Solution and Answer Guide : Twomey/Anderson, Business Law & The Legal Environment, 2022, Core ISBN: 9780357363744; Chapter 1: The Nature and Sources of Law 1 © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Solution and Answer Guide Twomey/Anderson , Business Law & The Legal Environment, 2022 , Core ISBN : 9780357363744 ; Chapter 1: The Nature and Sources of Law Table of Contents Answers to the End -of-Chapter Questions ................................ ................................ ................................ ........... 1 Questions and Case Problems ................................ ................................ ................................ .............. 1 Answers to the End -of-Chapter Qu estions Questions and Case Problems 1. The Family Educational Rights and Privacy Act (FERPA) protects students‘ rights to keep their academic records private. What duties are imposed and upon whom because of this protection of rights? Discuss the relationship between rights and duties. Answer: Privacy as a right . The right is the student‘s and is one that allows students to have their grades remain private. The schools have a duty to ensure grades are not released to third parties without permission of the student. 2. List the sources of law. Answ er: Sources of law . Statutory law such as ordinances, case law, precedent, common law, uniform state laws, constitutions, administrative regulations, treaties. 3. What is the difference between common law and statutory law? Answer: Common law/sources of law . Statutes are codified law; the common law evolves by case precedent and has existed in unwritten form since England in some areas of law. 4. Classify the following laws as substantive or procedural: a. A law that requires public schools to hold a hearing befo re a student is expelled. b. A law that establishes a maximum interest rate for credit transactions of 24 percent. c. A law that provides employee leave for the birth or adoption of a child for up to 12 weeks. d. A law that requires the county assessor to send four notices of taxes due and owing Solution and Answer Guide : 2 © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. before a lien can be filed (attached) to the property. Answer: Classifications of law. a. Procedural b. Substantive c. Substantive d. Procedural 5. What do uniform laws accomplish? Why do states adopt them? Give an example of a uniform law. Answer: Uniform state laws . Law is not uniform throughout the United States because of a historical accident: the United States was never a single nation. As of now, there are 50 state governments and a federal government within the area we call the United States. This means that 51 political bodies have the freedom to their own law (provided constitutional rights are not violated). As a practical matter, this has not resulted in 51 different sets of rules of law because the common law has tended to d ominate the legal system of most communities. As stated in the text, the uniform laws have been a ―nationalizing‖ force. It is likely that among areas that are truly ―in business,‖ there will be greater uniformity in the near future. In contrast, as to oth er matters where the need for uniformity is not as great, we can expect local variations in the law, encouraged by local economic and cultural differences. The Uniform Commercial Code and Uniform Partnership Act are examples of uniform laws. 6. Cindy Nathan is a student at West University. While she was at her 9:00 a.m. anthropology class, campus security entered her dorm room and searched all areas, including her closet and drawers. When Cindy returned to her room and discovered what had happened, she compla ined to the dorm‘s senior resident. The senior resident said that this was the university‘s property and that Cindy had no right of privacy. Do you agree with the senior resident‘s statement? Is there a right of privacy in a dorm room? Answer: Privacy. Several issues should be raised: a. Terms and conditions of dorm residency b. Access issues and safety issues There can be a right of privacy in a dorm room subject to disclosed university policies, processes and procedures. Just as landlords have access for emergencies, the university could have some limited access without breaching privacy. Solution and Answer Guide : 3 © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 7. Professor Lucas Phelps sent the following e -mail to Professor Marlin Jones: ―I recently read the opinion piece you wrote for the Sacramento Bee on affirmative action. Yo ur opinion is incorrect, your reasoning and analysis are poor, and I am embarrassed that you are a member of the faculty here at Cal State Yolinda.‖ Professor Jones forwarded the note from Professor Phelps to the provost of the university and asked that Pr ofessor Phelps be disciplined for using the university e -mail system for harassment purposes. Professor Phelps objected when the provost contacted him: ―He had no right to forward that e -mail to you. That was private correspondence. And you have no right o f access to my e -mail. I have privacy rights.‖ Do you agree with Professor Phelps? Was there a breach of privacy? Answer: Privacy . Professor Phelps is wrong. His musings on his employer‘s e -mail system are not private. There is no expectation of privacy and anything written can be reviewed by his employer. 8. Under what circumstances would a court disregard precedent? Answer: Precedent . Courts could disregard precedent when facts differ, circumstances change and social mores differ. Cases are examined for similarities as well as distinguishing factors. Courts don‘t follow precedent when differences exist. 9. What is the difference between a statute and an administrative regulation? Answer: Sources of law . A statute is passed by an elected body. A regulation is passed by an administrative agency. An administrative regulation is one passed by a federal or state agency. Its procedures for adoption are different from a statute which is a law enacted by Congress, a state legislature or a city or county governing b ody. Statutes are generally passed by elected officials whereas regulations are the actions of appointed officials who are government employees. Administrative regulations must be grounded in statutory authority. 10. The Eminem ad for Chrysler that ran during the Super Bowl in February 2011 was rated as one of the best ads for the game. In May 2011, Audi ran an ad at a German auto show that had the ―feel‖ of the Eminem Chrysler ―Lose Yourself‖ ad. Subsequently, the German auto show ad made its way onto the Int ernet. The German ad caught the attention of Eminem and 8 Mile, Eminem‘s publishing company. They notified Audi that the ad constituted an unauthorized use of their intellectual property. Explain what rights Eminem and 8 Mile have and how the courts can he lp. Solution and Answer Guide : 4 © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Answer: Law and equity . Equitable remedies suitable here; an injunction to stop the ad from being run. Legal remedies include money damages for use of Eminem's image. Now courts can award either legal or equitable remedies. Eminem and 8 Mile obtaine d an injunction against Audi —the company was prohibited from running the ad because of a likelihood of confusion and the continuing problem of use of an image or likeness without permission. Emphasize that only equitable remedies help Eminem and 8 Mile —damages cannot recoup for the continuing use. 11. Arizona Revised Statute § 28 -8336 establishes a license tax for ―a nonresident whose aircraft is based in this state for more than ninety days but less than two hundred ten days in a calendar year.‖ The Arizona D epartment of Transportation defined a day (for purposes of taxes and licensing) as any day when the plane‘s tires are on the ground in Arizona, even if those tires were there for only part of a day. The taxpayer says that what counts should be whether the plane was on the ground for a full day. What will the court look at to determine the definition of a day? BSI Holdings, LLC v. Arizona Department of Transportation, 417 P.3d 782. Answer: Laws and precedent. The court looked at how the term day is defined for other tax issues, in computing legal deadlines, in residency questions to make the determination and concluded that an aircraft does not lose its base in the state simply by leaving for part of a day, nor does it acquire a state base merely by briefly touching down in the state. BSI Holdings, LLC v. Arizona Department of Transportation, 417 P. 3d 782 (Az. 2018). 12. What is the principle of stare decisis? Answer: Common law. Stare decisis is ―Let the decisio n stand‖ or following case precedent. 13. Explain how Twitter, Facebook, and LinkedIn have resulted in the development of new laws and precedent. Answer: Law and precedent. The social media have resulted in many new laws (cyberbullying) as well as case law on issues such as whether Google, Yahoo, etc., must reveal identities. Throughout the remaining chapters you will study examples of issues evolving and precedent being set. These forms of social media have expanded greatly how widespread personal informat ion
