Question

1- List and describe the different sources of American law and how they originate.

2- Briefly explain what is the difference between utilitarian and duty based ethics?

3- Discuss the differences and similarities between sole proprietorships and general partnerships as well as the advantages and disadvantages of one versus the other.

4- What is the difference between a de-jure and a de-facto corporation?

5- Discuss the role and powers of shareholders in a corporation. 6- What are the duties of the board of directors and how are they elected?

7- Discuss what type of conduct is prohibited and/or regulated by sections 1 and 2 of the Sherman Act.

8- Discuss the difference between patents and copyrights. 9- Discuss the meaning, applicability and the limitations of the doctrine of employment at will.

10- Discuss what does it mean to be Holder in Due Course (HDC), what are its benefits, and what are the requirements to qualify as an HDC.

11- What is a secured interest and what are the requirements for the creation of a secured interest?

12- Discuss the purpose, the similarities and differences of Chapter 7 and Chapter 13 types of bankruptcies.

Answer 1

ANS TO QUES 1)

Different sources of american law are-

A. The United States Constitution and the constitutions of the various states- The Constitution is known as “the supreme Law of the Land” and all other laws are subordinate to it. State constitutions resemble the federal Constitution in that they outline the state government's structure of legislative, executive and judicial branches.

B. Statutory Law (including laws passed by Congress, state legislatures, and local governing bodies)- Statutes are the laws enacted by legislative bodies at any level of government.

C. ADMINISTRATIVE LAW  (such as the United States Food and Drug Administration)-   Administrative law is considered a branch of public law. Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rule making, adjudication, or the enforcement of a specific regulatory agenda.

D. Case law -   Case law represents judicial opinions (Judicial opinions represent opinions written by judges on a particular case) Understanding case law can be difficult. It requires analytical skills. Such skills are acquired over time and after reading many cases.

E.books and articles - example legal encyclopedias.

Origination of AMERICAN LAWS

The law in USA came from GREAT BRITAIN (ENGLISH law). It is applicable at both state and federal levels. ENGLISH came America and settled there. So it's obvious that they made laws- they brought with them sets of rules and principles that they were going to practice there.
Now US laws have evolved from english law in terms of both procedure and substance.
In US laws a lot of civil law innovations have been done which were not earlier.