Is a states law of contract classified as civil or criminal

Assignment Help Business Law and Ethics

Reference no: EM13775163

Exercise1: Is a state's law of contract classified as civil or criminal, substantive or procedural, public or private? Indicate what classification is appropriate and, in each case, justify the choice you made.

Exercise2: Every lawsuit that is filed represents a dispute between the plaintiff and the defendant. In a case that involves a factual dispute, the trier of fact has the sole responsibility of deciding which facts are true. In a jury trial, it is the function of the jury to determine the facts. However, in a court trial, it is the duty of the judge to determine the facts. However, not every dispute is factual in nature. Some are legal disputes only. When the dispute is strictly legal in nature, there exists no factual dispute. In other words, the defendant agrees with the facts as alleged by the plaintiff in the complaint. Give an example of a case involving no factual dispute.

Exercise3: A complaint merely alleges what the plaintiff is contending occurred (factually) between the parties. In the answer to thecomplaint, the defendant usually denies the plaintiff's allegations, but says no more. In some cases, however, the defendant will allege facts that controvert those alleged by the plaintiff. Discovery is the process that occurs between the time the answer is filed and the case is actually tried (if it reaches trial). During the discovery phase, the parties resort to the use of interrogatories, depositions, admission requests and document requests. Briefly identify these different items and explain what is the purpose of discovery.

Exercise4: Discuss a situation where state law is preempted by federal regulation.

Exercise5: Under what two conditions is a governmental taking of property unconstitutional? Should both of these conditions be satisfied in order for a taking to offend the Constitution, or is only one condition necessary?

Exercise6: What are the pros and cons of Alternative Dispute Resolution? Which would you prefer to resolve your own disputes: ADR or trial?

Exercise7: A state passes a minimum wage law. Fred Whitby, President of Unisys Corporation, is certain that it is unconstitutional. For example, Fred argues that the Constitution's Contract Clause plainly renders the law unconstitutional. Is Fred right? Why or why not?

Reference no: EM13775163

Questions Cloud

Health information systems'' implementation : Explain what the literature suggests. Include any applicable statistical and/or descriptive data.

Critical discussion relative to the organizational tasks : Read "Police Administration". Prepare a 5-7 page critical discussion relative to the organizational tasks and policies central to running a criminal justice agency, distinguishing among the roles of an executive, manager, and supervisor

Minimum number of glass moves make the glasses alternate : There are 4n glasses standing next to each other in a row, the first n of them filled with green tea, the second n of them filled with oolong tea, the third n of them filled with boba tea, and the remaining n glasses are empty.

Compare and contrast the policing function at the local : Write a 1,400- to 1,750-word paper in which you identify, compare, and contrast the policing function at the local, state, and federal organizational levels

Is a states law of contract classified as civil or criminal : Is a state's law of contract classified as civil or criminal, substantive or procedural, public or private? Indicate what classification is appropriate and, in each case, justify the choice you made

Goals for continuous quality improvement (cqi) : What role would you play? Explain your leadership role in the proposed project.

What is a speculative premium : The strike price of a contract specifies the price at which the securityarrow-10x10.pngarrow-10x10.png covered by an option may be bought or sold. A stock is selling for $42.50 with an option available at a $40 strike price. The 40 call option is pri..

Development of a program valuing health : As a teacher, you have the opportunity to share the knowledge you have gained in this course with your colleagues to support a collaborative approach to shared health, nutrition, and safety goals. For your Final Project, you will create a presenta..

Summarizing the case detailing the key juvenile legal issues : Write a 2-3 page paper (300-400 words) summarizing the case detailing the key juvenile legal issues involved, with particular attention to the admissibility of the confession

User Account

All Pages