Legal Environment of Business: FALL 2017 Professor Wapner SEPTEMBER 25th EXAM #1 INSTRUCTIONS: This is an Open Book/Notes EXAM. ** Your responses MUST be TYPED and MUST INCLUDE your NAME and SECTION Number (003 or 005). You are to TYPE your Name at the bottom of EACH PAGE where indicated. Email the completed EXAM back to me NO LATER THAN 5 p.m., Monday, September 25th. ** NOTE: Responses MUST BE in your own words and reflect your own ideas. ACADEMIC HONESTY POLICY of Temple University. Failure to adhere to this requirement will result in entry of a grade of 'F' and the matter will be forwarded for Student Discipline Investigation. GRADING: Based on #1 accuracy of your response and #2 the clarity, completeness, and organization of your responses. EXAM QUESTIONS: QUESTION No. 1: IDENTIFY the FIVE SOURCES OF LAW: a. Constitutional Law c. Common Law b. Statutory Law d. Law of Equity STUDENT NAME and SECTION No_______ ______Jongho Lee _005__________ _______.: September 25, 2017 Page 1 e. Administrative Law QUESTION No. 2: Article IV, Section 1 of the United States Supreme Court states: \"Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.\" A. What is the importance of Article IV, Section 1 to commercial transactions? ______________________________________________________ ______________________________________________________ ______________________________________________________ _____________________________________________________. B. Provide two specific examples of a 'public record' in support of your response to 'A' above: i. ii. _____________________________________________________________________ _____________________________________________________________________ ____________________________________________________________________. _____________________________________________________________________ _____________________________________________________________________ ____________________________________________________________________. STUDENT NAME and SECTION No_______ ______Jongho Lee _005__________ _______.: September 25, 2017 Page 2 QUESTION No. 3: Executive Power set forth under Article II of the federal Constitution requires that the Chief Executive (e.g., the U.S. President) take an OATH OF OFFICE to, among other things, uphold the laws and Constitution of the Nation. President Trump issued his first PARDON under his Article II power to do so. WAS PRESIDENT TRUMP'S recent pardon of Arizona local sheriff Joe Arpaio a violation of the President's OATH OF OFFICE? If 'yes,' why? .... If 'no,' why not? I think it was a definite violation of the president's oath of office. In 2007, Arizona local sheriff Joe Arpaio detained a Mexican for 9 hours who was driving with valid visitor's visa just because Arpaio judged the Mexican can be an illegal immigrant. The Mexican sued him under the reason of racial profiling and the court said that incomplete document problem is not a violation of criminal law but a violation of civil law. The court judged that Arpaio has no right to judge immigration law and ordered him to stop detaining. However, Arpaio openly declared that he would not comply with the court's order and repeated his act of detaining. This is intentional insult to the court. But, the president Trump used his pardon power to Arpaio. What Arpaio did was an act that plunged an authority of the judiciary that is one axis of checks and balances in the United States Constitution. The president swore, in the oath of office, that he will do best of his ability to preserve, protect, and defend the constitution of the United States. Yet, using pardon to Arpaio was a huge contradiction with the oath of office. QUESTION No. 4: The United States Constitution establishes 3 separate branches of the Country's government. Which Branch is granted the power to declare laws unconstitutional? STUDENT NAME and SECTION No_______ ______Jongho Lee _005__________ _______.: September 25, 2017 Page 3 Judicial Branch QUESTION No.5: In the case of United States v Nixon, the United States Supreme Court was called upon to decide whether President Nixon was required to produce for inspection in the lower court tape recordings of conversations made in the Oval Office of the White House between himself and his aides. A. Which two Articles under the United States Constitution did the Supreme Court have to balance in that decision? Article 4 Article 3 and B. How did the Supreme Court define the scope of a president's 'executive privilege'? Supreme court unanimously judged that even though executive privilege is a legitimate presidential power, it is not an absolute power. Under the criminal investigation where the evidence is needed to secure the justice, the President must turn over the tape recorded in the Oval Office by the constitutional balancing test. C. Why did the Supreme Court reject the President's claim that the taped conversations were protected from disclosure by Executive Privilege? Because the president's claim about executive privilege was lack of jurisdiction and could not satisfy the requirement of Rule 17. QUESTION No. 6: STUDENT NAME and SECTION No_______ ______Jongho Lee _005__________ _______.: September 25, 2017 Page 4 In 1942, the United States Supreme Court famously decided in the case of Betts v Brady that poor people did not possess a Constitutional right to legal counsel in a State criminal prosecution. Later, in 1963, the Supreme Court overruled its Betts decision in Gideon v Wainwright, holding instead that the U.S. Constitution requires that State governments provide legal counsel in all criminal cases to any defendant who is financially unable to afford to pay for an attorney. In 1989 in Stanford v. Kentucky, the United States Supreme Court held that the execution of 16 and 17yearold offenders was not constitutionally barred. In 2005, the Supreme Court held in Roper v Simmons that the Eighth and Fourteenth Amendments to the Constitution forbid the execution of offenders who were under the age of 18 at the time their crimes were committed. A. DEFINE: 'constitutional relativity.' Constitution can be interpreted differently according to its time, culture, or background. B. Explain how 'constitutional relativity' might have played a role in the Court's reversals of its earlier decisions: As time goes by, cultures and historical backgrounds of countries have updated and it would contribute to the change of the attitudes and values of the societies. Therefore, judges will decide whether a case is legal or illegal based on current attitudes and values of the societies that they pursue. For example, in the time when a king governed a country, king has an absolute power even though they should consider the public's life. Thus, it is reasonable to execute for treason. However, in the present time, even though there is a president, the highest position in a country, who was voted by public, the owner of the country is public, not the president. In this context, the execution for treason is relatively less reasonable because the criminal is also one of the public. QUESTION No. 7: As we discussed in class, the county clerk in Kentucky who refused to issue marriage licenses to gay couples was held in contempt of court by a federal district court judge and sent to jail until she agreed to allow her Office to issue marriage licenses to gay couples. Under which Article of the United States Constitution can a federal court order a State employee to comply with federal law? STUDENT NAME and SECTION No_______ ______Jongho Lee _005__________ _______.: September 25, 2017 Page 5 Article 6 QUESTION No. 8: Describe how 'Gerrymandering' threatens democracy: Gerrymandering means to suppress voters of other parties by redistributing the electoral districts. This redistricting violates the 14 th Amendment that indicates the equal protection clause. If the gerrymandering is constantly occurred, voting would be meaningless and elected officials will not represent the best interest of public any more. Rather, they will work for themselves. If the situation is happened, the country will be slowly communized. Therefore, we ought to try our best to make voting districts competitive, and help to be harmonized between republicans and democrats. QUESTION No. 9: Identify 2 powers held by the Legislative Branch as a 'check' on the powers of the Executive Branch: a. Legislative Branch can override presidential veto. b. Legislative Branch can impeach and remove president. QUESTION No. 10: Why did the framers (e.g., authors) of the Constitution limit the ability of the individual States to enter into treaties with foreign governments? Because if all the individual states had different treaties with foreign governments, each state would be look like a confederation of the states that pursues respective goals rather than a nation. STUDENT NAME and SECTION No_______ ______Jongho Lee _005__________ _______.: September 25, 2017 Page 6 QUESTION No. 11: Why did the framers (e.g., authors) of the Constitution grant authority to the federal courts to hear disputes between residents of different States? __________________________________________________________ __________________________________________________________ __________________________________________________________ _________________________________________________________. QUESTION No. 12: State the difference between 'law' and 'equity' as those terms are used in Article III of the Constitution: Law is the core rules that judge the activities of people. It is regulated by government and enforced by courts. Equity is supplement of the law that follows fairness and natural law. It is applied when there is a disagreement of applying a common law and the result is up to the judges' discretion. STUDENT NAME and SECTION No_______ ______Jongho Lee _005__________ _______.: September 25, 2017 Page 7