Business Law module 2

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Bryant & Stratton College *

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213

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Law

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Feb 20, 2024

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docx

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Ch. 1, question 8. A precedent is a decision made by a court that stands as law for future issues brought to the courts for the same or similar issue. A court can disregard a precedent if a party can show that the previous decision was incorrect, the court can then overrule the decision. Ch. 2, question 5. Carolyn, Elwood, and Isabella are involved in a real estate development. The development is a failure, and Carolyn, Elwood, and Isabella want to have their rights determined. They could bring a lawsuit, but they are afraid the case is so complicated that a judge and jury not familiar with the problems of real estate development would not reach a proper result. What can they do? Carolyn, Elwood and Isabella have the option to reference to a third person. A reference to a third party is when a third person or a committee can make the determination of the rights of Carolyn, Elwood, and Isabella. This is a nongovernmental alternative dispute resolution that can be handled out of court. Ch. 2, question 12. During Jury selection the attorneys question each juror to determine if they might have biases or have already formed an opinion on the case. If I were the prosecuting attorney in this case I would ask the potential jurors, including Peter Guber if they have any ties to Ms. Ryder. Including both personal and work related. The options for excluding him from selection are challenge for cause or a peremptory challenge. Ch. 3, question 12. It was unethical for Mr. Vise to buy the books from Barnes and Noble with the intent of reselling them, and then to attempt to get his money back from the return of 17,500 books. Barnes and Noble is a bookstore to sell books, including Mr. Vise’s book, to customers to read. Depending on Barnes and Nobles return policy it may have been within his right to return the books. Barnes and Noble’s policy could state for no returns on sale items, which the books were discounted, or no returns on orders over a certain amount. He could remedy the situation by working with Barnes and Noble on a solution, such as selling his signed copies in store, or pay an agreed price to compensate for the losses of Barnes and Noble. Barnes and Noble have their own rights as well. They may have written in their sales that purchases cannot be individually sold, they could deny Mr. Vise’s return. And pursue legal remedies against Mr. Vise to collect damages.
Ch. 4 question 5. Yes, they were correct in contending that they had been denied due process of law, because there was a procedure in place for informal complaints that the Crafts could have utilized but where not made aware of. The gas company was going to turn of the Crafts gas without them having the opportunity of being heard and resolving the issue. Ch. 4 question 9. Yes, he would be entitled to a hearing, Ellis is entitled to hear the claims against him and the supporting facts as well as an opportunity to make a case for himself and be heard. Ch. 4 question 12 The U.S Supreme Court should hold that the law would violate the First Amendment right in prohibiting the sale or rental of “violent video games” in their entirety. Video games are considered a form of communication, therefore protected by the first amendment. By fully prohibiting, not restricting or limiting, the sale of certain video games would be in violation of the First Amendment. Ch. 5, question 2. The exclusive lease of Starbucks and landlords to not lease spaces to other coffee shops in the same building Starbucks violates antitrust laws. By prohibiting the landlord to lease to competitors Starbucks and the landlord are limiting trade and competitiveness. Ch. 5, question 4. The salary caps are illegal under federal antitrust laws as they restrict trade and cost within the sports industry.
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