Question 1

The Family Leave Act was passed by Congress in 1993. The Act requires certain employers (those of a certain size) to give 12 weeks of leave to their employees for the birth or adoption of a child or the care of an ill spouse, parent, or child. Answer the following questions:
a. In which set of statutes will this new law be found?
b. Is the statute a civil or criminal law?
c. Is the statute an example of legislating natural law?

Accepted Answer

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Question 2

Give a sample citation for each of the following statutes/regulations:
a. United States Code
b. Code of Federal Regulations

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Question 3

Draw the pyramid of laws and label each level of the pyramid with the appropriate source of law.

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Question 4

When is precedent not followed?

Accepted Answer

Precedent may not be followed in any of the given circumstances or in other exceptional cases where the court finds it appropriate to depart from the established legal principle. The court may also overrule a precedent if it finds that the decision was wrongly decided or if it is no longer workable due to changed social conditions or evolving legal standards.

Question 5

A court of chancery:

Accepted Answer

A court of chancery is a type of court that provides equitable remedies, such as injunctions and specific performance, for cases where legal remedies are not sufficient. While these courts used to exist in the United States, they have largely been replaced by modern courts that combine both legal and equitable remedies.

Question 6

Ralph Waters is a developer who is interested in developing a planned adult mobile home community in Mesa, Arizona. Ralph will need to incorporate and then learn the procedures necessary to begin the development. What levels of law will affect Ralph? What types of laws will apply to him?

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Question 7

Anna Elleson has just opened her plumbing business in a small industrial park located within the boundaries of the city of Tempe, Arizona. Upon opening her plumbing business, Anna receives a notice from the landlord that her largest pieces of equipment (backhoes) may not be parked in the parking lot of the industrial park overnight. Anna asks why and the landlord explains that there is a restriction in her lease. The restriction against parking equipment in the complex is:

Accepted Answer

The restriction against parking equipment in the complex is enforceable as a private law because it is a term agreed upon in the lease between Anna and the landlord. Lease agreements often include specific terms and conditions that tenants must follow, and these are legally binding as long as they do not violate public law.

Question 8

Discuss the differences between public and private law.

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Question 9

Anna feels, after negotiating her first few plumbing contracts, that there is a pricing conspiracy involving other plumbing contractors that keeps her from really breaking into the market. Her business is located in Tempe, Arizona. Where would Anna find the law on anticompetitive behavior?

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Question 10

In confirmation hearings of nominated judges and justices, what role may stare decisis play in the questioning of the nominee?

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Question 11

Name three types of business arrangements governed, at least in part, by private law.

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Question 12

During 2003, the White House asked its legal counsel for an interpretation of what constitutes torture of prisoners of war and who is considered a prisoner of war. What sources of law will the legal counsel need to consult?

Accepted Answer

The legal counsel will need to consult both federal statutes and international treaties in order to determine what constitutes torture of prisoners of war and who is considered a prisoner of war. Federal statutes will provide guidance on US domestic law, while international treaties will provide guidance on international law and standards.

Question 13

Give an example of the type of law found at each level of government noted:
a. U.S. Constitution
b. congressional enactments
c. state legislation
d. federal administrative regulations
U.S. Constitution: Bill of rights protections like First Amendment; structure of

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Question 14

When the music companies filed suit against the peer-to-peer file sharers on copyrighted music, they wanted legal and equitable remedies. Which of the following is an equitable remedy?

Accepted Answer

An injunction is an equitable remedy that seeks to prevent or prohibit a defendant from committing a future harm. In this case, the music companies wanted to stop the facilitating software provider from allowing people to download copyrighted music. Money damages and civil penalties are legal remedies that seek to compensate the plaintiffs for their losses and punish the defendants for their misconduct.

Question 15

The CISG:

Accepted Answer

The CISG (Convention on Contracts for the International Sale of Goods) is an example of uniform international laws. It is a treaty ratified by multiple countries that provides governing laws for international sales contracts. It is not a war convention, and while it is not specifically related to the European Union, many EU countries have ratified it.

Question 16

Frank Zelco is a manufacturer's rep who represents the product lines of several manufacturers. Frank has worked with his brother, Dion, in their two person firm for almost five years. They have no written contract, but they split the profits. Frank would like to create a business organization and put their arrangement in a written contract. Which sources of law will Frank need to help him do this?

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Question 17

Which of the following is an example of law not enacted by an elected body?

Accepted Answer

Administrative regulations are a type of law created by government agencies or departments, which are not elected bodies, but rather appointed by elected officials. Municipal laws are enacted by local elected bodies, state codes are enacted by state elected bodies, and the United States Code is a compilation of federal laws enacted by the elected bodies of Congress.

Question 18

Jane Dixon is going to create a limited liability company for operating her business that does billing for physicians and medical laboratories. Jane is unsure whether her state allows for the creation of limited liability companies. Advise Jane on the best place to look for finding whether she can create a limited liability company in her state:

Accepted Answer

State statutes regulate the formation and operation of limited liability companies. Therefore, Jane should look for the relevant statutes in her state to determine whether the creation of an LLC is allowed.

Question 19

Wexler Corporation has established a new policy on employee e-mails. The policy reads: "All e-mail sent using the company server is the property of the company and is not private. Supervisors and managers shall have the right to review such e-mails. Inasmuch as the company is liable for e-mail content, it reserves the right to review it." The policy:

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Question 20

Anna would like to incorporate her plumbing business, which is located in Tempe, Arizona. Where can she find out the requirements for incorporation?

Accepted Answer

The Arizona Revised Statutes will provide information on the requirements for incorporation in Arizona. City ordinances and rental agreements may not have the specific information that Anna needs.

Quiz 1: Introduction to Law

Give a sample citation for each of the following statutes/regulations: a. United States Code b. Code of Federal Regulations