Legal Eagles

1
Legal Eagles!
2
The Goal

• Gain Points!
• A Team Gains Points by Answering Questions
  Correctly
• Reward Extra Credit for Winning Team!

3
The Rules

• The Team Member that answered the last question
  correctly selects a category for the next
  question
• Any Team has the opportunity to correctly answer
  the question

4
Legal Eagles!
5
Introduction To Law

• T or F Law is a stable set of principles.
• The US legal system is a __________ system.
• ______ law defines rights and obligations between
  private parties ________ law defines rights and
  obligations of individuals towards society.
• T or F An example of a substantive law would be
  a law detailing how to file a complaint.

6
Dispute Resolution

• A trial court has ____________ jurisdiction an
  appellate court has ____________ jurisdiction.
• TF Administrative agencies cannot resolve
  disputes.
• Name 3 forms of alternate dispute resolution.
• Which court is the final decision-maker of U.S.
  constitutional law?
• In a civil case, which party bears the burden of
  proof?

7
International Law

• Name 2 major sources of international law.
• Name an important doctrine of international law.
• Why do treaties impact business activity?
• What is the primary treaty affecting business?
• Name the 3 major forms of doing intl business.
• Trade consists of ________ and ________.
• What does technology transfer involve?

8
Sources of U.S. Law

• Name 3 of the 5 primary sources of U.S. law.
• Name 3 types of legal systems in the world.
• What is stare decisis?
• Do federal agencies enact or implement statutes?
• What statute guides agency rulemaking?
• What is basic agency rulemaking procedure?
• What is the lesson of the Holly Farms case?

9
Starting a Business

• Name the 3 basic forms of business organization.
• Name the primary advantage of the corporation.
• What is a joint venture?
• TF Bob is the sole owner in a subchapter S
  corporation, so he suffers double taxation.
• Partnership is an __________ relationship.
• TF A corporation may accidentally be created.

10
Constitutional Law

• TF May the Supreme Court review and nullify an
  act of Congress or the President?
• What is meant by federal supremacy?
• What clause primarily affects business activity?
  
• Name 3 constitutional limitations on government?
• What does the First Amendment guarantee?
• Is symbolic speech protected by the Constitution?

11
Constitutional Law

• TF commercial speech is fully-protected by the
  First Amendment.
• May a corporation plead the Fifth Amendment
  protection from self-incrimination?
• May an agency search business premises or seize
  business records without a warrant?

12
Problem 1

• Technology exists to use embryonic stem cells for
  repairing diseased tissue
• Can the President unilaterally prohibit the use
  of embryonic stem cell technology?
• If a state passed a law prohibiting stem cell
  research, would the law be substantive or
  procedural?
• What constitutional argument(s) could be made
  against a state or federal law prohibiting the
  use of embryonic stem cell technology?

13
Problem 2

• Assume the President of Exxon placed a full-page
  newspaper advertisement on behalf of his company
  declaring The members of the Democratic party
  are fools and thieves, and therefore should be
  abolished. What legal issues are involved?

14
Problem 3

• Assume that the NC state university system
  establishes a requirement that students undergo a
  written psychological test and provide urine and
  blood samples for testing
• The states basis for the rule is to insure the
  safety of students, faculty, and administration
• What legal issues are involved?

15
Problem 4

• Carolina Co., a NC corporation, has the
  opportunity to sell a large shipment of chemicals
  to China Manufacturing, an apparel manufacturer
  owned by the Chinese government.
• What issues are involved?

16
Problem 5

• Jim, Mike Carl begin a general partnership to
  operate a window washing service. Carl
  contributes 10,000 and Jim and Mike contribute
  1,000 each.
• No partnership agreement is drafted.
• One month later, Jim and Mike vote, over Carls
  objection, to buy another truck for the firm
• Carl claims he gave more money, so he has the
  final rule on major purchases. Carl also claims
  that profits must be divided in the same ratio as
  capital investment
• How should the judge rule if a dispute arises?

17
Problem 6

• Ken and Barbie start WeBeTs, a tie-dye T-shirt
  company, and sell only on-line. Ken is the
  general partner and Barbie is a limited partner.
  No partnership agreement was written.
• Ken handles the website operation and Barbie
  handles creation and distribution of the shirts
• Without Barbies knowledge, Ken places a
  one-week guaranteed delivery on the website
• What issues are likely to arise?