Bus Law

Business Law II Homework Assignment

Leonardo de Paula Silva

02/08/12

Exercises:

1-10)a) On Dudley, Stephens, and Brooks’ case, the decision of taking the men to England and trying them for the murder of the boy was the most correct one based on the reasoning that the kid was already very weak and was most likely going to die at any time soon, so probably if they had not murdered the boy on July 25th , the boy would have died on the very next day and the men would have been able to feed themselves on the boy’s body and blood anyways. Moreover, killing the boy was a crime even under the circumstances the men were under. Nobody has the right to put an end in somebody’s life in order to guarantee his own survival. Based on this statement we can clearly see that there was an ethical issue involved in this case.

b) Yes, judges should have the power to look beyond the written “letter of the law” because some cases are so surreal and out of the ordinary that the already established and written law cannot interpret and judge as fairly and just as certain cases should be judged, and when these type of cases happen new laws and rules are given room to be created. Therefore, judges have the power, the responsibility, and the privilege to look beyond the written “letter of the law.”

24-2) The note written by Juan Sanchez can only be a negotiable instrument if it meets the 6 requirements necessary. First it needs to be in writing. Second it needs to be signed by the maker (Juan) or drawer. Third it needs to be an unconditional promise or order. Fourth it needs to state a fixed amount of money ($500). Fifth it needs to be payable on demand or at a definite time. And Sixth it needs to be payable to bearer or order (unless it is a check). So, based on the requirements we can conclude that the note is a negotiable instrument.

24-9) The evidences that support a finding that Jones gave the bank a check is only one person, the bank representative that was working on Jones...