Question
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- From Business: General-Business
- Closed, but you can still post tutorials
- Due on Jun. 02, 2012
- Asked on Jun. 01, 2012 at 06:16:29AM
Q:
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- Discuss the different forms of jurisprudence. What are the basic strengths and weaknesses of each system? Explain whether a particular system of jurisprudence is superior to other systems.
- Identify the major sources of American law and discuss how these sources of law relate to one another. Identify and explain which source of the law in the United States is the most important?
- Over the past sixty years a substantial amount of the law in the United States has come in the form of statutes. Briefly explain the process by which statutes are enacted.
- Federal agencies control a vast number of activities in the United States. However, employees of federal agencies are not elected officials and, therefore, they are not directly accountable to the voters of the United States. Thus, if the head of the Federal Drug Administration does something that most Americans disagree with, voters cannot vote him or her out of office. Despite the lack of direct voter control over the activities of administrative agencies, there are other controls over the conduct of federal administrative agencies.In what way can the general public indirectly control the activities of federal administrative agencies? Discuss other ways by which federal agencies are controlled,explaining the strengths and weaknesses of each form of control. You cannot explain this question in less than 3 paragraphs.
- The Federal Aviation Administration (FAA) is given broad authority by Congress to regulate all matters necessary to protect the safety of interstate air transportation. Assume that the FAA proposes to adopt a new rule that regulates the procedures for emergency landings by commercial airlines. Under these facts: Does the FAA have the power to enact this regulation? WHY or WHY NOT?
- Would the FAA have the power to investigate suspected violations of this rule? WHY or WHY NOT?
- Medco manufactures and sells a certain type of vitamin. A number of individuals and state health agencies allege that the vitamin violates regulations of the Food and Drug Administration (FDA), a federal agency. The FDA is given broad power to enforce its regulations. Under these facts:
- Can the FDA conduct a hearing to determine whether Medco has violated its regulations? WHY or WHY NOT?
- Is Medco entitled to have a jury determine the case? WHY or WHY NOT?
$1.00
answers 1 and 2 and 3
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- Posted on Jun. 01, 2012 at 06:23:38AM
A:
Preview: ... integral role of the law in society and how the importance of the law has changed over time.
Philosophical jurisprudence concerns itself with the philosophy of the law. It answers questions about the nature of the law and why it is important to a modern society. Legal philosophy is a popular area of study and often drives legal reform.
Once grouped by type, schools of thought can further differentiate jurisprudence. A school of thought is a conceptual framework, ortheory, that is applied to the analysis. There are various jurisprudential schools, but some of the most common are formalism, realism, positivism, and natural law.
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common law, (case law) Law found in the decisions of the courts rather than in statutes; judge-made law
precedent Prior decision of the same court, or a higher court, which a judge must follow in deciding in a subsequent case presenting similar facts and the same legal problem, even though different parties are involved and many years have elapsed.
stare decisis Latin term for "standing by the decision." The doctrine that judicial decisions stand as precedents for cases arising in the future. It is a fundamental policy of our law that, except in unusual circumstances, a court's determination on a point of law will be followed by courts of the same or lower rank in later case presenting the same legal issue, even thought different parties are involved and many years have elapsed.
ordinance A law of a municipal corporation; a local law enacted by a city council, town council, board of supervisors, or the like. A rule established by authority regulation A rule having the force of law, promulgated by an administrative agency. rules of court (court rules) Rules promulgated by the court, governing procedure or practice before it.
Common, (case) Law, the origin of American Law The oldest form of law in the United States is the common, case law . The common law was developed in England and brought to the United States by English colonists. The common law is judge-made law; in the United States, it is law that has been developed by the judges of both England and the United States. To comprehend how common law developed, you must understand the concepts of precedent and stare decisis .
Whenever a court renders a legal decision, that decision becomes binding on the court and its inferior courts when the same issue arises again in the future. The decision of the court is known as a precedent . The principle that inferior court will comply when the issue is raised in the future is known as the doctrine of stare decisis from the Latin phrase stare decisis et non queta ov ...
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