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Bussiness Law not Finance 1. How does the case of Superior Savings Association v. City of Cleveland support or contradict the core legal principle of
Bussiness Law not Finance
1. How does the case of Superior Savings Association v. City of Cleveland support or contradict the core legal principle of stare decisis? Explain. 2. The judge in this case relies on the Supreme Court case Louisville Joint Stock Bank v. Radford to outline five property rights in a mortgage on real propertht that cannot be taken from a mortgagee by the government absent a following of the due process rights guaranteed by the Fifth Amendment. What are those five rights? Explain. 3. The judge also relies on Paul v. Davis, another Supreme Court case, this time to determine what property interests emerge from the 14th Amendment. What is that (are those) interest(s)? Explain. 4. As noted previously, the judge applies the 14 th Amendment to this case to reach a conclusion. Why is it necessary to use the 14 th Amendment when the Fifth Amendment already guarantees that private property will not be taken by the government for public use without due process? Explain. 5. In \( \lcm{4} \) Chapter 2 of this book, we learned that the framers added certain safeguards to the Constitution that were designed to insulate the leadership of the new republic from the influence of the people. Do the due process provisions in the Fifth and 14th Amendments support or discredit that supposition? Explain. 6. According to the judge in this case, in addition to the protections afforded by constitutional law. what other legal protections might exist for a mortgagee such as Superior Savings? Explain. 7. Would the outcome in this case have been any different had the financing for the bullding at 6802 Superior Avenue been negotiated as a land contract instead of a conventional mortgage? Explain. 8. What was the net effect of recording the mortgage, and how did that affect the outcome of this case? (Or did it?) Explain Step by Step Solution
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