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socrateaser
socrateaser, Attorney (retired mostly)
Category: Writing Homework
Satisfied Customers: 34121
Experience:  I have worked as a writer in advertising and hi-tech industries, as well as in the legal profession.
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1. Explain the difference between statutory law and the common

Resolved Question:

1. Explain the difference between statutory law and the common law, including what effect each has on the other?


2. Bo and Nelson entered into a contract for Bo to deliver 1000 widgets to Nelson. The widgets had to be certified as “A” quality. The widgets were to be delivered on April 1, 2012. Unfortunately, Bo thought this was an April fool’s joke and did not deliver the widgets. As a result Nelson did not meet his contract obligations with Bo. Bo was going to use the widgets as a door prize at a charity fundraiser. In the contract between Bo and Nelson there is a provision that any disputes that arise between them must be first mediated and then if unresolved arbitrated. Nelson doesn’t wait and files a lawsuit against Bo for damages.

a. Explain the three difference between arbitration and mediation?
b. What can ____do?
c. Explain what the benefits might be for using ADR over traditional court proceedings.

3. Why is the ban on the advertisement of cigarettes on television constitutional and not a violation of the cigarette company’s First Amendment rights?

4. Sexy Rexy is driving his brand new red Prius in Orlando, Florida when Crazy Ricardo from Atlanta runs a red light and hits him broadside. AS a result of the accident Sexy sustains a concussion and has to be hospitalized at the Mouse Hospital. During the hospitalization the hospital staff takes Sexy to the operating room ( he was heavily sedated and didn’t understand what was happening). While in the operating room, the doctor mistook Sexy for another patient and amputated his right leg. Sexy was on vacation at the time. His permanent residence is in New York State. As a result of the accidents Sexy has a hospital bills exceeding $100,000. Where may Sexy sue either Crazy or Mouse Hospital and why?

5. Lucky Leah runs a garment manufacturing facility in Thailand, which provides her shops in the United States with beautiful clothes, which any woman with fashion sense wants to buy. Leah operates this factory by paying her workers a wage that is commensurate with the average Thai wage. Her youngest employee is ten years old and her oldest is 80. People in this factory work 60 hours per week, Monday through Saturday. Everything that Leah does in her factory is perfectly legal in Thailand. Under what ethical theory is Leah operating her factory. Is there an ethical construct which would find Leah’s practices unethical? What is it and why?
Submitted: 1 year ago.
Category: Writing Homework
Expert:  socrateaser replied 1 year ago.
1. Explain the difference between statutory law and the common law, including what effect each has on the other?

A: Statutory law is that which is enacted by the legislative branch of government (and in limited cases, by executive branch order). Common law is that which is declared by the courts of the judicial branch, as part of its opinion in a particular case, and which is used as precedent for future court decisions. Common law controls, wherever statutory law is silent or ambiguous. Under one exception, common law can overrule statutory law: where a court declares a statute unconstitutional, it becomes void -- of no further force or effect.

2. Bo and Nelson entered into a contract for Bo to deliver 1000 widgets to Nelson. The widgets had to be certified as “A” quality. The widgets were to be delivered on April 1, 2012. Unfortunately, Bo thought this was an April fool’s joke and did not deliver the widgets. As a result Nelson did not meet his contract obligations with Bo. Bo was going to use the widgets as a door prize at a charity fundraiser. In the contract between Bo and Nelson there is a provision that any disputes that arise between them must be first mediated and then if unresolved arbitrated. Nelson doesn’t wait and files a lawsuit against Bo for damages.

a. Explain the three difference between arbitration and mediation?

A: Mediation is nonbinding -- decisions are either agreed upon between the mediating parties, or there is no resolution of the dispute. Arbitration may be either nonbinding or binding upon the parties, dependent upon the parties' advance agreement. Mediation is informal, the mediator simply tries to help the parties settle their dispute. Arbitration operates similar to a court: the arbitrator acts as a neutral decision maker, and the parties present their case to the arbitrator for a decision. The record from a mediation is confidential. Only if the parties reach agreement does the agreement become know outside of the mediation. No evidence from the mediation is available for use outside of the mediation. Arbitration is also confidential, unless there is a dispute concerning the arbitrator's decision. If a dispute arises, either party can ask the court to resolve the dispute. However, the types of disputes which can be resolved are extremely limited. Generally, only a decision by the arbitrator which is fraudulent, corrupt, the result of arbitrator misconduct, or beyond the arbitrator's scope of authority, can the court set aside the arbitrator's decision.

b. What can ____do?

A: I don't know what the blank line represents (Bo, Nelson, Mediation, Arbitration, etc.)? Please advise.

c. Explain what the benefits might be for using ADR over traditional court proceedings.

A: ADR is typically faster and more cost effective. It also is outside of the "public eye." Parties are thus able to resolve their dispute more conveniently -- and without public inspection.

3. Why is the ban on the advertisement of cigarettes on television constitutional and not a violation of the cigarette company’s First Amendment rights?

A: Commercial free speech may be impaired where the restraint bears an substantial relationship to an important government interest. Protection of the public from a known toxic substance is an important interest, and advertising of the product has a substantial relationship to the ability of the government to protect the public from harm.

4. Sexy Rexy is driving his brand new red Prius in Orlando, Florida when Crazy Ricardo from Atlanta runs a red light and hits him broadside. AS a result of the accident Sexy sustains a concussion and has to be hospitalized at the Mouse Hospital. During the hospitalization the hospital staff takes Sexy to the operating room ( he was heavily sedated and didn’t understand what was happening). While in the operating room, the doctor mistook Sexy for another patient and amputated his right leg. Sexy was on vacation at the time. His permanent residence is in New York State. As a result of the accidents Sexy has a hospital bills exceeding $100,000. Where may Sexy sue either Crazy or Mouse Hospital and why?

A: Sexy must sue the hospital in Florida, because (1) Sexy's amputation occurred in Florida and (2) the hospital does business is in Florida. Sexy can sue Crazy in either Florida or Georgia, because (1) the accident occurred in Florida, and (2) Crazy lives in Georgia. Personal jurisdiction over a defendant must satisfy either (1) the "minimum contacts doctrine," which holds that a person must have contact with a jurisdiction such that the person has accepted the benefits of the jurisdiction sufficient to make it fair that he or she be hauled into court to defend a legal action; or (2) the personal service doctrine, which requires that the defendant must be served notice of a legal action within the territorial boundaries of the jurisdiction in which the court is sited.

Since Crazy lives in Georgia, he can be served notice therein. And, since Crazy was driving in Florida, he has accepted the benefits of the Florida highway system, and so he has minimum contacts with Florida. The hospital is located in Florida so it can be served therein. And, the amputation occurred in the hospital which has clearly accepted the benefits of Florida by serving the public therein.

5. Lucky Leah runs a garment manufacturing facility in Thailand, which provides her shops in the United States with beautiful clothes, which any woman with fashion sense wants to buy. Leah operates this factory by paying her workers a wage that is commensurate with the average Thai wage. Her youngest employee is ten years old and her oldest is 80. People in this factory work 60 hours per week, Monday through Saturday. Everything that Leah does in her factory is perfectly legal in Thailand. Under what ethical theory is Leah operating her factory. Is there an ethical construct which would find Leah’s practices unethical? What is it and why?

A:The ethical theory is that of laissez faire capitalism. Operating within the law of a jurisdiction satisfies the laws of that jurisdiction, therefore Leah's commercial activities are legal, and it is entirely up to the members of the jurisdictions where such conduct is illegal to decide whether or not to buy Leah's products. If the products sell, then the market has decided that Leah's conduct is ethical, despite it being illegal in the target jurisdiction.

Hope this helps.
socrateaser, Attorney (retired mostly)
Category: Writing Homework
Satisfied Customers: 34121
Experience: I have worked as a writer in advertising and hi-tech industries, as well as in the legal profession.
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