Business law exam
The doctrine of stare decisis implies a doctrine of precedent. This means that under such a doctrine, the court will make its decision based on the ruling of a similar issue that has previously come up within the court room and within a common provincial jurisdiction. The previous ruling thus acts as a binding authority. In the context of a court within a different provincial jurisdiction, the ruling in such cases will only act as an authority of persuasion. The law applies in both a horizontal and vertical manner. From a horizontal perspective, the court is required to adhere to its previous ruling or decision while a vertical stare decisis requires that the court adheres to the ruling or decisions of a higher court. For the US justice system, this doctrine provides a predictable, consistent and evenhanded promotion of legal principles that all contribute to the perceived as well as actual integrity of the system and the process.
Federal regulation of commerce
The federal government can regulate Ann’s activities through the Commerce Clause. This clause empowers the federal government to regulate any activity at the intrastate and interstate levels that has an impact on the interstate commerce. In Ann’s case the federal government can argue that the production and sale of fruits and vegetables affects the commerce at the interstate level. In her argument, Ann can point out that her activities; both in growing, production and sale of the produce are purely local and thus not eligible for regulation by the federal law. However, this argument would not hold ground since in their economic nature; Ann’s activities even in their local stature do have an impact on the interstate commerce.
A state legislature that prohibits the advertising of video games
The defendant’s argument can be based on the very nature of the First Amendment and the fact that it protects commercial speech as a right that cannot be limited expect to some acceptable level by any other statue. Thus in the case of the state legislature enacting a statue that prohibits commercial speech which in this case is the advertisement and marketing of video games, it acts contrary to the First Amendment and thus the entire state legislature statue could be declared null and void. The argument that the video games could be “too harmful to minors” is extremely restrictive and does not meet the threshold on which regulation can be done since it seeks to protect a certain group from some unsubstantiated and perceived harm. The state legislature goes beyond the level to which it can be termed as trying to achieve an objective.
Unsolicited calls.
In Paul’s defense, he could argue under the duress that he was in fear of losing his job and in order to keep his job, he had to make the call as instructed and as required by his employer. He could further argue that if he was to avoid making the call as per the statue, he would definitely lose his job and this would place him under financial downfall and affect his livelihood.
Assault and battery
In this case, Anne will sue for both assault and battery. In this case she will indicate and argue that Bob had caused him actual physical pain, anxiety and fear and trauma. The proof that Anne has been injured by the shot all but indicates physical contact and unprecedented harm. In Anne’s case she will recover for charges of harmful contact and in that case for damages and costs incurred in medical care that she received following the harm inflicted by the shot fired by Bob. In Steve’s case, he will sue for assault and battery too and indicate that the shot fired at Anne was meant to harm him and thus imminent threat to his life. He will argue that he has been subjected to emotional turmoil, fear and anxiety and in that case would seek damages for the psychological problem that has been subjected to him by Bob’s actions.
