law has a synergistic
effect and also enables the biggest bang for the smallest buck.
It allows numerous groups in society to at least vent and/or
accomplish things that individuals could not accomplish alone.
Written constitutions usually contain guarantees of this; e.g.,
providing for the common defense, secure the blessings of
liberty, etc. This function also usually entails the government
stepping in to coordinate or create some public service, which is
handled badly by individuals or the private sector. The concept
of general welfare is similar to the concept of "commonwealth"
which is the idea that all interests in society are to be protected,
not just a narrow class of interests or some segment of the
population.
E. Protecting Individual Liberties -- stated as well as implied
(civil) rights exist under a rule of law, and often the weaker,
more implied rights are in need of the most protection,
sometimes from the government itself. It is an unique feature
of sophisticated legal systems of law that the law-givers and
law-enforcers are also subject to the same laws that ordinary
citizens are accountable for, not that this is dwelled upon, but it
cannot be taken for granted either. This is just in the nature of
the idea of rights, that they are always contestable, and that
they always involve subjective perceptions of injustice.
31. Discuss the appropriate laws applicable to research and
development.
This Act serves to protect various inventions and ideas made by
a person, within this context, a business researcher. For
instance, inventions to do with feasible and implementable
managerial ideas, and which can, theoretically, are transferred
to managers upon a binding agreement, and possibly an
acknowledgement. (The Office of Research Integrity, n.d.).

They safeguard the interests if the people. Researchers can
sometimes fabricate results and findings to influence or
manipulate certain business or managerial decisions or
opinions; hence this law puts them in check.
32. Discuss the Legal Aspects of the Constitution in terms of
structure of government, voting/enfranchisement and civil
liberties.
33. What distinguishes "international law" from "domestic
law"? What are the sources of international rules and
regulations?
34. Briefly discuss the various forms of criminal remedies.

Remedies at law are an award of money damages that will
compensate the injured party for his losses. Remedies at law
consist of compensatory damages, nominal damages, liquidated
damages, and punitive damages.
Compensatory damages- is when the court must compensate the
injured person for the provable losses he has suffered as well as
for the provable gains that he has been prevented from realizing
by breach of contract.
Nominal damages- are very small awards that are given when a
technical breach of contract has occurred without causing any
actual or provable economic loss.
Liquidated damages- are when a contract states that a specific
sum shall be recoverable if the contract is breached.
Punitive damages- are damages awarded in addition to the
compensatory remedy that are designed to punish a defendant
for particularly reprehensible behavior and to deter the
defendant and others from committing similar behavior in the
future.
Remedies in equity come from cases in which money damages
alone are not adequate to fully compensate for a party’s
injuries. Remedies in equity are as follows:
Specific performance- is an equitable remedy whereby the court
orders the breaching party to perform his contractual duties as
promised.
Injunction- is a court order requiring someone to do or not to do
something.
What is “Procedural Due Process”. Briefly discuss the steps
applicable to Procedural Due Process.
Procedural due process-is the requirement that government
decision is to take away a person’s life, liberty or property must
be made fairly. Fair procedures must be used in coming to this
decision. The government must provide the defendant with a
fair opportunity to object the decision to the judge.

What is the primary source of law in the Common Law Legal
System. Discuss how court decisions came to play a prominent
role in the “Common Law Legal System”. LPD
Common law- is a judge made law. Case law plays a big
decision in resolving disputes.
The system of common law operated on case decisions. Case
law is not a law but it assists the courts on applying the codes.
Some factors that explain the role of case law are the “rule of
precedent”, the Appellate process, and the stare devises.
37. Discuss “FILAC” in terms of briefing a case.
F Facts: the basic building blocks of the case. The facts provide
the context in which the legal issue is to be resolved.
I Issue: the issue is the question that caused the lawyers/clients
to enter the legal system. It’s the reason they are in court.
L Law: in reaching a decision the court must apply the law. The
judges cannot offer just any reasoning; they must look back at
previous decisions.
A Analyze: the application of the facts to the law in deciding
the case including rationale decision, review of cases, past
cases.
C Conclusion: who won the case- (only)
38. Discuss the differences between the civil and criminal
cases. Note: discuss at least four differences.
The differences between civil and criminal cases are as follows.
Civil Cases are individual on individuals and are on equal
footing. They are based on a preponderance of evidence.
Meaning how is more believable. So no need for an unanimous
verdict and the 4th,5th,6thand 8th amendment do not apply.
There is no right to a trial by jury and no intent is required here.
Criminal cases do not take place on equal footing and you must

prove beyond a reasonable doubt the person is guilty. Specific
and general Intent and mental state is required and you must
prove that the person is not insane. The above amendments do
apply and there is a right to a trial by jury. And finally a
unanimous verdict is required.
Kevin Gomez
39. Compare and contrast linear legal reason, deductive legal
reasoning and reasoning by analogy.
#39. Legal reasoning mainly involves our critical thinking
skills, which are used to gather several sources of information
and persuade either a person or group of people to believe our
ideas and/or position. Legal reasoning contains several different
steps including its first which is to "select a topic" to the last
which is to "present the information in a professional matter".
Deductive reasoning is when conclusions are based off of other
statements which are said to be true without really knowing
whether they are or not. Reasoning by analogy is when courts
use related laws and cases to come up with a conclusion.
Meaning the outcome of one case, can lead to the outcome of
another case.
40. What is “Jurisprudence”? Discuss the various theories of
“jurisprudence”.
#40. Jurisprudence is the study and process of how to
evaluate law. There are several theories of jurisprudence. #1.
Law & Morality: law that reflects our norms, values, and
attitude #2. Legal Realism: who enforces law and what it is #3.
Legal Positivism: what the sovereign says law is #4. Natural
Law: unjust law #5. Sociological Law: law to prevent violence
from competing groups 6. Economic Realism: law compatible
with business needs 7. Legal Criticism: created to maintain
current distribution of powers 8. Philosophical Law: to create
ideal society

41. What is public law? List and discuss the various types of
public law. CCCARE
#41. Public law are rights and obligations the government
use to deal with people. For example the CCCARE fall under
this category. Constitutional law is law based on the U.S.
Constitution. Criminal law are laws that define actions that
constitute crimes. Criminal procedure is a step by step process
in reaching a decision. Administrative law are laws created by
agencies that set up rules and regulations. Regulatory law are
created by administrative agencies. Entitlement law are laws
that give the individual a right to receive a value or benefit
provided by the government.
42. Briefly discuss the Amendments of the Bill of Rights.
#42. The US Constitution has twenty-seven amendments
and the first ten of those are the "Bill of Rights" which regulate
relations between government and individuals. 1st amendment
states people have freedom of speech, religion, press, etc. 2nd
amendment- right for people to bear arms. 3rd-protection from
quartering troops. 4th-protection from unreasonable search and
seizure. 5th-due process, double jeopardy, private property. 6t-
trial by jury. 7th-civil trial by jury. 8th-prohibition of excessive
bail and cruel punishment. 9th-protection of rights not
enumerated in the Bill of Rights. 10th-power of states and
people.
43. Discuss at least four rights one acquires in various
relationships protected by Substantive Law.
#43. Substantive law consist of all laws that are involved
to create legal rights and obligations. Those rights for example
are contracts, constitutional rights, property, and family.
Contracts as simple a repairment which guarantees you
somebody's honorable work and if an issue arises, it can lead to
court. Constitutional rights such as keeping the government
from interrupting with people's life, liberty, and property.
Property which belongs to an individual or company is under

their possession and can't be taken away for no specific reason.
Substantive laws keep our family safe because they define and
regulate all sources of law which include crime.
44. Discuss the four types of procedural law.
#44. Procedural law is the process for settling disputes and
enforcing those rights established by substantive law. There are
four different types which is evidence, criminal procedure,
administrative law and civil procedure. Evidence includes any
writings, statements, object, testimonies used in court of law to
prove that matter. Criminal procedure is concerned with the
wrongs committed to the public. Need of a local, state, or
federal government against that person or persons.
Administrative law are the laws created by agencies to form
rules and regulations. Civil procedure is process of disputing a
wrong against individuals, that violate another's rights. These
cases usually include one person suing another.
45. Discuss the appropriate laws applicable to top management.
#45. Appropriate laws applicable to top management are
patents, copyrights, and trademarks. Patents are the grants
governments give to an inventor which is the privilege to make,
use, or sell his or her invention. Copyright is the exclusive right
of authors to publish, print, or sell some sort of production.
Trademarks are distinctive marks, slogans, motto, device, etc
that a manufacturer produces and identified as their makings.
46. What is “civil procedure”? Discuss the process from
Pleadings to Appeal.
#46. Civil procedure is the step by step process the court
must go through in reaching a decision in a civil matter. To
appeal a case an individual first has to deal and go through the
State Court of Original Jurisdiction, than deal with State Courts
of Appeal, after they must go through the Supreme Court, which
leads to dealing with the US Courts of Appeal, and finally last
step is the US Supreme Court.

47. What is a “legal system”? Discuss the common
characteristics of a legal system.
Legal systems are institutions within government designed to
apply the law was enacted by the other branches of government
and maintain peaceful resolution of disputes. Common
characteristics are peaceful resolution of conflict in society,
promote the ethical and moral standards of society,
Establishment of a formal process in which the law is applied in
resolving disputes and Predictability in resolving dispute when
the law is applied.
Alfonso Cano
48. Briefly discuss the elements of traditional legal reasoning.
Note:F (I)LRCSP
The elements of legal reasoning are finding facts of the case.
Then introduction to the case and finding the laws that are
relevant. As well rationale, case analysis , social impact, and
personal opinion are elements to legal reasoning.
49. Discuss at least three pre-trial written motions to avoid
trial.
-“Motion to Dismiss” is when either party is asking the
court to dismiss the case for the specified reasons, such as
improper service, lack of personal jurisdiction, or the plaintiffs
failure to state a claim of which relief can be granted. “Motion
for Judgment” is when the court is asked to decide the issue
solely on the pleadings without proceeding to trial. This is
asked in the closing of the pleading. “Motion for Summary
Judgment” is when the court is asked to grant a judgment in that
party’s favor without trial. The motion can be made before or
during the trial. The court will only grant if no facts are in
dispute and only the question is how the law applies to the
facts. Judgment can be supported by evidence outside of the
pleading.

50. Discuss civil procedure from pretrial motions to Appeal
-Pretrial motions is when the court is requested, by a
motion, to decide the case prior to trial based on information
contained in the pleading. Next part of the procedure is
“discovery”. This process is when information is obtained from
the opposing party or from witnesses prior to trial. Next process
is “Pretrial Conference” which is when the attorney may meet
with the trial judge to either explore the possibility or a
settlement or to identify the matters in dispute and to plan the
course of the trial. Following are “The Right to a Jury Trial”
and “Jury Selection” which are when a party decide to ask for a
jury or decide to waive their right to a jury. If they do decide to
have one then will select a panel of judges. Next is the trial
which contains opening statements, examination of witnesses,
potential motions, closing arguments, jury instructions, and the
verdict. Post trial motions is when motions are requested to ask
for a new trial for problems within the case. Final process is the
appeal which is when either party may appeal not only the jury's
verdict but also the judges ruling on any pretrial or post trial
motion.
51. Discuss the provisions of Section I of the 14th Amendment.
· Section I of the 14th Amendment provides that no states shall
deprive any person of life, liberty, or property without due
process if they are a citizen of the United States; nor deny any
person within its jurisdiction the equal protection of the laws.
This applies to both the federal government and state
government.
52. Discuss at least five reasons why relevant, reliable and un-
bias evidence is made inadmissible.
1. Exclusionary Rules: violations of constitutions cannot be
used.
2. Judicial Discretion: judges can decide to deny any evidence
that may buy the jury, impress jury, fright the jury, or confuse
the jury.

3. Spousal Privilege: Information shared between spouses may
not be used in order to encourage spousal harmony or to prevent
them spouses from having to condemn, or be condemned by
their own.
4. Doctor-Client Privilege: Protects medical information and
communications between a patient and his or her doctor from
being used against the patient in court.
5. Attorney-Client Privilege: Any communication between a
client and his or her attorney becomes confidential and cannot
be used against them in court.
53. What is a “remedy”. Discuss the differences between
remedies at law and remedies in equity.
- Remedy is the relief given to an innocent party to enforce
a right or compensate for the violation of a right. Remedy at law
is when a dispute is settled by compensating the plaintiff with
either land, items of value, or money. Remedy in equity is when
monetary compensation is not adequate. Therefore they are
compensated by remedies of specific performances, an
injunction, or rescission. The difference comes to the form of
compensation. If it is compensated by monetary value then it is
“remedy at law” and if it is compensated by the act of a specific
performance, injunction, or rescission then it is “remedy in
equity”.
54. Discuss the differences between law, ethics and morality.
-Law is determined by the courts and are influenced by
society in order to control behaviors within it. Ethics is an
individual standard that are right or wrong conduct.
Furthermore it is moral principles and values applied to social
behavior. Morality is the social standard defining good or bad
social conduct. In a court law is enforced but morality and
ethics is not. Therefore morality is the social standard of good
or bad social conduct while ethics is an individual’s standard of
what is right and wrong. Law is then the government’s
standards of how society should behave.

55. What is “voting/enfranchisement”? Discuss the various
amendments associated with “voting/enfranchisement”.
-Enfranchisement is the right for any US citizen to vote without
being denied by any state government. Amendment 15 prevents
a citizens vote to be denied due to race, color, or previous
condition of servitude. Amendment 19 prevents this from
happening as well due on account of sex. Amendment 26 also
prevents a vote from being denied if a citizen is 18 years or
over.
56.) Civil liberties are personal guarantees and our individual
rights and freedoms that the government cannot infringe upon
and are protected by law. The amendment associated with this is
the first amendment. For example freedom of religion, speech
and press.
Yousef
57. Compare and contrast legal positivism, natural law,
historical legal theory and legal realism.
Comparison
They are both theories of jurisprudence
Contrast
Legal positivism is a school of thought of positivism whereby
the positivists believe that the law offers reasonable guidance to
its subjects and the judges at the trial courts, natural law is
whereby the legislature is limited to the power of legislative
rulers, historical legal theory is marked by judges who consider
history, traditions and customs when making a decision in court
and finally legal realism argues that law has the power it has
due to what the judges and executives do with it.
58. Discuss the appropriate laws applicable to supply chain
management.
· The suppliers should comply with all the laws of the
country in which they are doing the business. They should

respect the code of ethics set so as to work according to the law.
· The suppliers should ensure that they employ adults to
avoid child labor. Adults should have completed their education
to the required level to be able to work for the suppliers.
· All the workers should be treated fairly with respect and
dignity. The employers should not in any case expose the
workers to danger or physical torture.
59. Discuss the appropriate laws applicable to accounting and
finance.
· The company should ensure that they have accurate
accounts, records and disclosures as required by the law
· The company should ensure proper authorization and
approval of transactions since this is an essential part of the
business
60. Discuss constitutional development from the printing press
to Thomas Jefferson.
The printing press and Markzware FlightCheck are the
preflight solution for preflighting to check documents for
potential printing errors during pre-press.
61. Discuss the ranking of law in the United States.
The ranking of law firms in the United States depends on
chambers in the USA and areas of law. Law firms that have a
national presence are also ranked in Nationwide tables and
every states a leading firm is ranked according to the areas of
law; corporate, labor and employment, litigation and real
estates. The ranking at state level are based upon the location in
which a firm or lawyer practices.
62. In terms of "critical thinking", what is "professionalism"?
Discuss the elements of professionalism, for example
"eliminating glaring errors"? Remember there are four.
Professionalism is the competence of the workers at work.
Elements of professionalism

· Work ethics includes time management and how one
treasure his/her job. Most companies chose to provide a
standard list of ethics that guides the company.
· When working in a certain company you are like an
ambassador of that company hence you are supposed to present
yourself well since the way you represent yourself reflects upon
the company you represent.
· The professionals are supposed to be kind, polite and
understanding. Maintaining a positive attitude towards work and
your fellow colleagues is expected no matter how hard or
irritating the work is.
· Confidentiality will help a professional to be able to
convince the clients and it makes it possible for the client to
trust you with their information.
63. Discuss the elements of critical thinking, for example
"relevancy".
· There is a purpose behind all reasoning
· There are assumptions behind all reasoning.
· Every other reasoning is done from a certain point of
view.
· All reasoning is based on some kind of data, evidence
and information.
64. List the districts of the "Federal Appellate Districts".
· District of Columbia
· American Samoa
65. What is the "civil code system"? What are the variations of
the "civil code system". For example the "Spanish Civil Code
System
The civil code system is a systematic collection of laws that are
made up in a way that they deal with the major areas of private
law
· In civil code system courts lack much freedom to
interpret laws.
· Judges are supposed to follow what the codes of the
country say to do in any case

65.) Civil Code System is a legal system originating in Europe
within the framework of late Roman Law. Its primary feature is
that its core principles are codified into a referable system
which serves as the primary source of law. It’s been traced back
to Hammurabi of Babylon. Some Variations are the German
code system. Which never used prior cases and had case before
a judge. It spread by European Colonialism. Next was the
Spanish Civil Code System, Which was tied to the Catholic
Church for many years. And finally the Confucious Civil Code
System which Stated you did not need court systems and to
cooperate with others to maintain society.
Ahmed Tariq
66. What is the "Bifurcated Legal System"? Discuss the
various forms of the bifurcated legal system. For example, the
"Sub-Saharan African Legal System".
Ans:-Incorporates two source laws in one legal system; local
law and tradition
67. Discuss the various tests used by the courts to determine if
the actions of government is in violation of the US Constitution.
Ans:-Strict scrutiny is perhaps the most rigorous standard of
legal review/test utilized by courts in the US and forms part of
the power structure of standards which courts employ to weigh
government's involvement on a constitutional principle or right
-Intermediate scrutiny in which a law must meet an important
government interest
-Rational basis test requires that the law be rationally related to
that interest.
68. Discuss the various forms of "state action". PAAE
Ans:State action doctrine comes from the US legal concept that
constitution protections such as the First and the Fourteenth
Amendments only become applicable with any actual
strength to the persuasive state power against an individual, as

opposed to the persuasive of a person against the person. State
action includes:
a. Blatant state action e.g. by local,gov actor, agency, etc
b. Enforcing by law of private decisions
c. Private parties performing conventional government functions
d. Private parties adequately embroiled with the government via
funding or regulation
69. Discuss the various forms of "obligations owed by
individuals in the workplace". LPO
Ans:-These can be better clarified in the context of contract of
employment, however the law also states that there are some
duties and obligations owed by a worker to his employee, even
when the contract is silent on them. These comprises of:
1. To act in a reasonable way just like what a good employee
should do in any situation.
2. being honest always.
3. Not to interrupt business, for instance participating in a
boycott / industrial action.
4. Disclose a crime does not incorporate spent convictions,
however the worker must divulge a crime by other workers,
regardless if incriminates them.
5. Perform and follow employer orders -legal ones only.
6. Not to reveal the employer's private information.
7. Work with skill and reasonable care.
8. Taking care of the employer's /premises/property/belongings
if using it.
9. Not to indulge in a competing business against the employer
whilst still working for him as an employee.
10. Refraining from taking bribes.
11. Accept changes along with new changes implemented by the
employer e.g. introduction of new computers which help
employees in their work
12. Give any inventions/innovations to employers if these are
created by the worker in the course of his employment.

70. List and explain laws applicable to "Finance and
Accounting".
Ans: Credit Laws, Banking Laws, Bankruptcy, Contract Laws,
Securities Laws, Regulatory Laws, Sarbanes Oxley Law.
71. Briefly discuss the functional areas of business.
Ans: There are many tasks every business needs to do if it is
going to succeed. Each of these tasks is described as being a
function of a business. The following is a brief introduction to
each of these functions:
Human Resources - ensures the business has the best staff for
the job and that they are able to work effectively in a safe
environment;
Finance - will keep a record of all money coming in and going
out of the business. They have responsibility for securing
finances for future expansion and paying staff and suppliers.
Administration and ICT support - ensure the smooth running of
the business on a day-to-day basis. They have responsibility for
clerical duties, cleaning, computer and software support,
security and health and safety;
Operations - have the task of producing the goods or service in
the most efficient way. This is done by making best use of the
business's staff, machinery, building and raw materials;
marketing and sales - will try and maximize the level of sales
by carrying out market research and promoting the goods or
service through a motivated sales team;
Customer Service - will help the customer before and after a
sale has been made by providing information, giving advice,
providing credit facilities, delivering goods and providing after-
sales support;
research and development - will help the business remain
competitive by developing new goods and services and updating
the existing ones; Use of ICT - ICT will be used in each of
these functional
72. What is “stare decisis”? Briefly explain the role of cases in

the “common law legal system” in terms of interpretation,
diversity, court decisions preceding laws and reason by analogy.
Ans:Stare decisis is a legal principle by which judges are
obliged to respect the precedent established by prior decisions.
73. Discuss the appellate process from superior court to the
United States Supreme Court.
74. List the 13 federal appellate districts in the United States
and the location of each court.
The 13 federal appellate districts in the U.S are District of
Columbia, Washington. First circuit Boston, Second Circuit
New York, Third Circuit Philadelphia, Fourth Circuit
Richmond, Fifth Circuit New Orleans, Sixth CircuitCincinnati,
Seventh Circuit Chicago, Eight Circuit St. Louis, Ninth Circuit
San Francisco, Tenth Circuit Denver, Eleventh Circuit Atlanta,
Federal Circuit All of the above places
Auburey Addison

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