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Summary Guiding questions and end of chapter questions Business law II
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1. Origin and nature of law Describe the origin and nature of the law
o The ability of one individual to control other individuals through
strength. The lex talionis, the law of retaliation (an eye for an eye, a
tooth for a tooth)
o Certain laws were enacted or evolved and developed for different
purposes:
This is public law and concerns a citizen’s relationships with society
constituted as government
This is private law and concerns an individual’s relationship with
another individual
To end disputes, this is again private law, specifically contract law,
the law governing agreements
Provide a definition of the law
o Only if the total collective, the society, enforces its rules can they have
any meaning or serve any purpose in the regulation of conduct
How does morality and culture shape the law?
o Law generally represents the developing, common morality of human
beings. Government almost always seeks to ally itself with prevailing
customs, to proclaim as right only that which most citizens already
perceive to be right, and to impose as law the rules considered by the
majority or by more powerful or vocal minorities to be moral and
therefore just. Thus, law reflects values and beliefs of society or its
ruling group. There is a close relationship between morality and any rule
that society will enforce but don’t confuse legality with morality. Even
though there is a close relationship with morality and law.
o Law sets out rights, duties and obligations. As a result, stability and
predictability is achieved.
Personal Level: Citizens need to be able to determine “right from
wrong”
Business Level: Degree of “Legal Certainty” in business dealings
o What is legally right or wrong depends on where you are. Eg, what is
considered right in Belgium may be wrong in Germany
Compare and contrast the common law and civil law systems
o Civil law
Is based primarily on the written codes of Justinian and Napoleon
Code, a single comprehensive legislative enactment
o Common law
Disputes resolved on a case-by case basis, binding the arbiter of a
dispute to the rule elicited from the determination of an earlier,
similar dispute
What is ‘Stare decisis?
o The requirement that courts follow their own precedents is based on the
legal principle of stare decisis or “stand by the decision.” Stare decisis
, binds all of the lower courts of a jurisdiction to determinations rendered
by the highest court in that same jurisdiction.
o Stare decisis is not absolute; a decision of the highest court can be
amended either by this court’s changing its mind or by legislative
mandate.
Based on your reading of International Law: 100 Ways It Shapes our Lives
(see, Canvas course materials), list 3 ways that international law has helped
shape your life personally.
o 2 .Mailing a letter or package reliably and easily to anyone in the world.
By ensuring a universal postal network in which you can buy a postage
stamp in your home country that will be accepted for mail delivery in all
countries (Constitution of the Universal Postal Union, 1964).
o 15. Making it easier to have important documents like birth certificates
and diplomas recognized in more than 100 countries. By authenticating
the document with a widely-accepted certification known as an apostille
(Hague Convention Abolishing the requirement of Legalization for
Foreign Public Documents, 1961).
o 28.Traveling with relative ease, simply by having a passport. By using a
standardized document – your passport – that virtually all countries
accept under standards adopted by the International Civil Aviation
Organization (Chicago Convention on International Civil Aviation, 1944)
and the International Organization for Standardization (ISO).
2. Online free speech vs hate speech
Based on the Yahoo! Case study, explain what is meant by the term ‘Conflict
of laws?’
o The set of legal systems, and the law of which jurisdiction applies to a
given dispute.
What were the key arguments for Yahoo! And La Ligue in this case?
o Yahoo: abuse of free speech on its own website
o La Ligue: considers the Nazi memorabilia as an ideology of hate speech
What was the court’s 2001 holding and the reasoning for its decision?
o The instant court analyzed the enforceability of the French order under
the First Amendment." Because the French order banned Yahoo from
allowing objects relating to Nazism to be sold or displayed on its web
site, the instant court found this viewpoint-based restriction to be
impermissible under the First Amendment.
Why is this case considered a landmark case?
o That was the first case consisting of conflict of Laws in relations to
internet and 1st Amendment case
Why is the Yahoo! Case particularly relevant today, especially in the
business context?
o Helps to understand more about Conflicts of Law
Compare US vs German Hate Speech laws. Where do you stand with respect
to governmental regulation of hate speech?
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