Business Law With UCC Applications 14th Edition Sukys Solutions Manual

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  Ch02_Sukys_14e_IM.pdfSample_Answers_to_Text_Problems.pdfSukys_bus_law_14e_Ch_02.pdf  Chapter 02 - Sources of the Law Copyright © 2017 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. Chapter 2 Sources of the Law I. Key Terms Administrative law (p. 47) Federal Register (p. 48) Articles of Confederation (p. 35) Judicial review (p. 47) Binding precedent (p. 46) Law (p. 31) Code (p. 42) Persuasive precedent (p. 48) Code of Federal Regulations Precedent (p. 46) (CFR) (p. 48) Preemption (p. 41) Common law (p. 45) Statutes (p. 42) Constitution (p. 35) Statutory interpretation (p. 46) Constitutional law (p. 35) Titles (p. 42) Cyber-commerce (p. 44) Uniform Commercial Code Devolution (p. 41) (UCC) (p. 43) II. Learning Objectives 1.   List the objectives of the law. 2.   Clarify the duality of the law. 3.   Outline the content of the U.S. Constitution. 4.   Explain several central constitutional principles and powers. 5.   Explain the role of statutory law in the legal system. 6.   Defend the need to set up a system of uniform laws. 7.   State the role of common law in the legal system. 8.   Describe how the principle of  stare decisis  provides stability within the law. 9.   Differentiate between statutory interpretation and judicial review. 10.   Account for the legislature’s need to establish adminis trative agencies. III. Major Concepts   2-1 The Purpose and Operation of the Law The law consists of rules of conduct established by the government to maintain harmony, stability, and justice within a society. Ideally, the primary objectives of the law are to  promote harmony, stability, and justice. In everyday life, the balance is not easy to main-tain. The law or, more properly, the entire legal framework consists of a series of dualities that must be resolved somehow. 2-2 Constitutional Law A constitution is the basic law of a nation or state. The United States Constitution  provides the organization of the national government. Each state also has a constitution that determines the state’s governmental structure. The body of law that forms a constitution and its interpretation is known as constitutional law.  Chapter 02 - Sources of the Law Copyright © 2017 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. 2-3 Statutory Law The laws passed by a legislature are known as statutes. At the federal level, these are the laws made by Congress and signed by the president. At the state level, statutes are enacted by state legislatures. Statutes must be arranged, cataloged, and indexed for easy reference by compiling state and federal codes. Because many different statutes are  passed each year by the 50 state legislatures, there are important differences in state statutory law throughout the nation. One solution to the problem of inconsistent statutory law is for the legislatures of all the states to adopt the same statutes. The National Conference of Commissioners on Uniform State Laws (NCCUSL) was founded to write these uniform laws. 2-4 Court Decisions  Courts make law through common law, the interpretation of statutes, and judicial review. Common law is the body of previously recorded legal decisions made by the courts in specific cases. Statutory interpretation is the process by which the courts analyze those aspects of a statute that are unclear or ambiguous or that were not anticipated at the time that the legislature passed the statute, and judicial review is the process by which the courts determine the constitutionality of various legislative statutes, administrative regulations, or executive actions. 2-5 Administrative Regulations Federal administrative agencies administer statutes enacted by Congress in specific areas, such as commerce, communication, aviation, labor relations, and working conditions. Similar agencies have been designated by the states to supervise intrastate activities. These agencies create rules, regulate and supervise, and render decisions. To help prevent any conflict of interest that could arise from these overlapping responsibilities, Congress  passed the federal Administrative Procedures Act. Similarly, most states have adopted a uniform law known as the Model State Administrative Procedures Act.  IV. Outline I.   The Purpose and Operation of the Law (2-1) A.   The Law as a Balancing Act 1.   The law is often a balancing act. 2.   Generally, the objectives of order, stability and justice are kept in mind; but the law is not perfect. B.   The Dualities within the Law 1.   Balancing is part of the law’s fundamental nature.  2.   The legal system is shaped by several dualities. a.   The spirit versus the letter of the law is an obvious duality.  b.   The written word versus its interpretation is a duality addressing ambiguity. c.   The abstract versus the concrete involves application of a principle to a concrete issue.  Chapter 02 - Sources of the Law Copyright © 2017 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. d.   The uncertainty principle involves duality between the way a decision is intended and the way it is actually executed. II.   Constitutional Law (2-2) A.   The Articles of Confederation 1.   The first constitution was known as the Articles of Confederation. 2.   The Articles of Confederation had certain weaknesses. a.   The Congress could not impose taxes.  b.   All delegates to Congress were appointed by state legislatures. c.   The states retained the power to issue their own currency. B.   Reengineering the Articles 1.   Madison attempted to provide for a strong central government. 2.   The Constitution displays a general structural orientation toward insulating the leadership of the new republic from the influence of the people. C.   The Structure of the United States Constitution 1.   The first fundamental principle supports a separation of nation powers among three distinct branches of government, the executive branch, the legislative branch, and the  judicial branch. 2.   The second fundamental principle supports a system of checks and balances that allows each branch to oversee the operation of the other two branches. 3.   The articles of the Constitution establish the organization of the national government. 4.   The amendments change provisions in the srcinal articles and add ideas that the framers did not include in the articles. 5.   Structurally, the Bill of Rights should have been part of the srcinal Constitution, but from a political and pragmatic perspective, that was not advisable. 6.   Outside the Bill of Rights, the Constitution has been amended 17 times. D.   State Law, Supremacy, Preemption, and Devolution 1.   Each state adopts its own constitution. 2.   Preemption is the process by which the courts decide that a federal statute must take  precedence over a state statute. 3.   Devolution occurs when the courts redefine a right and shift the obligation to enforce a right from an upper-level authority to a lower one. III.   Statutory Law (2-3) A.   Codes and Titles 1.   Codes are compilations of all the statutes of a particular state or the federal government. 2.   Codes are generally further subdivided into titles which are often then subdivided into chapters and sections. B.   Uniform Laws 1.   Statutory law differs from state to state which can cause problems. 2.   The National Conference of Commissions on Uniform State Laws (NCCUSL) was founded to write uniform laws. C.   The Uniform Commercial Code 1.   The UCC is the most significant development in uniform state law. 2.   The UCC is designed to govern almost all commercial transactions. 3.   It has not been uniformly adopted by all states. D.   Cyber-Law Statutes
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