As China and formerly Communist nations move toward free enterprise, they must develop a new set of business laws. Please discuss the following: 1) If you could start from scratch, what kind of business law system would you adopt -a civil law system or a common law system, and why? 2) What kind of business regulations would you impose?

(01.06, 01.07 HC) In 1984, Congress enacted legislation ordering the Secretary of Transportation to withhold 5 percent of federal highway funds from states that did not adopt a 21-year-old minimum drinking age. South Dakota, a state that permitted persons 19 years of age to purchase alcohol, challenged the law. In South Dakota v. Dole (1987), the Court delivered a 7 to 2 decision that held that Congress, acting indirectly to encourage uniformity in states' drinking ages, was within constitutional bounds. The Court found that the legislation was in pursuit of "the general welfare," and that the means chosen to do so were reasonable. The Court also held that the constitutional limitations on spending power were not prohibitions on congressional attempts to achieve federal objectives indirectly. The 5 percent loss of highway funds was not excessive. Source: Oyez, South Dakota v. Dole (1987) (A) Identify the constitutional clause that is common to both South Dakota v. Dole (1987) and United States v. Lopez (1995). The constitutional clauses that were infringed upon in the cases above include the Commerce Clause and the Spending Clause.Tests to prove intent - Purposeful versus Substantial Certainty Intent 1. What are the tests for intent from Garratt v Dailey? 2. HYPO 1 (Use the tests regarding intent extracted from Garratt v Dailey to resolve this HYPO) Suppose Del Duffus, who is a 6'5", 280 lb. dockworker, is introduced to Tiny Tim, who is 5' tall and weighs 110 lbs. Mr. Duffus shakes Mr. Tim's hand so hard that it dislocates his shoulder. Can Mr. Tim Recover Damages from Mr. Duffus for a Battery? What is Duffus' specific conduct that may be actionable? In other words, What did Duffus do ay expose him to liability for battery? 3. HYPO la. Suppose Mr. Tim suffers from osteoporosis and that Mr. Duffus knows this. Does this change the outcome of hypo 1