What Is Law? Consider Burma (named Myanmar by its military rulers). What political rights do you have that the average Burmese citizen does not? Post your response.
Read Chapter 3 – Courts and the Legal Process
As we go through this chapter, consider the case of Harry and Kay Robinson. In which court should the Robinsons file their action? Can the Oklahoma court hear the case and make a judgment that will be enforceable against all of the defendants? Which law will the court use to come to a decision? Will it use New York law, Oklahoma law, federal law, or German law?
What is the definition of res judicata? What if there was not a doctrine of res judicata? What would the legal system be like? Post your response.
Background: In the United States, law and government are interdependent. The Constitution establishes the basic framework of government and imposes certain limitations on the powers of government. In turn, the various branches of government are intimately involved in making, enforcing, and interpreting the law. Today, much of the law comes from Congress and the state legislatures. But it is in the courts that legislation is interpreted and prior case law is interpreted and applied.
Chapter 4 – Constitutional Law and Commerce
Basic Aspects of the US Constitution – Suppose the Supreme Court declares that Congress and the president cannot authorize the indefinite detention of terrorist suspects without a trial of some sort, whether military or civilian. Suppose also that the people of the United States favor such indefinite detention and that Congress wants to pass a law rebuking the court’s decision. What kind of law would have to be passed, by what institutions, and by what voting percentages? Post your response.
Chapter 5
After reading the chapter, please complete the discussion assignment below.
Discussion Assignment (Prompt):
Administrative Agencies: Their Structure and Powers – Explain why Congress needs to delegate rule-making authority to a specialized agency. What would happen if this did not occur? Post your response.
After reading chapter 33, please complete the discussion assignment below.
Discussion Assignment (Prompt):
Introduction to International Law – Using news sources, find at least one nation in the world where other nations are officially commenting on or objecting to what goes on within that nation’s borders. Are such objections or comments amounting to an infringement of the other nation’s sovereignty? Post your response.
The General Nature of Personal Property – Harriet finds a wallet in the college library, among the stacks of books. The wallet has $140 in it, but no credit cards or identification. The library has a lost and found at the circulation desk, and the people at the circulation desk are honest and reliable. The wallet itself is unique enough to be identified by its owner. (a) Who owns the wallet and its contents? (b) As a matter of ethics, should Harriet keep the money if the wallet is “legally” hers? Post your response.
Brokers, Contracts, Proof of Title, and Closing – Kitty Korniotis is a licensed real estate broker. Barney Woodard and his wife, Carol, sign an exclusive agency listing with Kitty to sell their house on Woodvale Avenue. At a social gathering, Carol mentions to a friend, Helen Nearing, that the house on Woodvale is for sale. The next day, Helen drives by the property and calls the number on Kitty’s sign. Helen and Scott Nearing sign a contract to buy the house from the Woodards. Is Kitty entitled to the commission? Post your response.
Types and Creation of Leasehold Estates: What is the difference between a periodic tenancy and a tenancy at will? What are the essential terms that must be in a written lease? Post your response.
Powers of a Corporation – What is an ultra vires act? Research on the internet – the case: Cross v. The Midtown Club – and explain how this case affects your understanding of the ultra vires doctrine. Post your response.
The Federal Trade Commission: Powers and Law Governing Deceptive Acts
Go to the FTC website and look at its most recent annual report. Find a description of a loan modification scam. Ask yourself whether leaving it up to individual consumers to sue the scammers, using common law, would create greater good for society. Post your response.
Uses, History, and Creation of Mortgages – What role did the right of redemption play in courts of equity changing the substance of a mortgage from an actual transfer of title to the mortgagee to a mere lien on the property? Post your response.
Estates – Identify the types of estates being discussed in the following situations:
a. Lady Gaga grants her five-thousand-acre ranch “to my screen idol, Tilda Swinton.”
b. Mr. Warbucks conveys a tract of land “to Miss Florence Nightingale, for the purpose of operating her hospital and for no other purpose. Conveyance to be good as long as hospital remains on the property.”
Post your response.
Priorities – What is the general rule regarding priorities for the right to repossess goods encumbered by a security interest when there are competing creditors clamoring for that right? Does this make sense to you? Post your response.
Entering Into A Credit Transaction – Describe what the Fair Credit Reporting Act is and what its impact is for the consumer in general? Post your response.
Antitrust Laws in the United States – Consider whether the US government should break up the biggest US banks. Why or why not? If the United States does so, and other nations have very large government banks, or have very large private banks, can US banks remain competitive? Post your response.
The corporate veil: The Corporation as a Legal Entity – Do you think that corporations should have rights similar to those of natural persons? Should any of these rights be curtailed? Post your response.
Limited Partnerships – 1. Why does the fact that the limited liability company provides limited liability for some of its members mean that a state certificate must be filed? 2. What liability has the general partner? The limited partner? Post your response.
Contract Formation – What are the required elements of a contract? Why do you suppose these elements are required? Post your response.
What Is Ethics? Think of a person who did something morally wrong, at least to your way of thinking. What was it? Explain to a classmate—why you think it was wrong. What is the basic principle that forms the basis for your judgment that it was wrong? Post your response.
principal’s Contract Liability – Could express authority be established by silence on the part of the principal? Why is the concept of implied authority very important in business situations? Post your response.
Duties between Agent and Principal – Judge Learned Hand, a famous early-twentieth-century jurist (1872–1961), said, “The fiduciary duty is not the ordinary morals of the marketplace.”
Question: How does the fiduciary duty differ from “the ordinary morals of the marketplace”? Why does the law impose a fiduciary duty on the agent? Post your response.
Partnership Responsibility and Liability – What is the “fiduciary duty,” and why is it imposed on some partners’ actions with the partnership? What is the partnership’s liability for contracts entered into by its partners? Post your response.
Introduction to Partnerships – Why or why aren’t Partnerships an important part of the development of small business in the United States? Post your response.
Warranties – 1. What are the two main types of warranties and the important subtypes? Are warranties a necessary device in our modern society? Post your response.
Brief History of Labor Legislation – Use the Internet to find out which countries in the world have legal systems that support collective bargaining. What do these countries have in common with the United States? Does the People’s Republic of China support collective bargaining? Post your response.
Federal Employment Discrimination Laws – Go to the EEOC website. Describe the process by which an employee or ex-employee who wants to make a Title VII claim obtains a right-to-sue letter from the EEOC. Again, looking at the EEOC website, find the statistical analysis of Title VII claims brought to the EEOC. What kind of discrimination is most frequent? According to the EEOC website, what is “retaliation”? How frequent are retaliation claims relative to other kinds of claims? Post your response.
Purpose of Tort Laws – Why are costs imposed on others without their consent problematic for a market economy? What if the law did not try to reimpose the victim’s costs onto the tortfeasor? What would a totally nonlitigious society be like? Post your response.
Why is ignorance of the law no excuse? Why shouldn’t it be an excuse, when criminal laws can be complicated and sometimes ambiguous? Post your response.
