Question
Topic: The highest court in the United States of America is the Supreme Court. The Supreme Court is always thrust in front of our faces
Topic:The highest court in the United States of America is the Supreme Court. The Supreme Court is always thrust in front of our faces when there is a vacancy. Over the last few years, there have been three new appointments to the Supreme Court; Justice Kavanaugh, Justice Barrett, and Justice Brown Jackson.As we all know, the nomination for such a prestigious seat is very political. I want to explore this in the context of business. Should businesses be concerned as to who it appoints to the highest court of the land? We can assume that major corporations should be concerned, but what about our little "Mom and Pop" businesses? These are some things that I want you to think about prior to writing this final paper. We study cases all semester, but I find many students do not understand how the law is applied by the Courts. You will explore this and apply this to your writing.Parts I - III Guided Research - The following questions should be answered within your paper.Examine the highest court of law in the United States and address the following:
- I was once told that Supreme Court Judges were supposed to be neutral and fair. If this is so, and you are in business why does it matter if it is a Republican nominee or a Democratic nominee, does it really matter? What is the fuss all about? Explain with factual information not just your random opinion.
Part I:
- We know that there are several layers to our court system, but how does a case end up before the United States Supreme Court for review?
- Does the United States Supreme Court make the laws and/or merely apply the laws? Explain
- How does a Court apply the law? Explain
- What is a Landmark case? Explain
- What is "originalism", and how may it be use by a Supreme Court Justice? Explain
- What is a "pragmatic" approach, and how may it be use by a Supreme Court Justice?
- Explain what an Amicus Curiae brief is and how it may be used by a Justice.
- How are final decision made by the United States Supreme Court?
- Can anyone other than the Supreme Court change a final US Supreme Court decision? Explain
Part II:Research TWO United States Supreme Court cases that have involved business activities (examples: employment and labor, contract, white collar, regulatory, intellectual property). The cases must have been decided between 2016 and 2022. Please note: The cases you present must involve business issues reviewed by the United States Supreme Court that DIRECTLY relate to business. Address the following:
- Identify what proposed area(s) of law have been violated.
- Provide the details of the case.
- Identify the final decision, and explain the rationale behind the final decision made by the US Supreme Court.
Part III: The ConclusionThis paper should be concluded by addressing the question as I presented in the narrative above.............Why should ALL business owners, large and small, be cognizant of how laws are interpreted and applied within the United States Supreme Court?
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