Name
Date
Business Law
- Discuss the purpose of laws. (20)
Laws are established to create and maintain standards and order. The laws are also instrumental in protecting the fundamental rights and liberties of every member of society. It could also be applied during conflict situations to resolve disputes.
- Why does our society need a legal system? (10)
The legal system is a means of offering interpretation and the enforcement of the law. It is required to aid in maintaining harmony within the communities and social groups in society. It is possible through a systematic, predictable, and orderly conflict resolution mechanisms provided by the legal system.
- Distinguish between procedural and substantive laws. (10)
Rights of the citizens are defined through substantive law while procedural laws provide the measures and processes required in protecting and enforcing these fundamental rights.
- Discuss the different methods of legal reasoning. (10)
Analogical reasoning involves the likening of a situation at hand with a historical case with comparable attributes. Alternatively, deductive reasoning involved the application of the main and the minor premises and the conclusion to arrive at a decision.
- Discuss the different schools of jurisprudence. (10)
The main theories of jurisprudence are natural law and positive law. Natural law emanates from nature or reason, and it’s based on the principle of natural justice. In simple terms, all forms of actions considered righteous. Positive law is based on the reason that the rule created and enforced by the governments that are considered sovereign.
- What is the role of ethics in law? (10)
Ethics in law refers to the acceptable standards of morals, norms, and behavior expected of lawyers and judges within the legal profession. Ethics help regulate legal practice. The professionals are, therefore, able to reflect on the fundamental premises, assumptions, and methods during their legal practice. Moreover, ethics is necessary for proper conduct within the legal system.
- What is the role of the Jury and the Judge? (5)
A judge and the Jury play different but vital roles in a trial. The Judge ensures that the most preeminent but conceivable techniques are pursued. The Judge is also responsible for making decisions about the legal requirements for a given case. Contrarily, the Jury assesses the proofs them makes decisions on what is acceptable; they also decide about the liability of the accused persons in a case.
- Explain jurisdiction. (5)
Jurisdiction is the power or authority accorded to the court by law to try cases and make rulings on legal issues over certain types of cases or within specific geographical boundaries. Because many courts possess limited jurisdiction, it’s essential to establish the jurisdiction of a court before filing a lawsuit.
- What are the pros and cons of mediation? (10)
Pro
Con
The mediation process is considered a faster and effective means of dispute resolution.
The mediation process does not apply to all type of disputes, for instance, land ownership.
- What are the pros and cons of alternative dispute resolution? (10)
Pro
Con
Cost effective
There is no assurance that the dispute would be resolved
- Discuss the following concepts: federalism, separation of power, supremacy clause, judicial review, and commerce clause. (10)
Separation of powers is a concept embodied in the constitution through the formation of three branches of the federal government. The idea of separation of powers is replicated in the state government.
Federalism is a concept that has enabled the division of government power between two sovereigns; the federal and the state government.
Supremacy clause– This provision is found in Article IV of the United States constitution. The clause states that the constitution, federal law, and treaties take precedence over state laws.
Commerce clause– This is a provision of the constitution that bestows the federal government the ability to actualize interstate commerce regulation.
- What is a tort? Pick any two torts and explain it. (10)
A tort is the act of omission committed by one party, causing harm or injury to another party or his/her property. The actions amount to civil wrongdoing which calls for a liability imposition by a court of law.
Examples of tort.
A Tort of negligence refers to a civil wrong arising when an individual acts carelessly to another person. The action then inflicts personal injury or damage.
Intentional tort: Refers to a situation act where an individual intentionally acts in a way that results in the injury of another person.
- Distinguish between real and personal property. (10)
Real property is the interests in land and things closely associated with the land while personal property refers to the benefits in property other than land and its close associates.
- Explain the following terms: encumbrance, fee-simple absolute, life estate, easement, and eminent domain (10)
Encumbrance– This refers to a burden or limitation on the title to the land, such as a mortgage or other lien, easement, deed restrictions, licenses as well as encroachment
Fee simple absolute is the undivided interest an owner may have on land. It comprises the entire bundle of rights.
Life estate– Refers to the legal process applied in the transfer of ownership of a property from one party to the next within the lifetime of the real owner.
An easement refers to the right that one person has to some profit, benefit, or use of another persons’ land for a specified purpose. A deed creates this kind of right or acquired by prescription or by implication.
Eminent domain– refers to the powers of the United States government states which grant the government the right to acquire any private property for public use upon payment of only compensation.
- Discuss any five contract concepts. (10)
Life estate refers to the ownership of land for the duration of a person’s life; for instance, a father and his son can sign this agreement. Whereafter the death of the father, his son assumes ownership of the land. However, the father can use the same property within his life until death.