Business Law

1. Question & Case Problem #1-9 parts a-e (p. 27)

a. The plaintiff is Arthur Rabe, the defendant is Xavier Sanchez

b. Rabe would seek a specific performance.

c. Rabe would ask the court for a rescission.

d. Both remedies are remedies in equity. Remedies in equity include a specific performance, and remedies at law include the outcome to be done in monetary damages.

e. If Sanchez appeals to a higher court, the appellant is Sanchez and the respondent is Rabe.

2. Answer the following questions based on the scenario in Question & Case Problem #4-1 (p. 90).

A. Explain the purpose of the Commerce Clause.

The Purpose of the commerce clause is to provide the basis for the national government’s extensive regulation of state and local affairs. It gives Congress exclusive power over trade activities among the states and with foreign countries.

B. How would you argue for and against the Georgia statute for contoured rear-fender mudguards under the Commerce Clause. Discuss both arguments.

If I were to argue for Georgia, I would state that the contoured mudguards are safer for the public and therefore better for everyone. If I were to argue against Georgia, I would state that it is suitable in most other states for straight mudguards and it would cost more for companies to switch over to the contoured mudguards.

C. If you were a judge deciding a case on the constitutionality of this statute, who would win and why?

If I were a judge, I would say that the state of Georgia is not gaining any money from enforcing the contoured mud flaps and only making the roads safer, so the State did not break any rules. The state of Georgia would win.

3. Answer the following questions based on the scenario in Question & Case Problem #4-7 (p. 91).

A. Explain freedom of speech as protected under the United States Constitution.

Freedom of Speech means that a person is protected under the Constitution for the right to say...