Business Law - Case Study Example

BUSINESS LAW Table of Contents Case 3 Case 2 4 Bibliography 5 Case The laws or the statutes in the United s are enacted by the elected bodies of the representatives namely House of Representatives and the Senate along with the state governments. A law is basically passed to serve the purpose of the nation, humanity and citizen at large. The federal and state government do enjoy such authority as the endangered species of birds needed to be saved from the radio active emissions of the vehicles. Also, there have been many such cases where the interracial marriages have not been successful and rather contributed to domestic violence. To save the marriage couples from such unfortunate happenings, the government thought to have compulsory counselling for the to-be-married interracial individuals.
The appropriate place to challenge the statutes would be the court of law. If the statutes are directly affecting one’s interest, he might appeal to the court of law against the statutes.
There are many arguments that can be used against the statutes. Firstly, it can be notified that the for the people whose vehicles are registered outside the state of Minnesota, are compelled to purchase and install an expensive device to reduce radioactive emissions to save the birds. This can be treated as injustice to those vehicle owners. If the device can really check pollution, the device should be made mandatory to all vehicles and not just to those registered with a different state. In the second case, the two weeks of counselling for the inter-racial couples prior to marriage can be identified as state imposition. The law of the land preferably should not dictate the matured adult citizens. Marriage is a personal agenda and varies from person to person. The law should not be mingled with the requirements of the pre-marriage counselling sessions.
The prime duty of the court of law is to ensure that the justice is ensured to all the parties. It functions with in the broad guideline that the legislature has provided with. Also, the court does not have the weapon to execute the law. For such purpose, it has to depend upon the executive. The court would ensure that the all the legalities are maintained in its best form.
Case 2
Ralph feels that the company of drug free enterprise has breached his trust. For the purpose, Ralph wants to sue the company with $ 79,000. The most appropriate court would be the place where the agreement was signed in between the enterprise and Ralph. It could also be the place upon where Ralph was supposed to oversee the distribution.
The basis for the jurisdiction would depend upon the minute details that were penned down in the agreement between Ralph and the company. There may be lot many reasons. Some of them might involve deviation from the agreed price or quality. There can also be certain technological reasons.
In order to win the suit, Ralph should be well conversant with the business law. He must be able to study every minute details of the agreement and also should successfully capture the deviations that have hampered his interest. Ralph should be able to present all the details at the court of law and substantiate his claims with adequate proofs. All these factors can contribute to his win against the company.
Bibliography
Minnesota State Legislature, “What is the structure and function of the Minnesota Legislature?”. 27 September, 2009. Law, Statutes and Rules. No Date.
PACE Law School, “CISG Case Presentation”. 27 September, 2009. CISG Database. 2008. Read More