1. Your company has been sued for product liability and has a case going to trial next week. In researching some of the applicable cases, you have found some favorable language that interprets the applicable statute. Your supervisor has asked you to write a summary of the circumstances under which the judge should rely on existing case law to determine the intent and purpose of a statute.
How do case law and statutory law interact in the American legal process? Does one trump the other or take priority? When there is a statute and case law that apply, does the court have any discretion in how to apply the law to your case?
2. The state of Delmarva is making an effort to become greener and conserve more energy to set an example for its corporations from a corporate social responsibility standpoint. The state would therefore like to ban the power utilities from using any advertising if conservation could be accomplished by less restrictive means.
Is Delmarva within its rights as a state to pass this legislation in the interest of energy conservation? Why or why not? What type of speech is the state trying to limit? What, if any, protections are available for the utility companies?
3. Create a brief scenario and walk it through the litigation process, beginning with how to select the proper jurisdiction of a court, and progressing through the basic steps leading to a resolution of the dispute through appeal.
4.Sandy mails a letter back to Andrea that she has signed; the letter makes reference to a car Andrea has for sale and Andrea’s desired price. When Andrea later delivers the car to Sandy, Sandy returns the car, claiming she does not want the car and that they did not have a contract, so she is not bound to keep the car. Andrea, however, claims they do have a contract and wants to enforce said contract for the price of the car. What standard would the court use to determine whether there is a contract between the parties for the sale of the car?
5. What is the Uniform Commercial Code (UCC)? What transactions are covered by the UCC? Provide two original examples of transactions that would be covered by the UCC in a business context
6. Explain the function and purpose of an administrative agency. At what level of government do we find agencies, and how and by whom or what are they empowered to do what they do?
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