Deck 1: The Nature and Sources of Law

Question 1

Under what circumstances would a court disregard precedent?

Answer 1

In most cases precedent cases are upheld in later cases with similar setting. However, judges have some discretion especially if the precedent does not apply such as the change in technology. This allows some flexibility of courts to update laws that are more applicable to concurrent settings.

Question 2

is the difference between a statute and an administrative regulation?

Answer 2

Statutes are laws passed by the legislative branch in the government. Administrative regulations are rules passed by administrations such as the Environmental Protection Agency (EPA), e.g. limiting certain pollutant exposure. Statutes can be very broad as the legislative branch has broad authority to make and pass laws. However, Administrative Regulations are limited to the authority granted to the Administration. For example, the EPA can't pass a rule regarding drug safety that is the role of the Food and Drug Administration.

Question 3

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 Internet.
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 help.

Answer 3

Case summary:
CH brand of vehicle was rated as one of the best ads which were shown during 2011 games. This ad was made by EM. In the same year, during the German auto show, another automobile company AD too used similar feel of the ad as depicted in the ad of CH brand. When the German auto show went viral, it was noticed by EM and it sued AD for unauthorized use of its intellectual property.
Intellectual property stands for the creations of the mind like inventions, literary and artistic works, and symbols, names and images used in commerce.
Conclusion:
The rights that EM had in the above case is that EM holds all the rights that deals with the rules of securing and enforcing legal rights to invention and artistic works that it has undertaken in the making of that ad. Thus EM can sue AD for copying the idea and feeling shown in the ad of CH. The court too have to gave verdict favoring EM as AD has stolen the idea that is hampering over the intellectual property rights of EM.

Question 4

examples of areas covered by federal laws. Give examples of areas covered by city ordinances. What are the limitations on these two sources of laws? What could the laws at these two levels not do?

Question 5

is the principle of stare decisis?

Question 6

Explain how Twitter, Facebook, and LinkedIn have resulted in the development of new laws and precedent.

Question 7

During the 2001 baseball season, San Francisco Giants player Barry Bonds hit 73 home runs, a new record that broke the one set by Mark McGwire in 2000 (72 home runs). When Mr. Bonds hit his record-breaking home run, the ball went into the so-called cheap seats. Alex Popov was sitting in those seats and had brought along his baseball glove for purposes of catching any hits that might come into the stands.
Everyone sitting in the area agreed that Mr. Popov's glove touched Bonds's home-run ball. Videotape also shows Mr. Popov's glove on the ball. However, the ball dropped and, following a melee among the cheap-seat fans, Patrick Hayashi ended up with Bonds's home-run ball.
Mr. Popov filed suit for the ball, claiming it as his property. Such baseballs can be very valuable. The baseball from Mr. McGwire's recordbreaking home run in 2000 sold for $3 million. List those areas of law that will apply as the case is tried and the owner of the baseball is determined.

Question 8

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.

Question 9

the sources of law.

Question 10

is the difference between common law and statutory law?

Question 11

Classify the following laws as substantive or procedural:
a. A law that requires public schools to hold a hearing before 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 before a lien can be filed (attached) to the property.

Question 12

do uniform laws accomplish? Why do states adopt them? Give an example of a uniform law.

Question 13

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 complained 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?

Question 14

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. Your 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 Professor 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 of access to my e-mail. I have privacy rights." Do you agree with Professor Phelps? Was there a breach of privacy?