Fitchburg State University Business Law & The Legal Environment Review Questions

NOTE +++IF YOUR TEXT DOES NOT HAVE END OF CHAPTER QUESTIONS,YOU MAY SUMMARIZE EACH CHAPTER IN DEPTH, THAT MEANS ALL
CHAPTERS 1,2,3,4, 5 and 6
EXAM worth 25 points.
READ ALL OF THE DIRECTIONS OR POINTS WILL BE DEDUCTED.
DO NOT SEND ATTACHMENTS
NO ATTACHMENTS, PLEASE COPY AND PASTE THE WORK ONLY!
Grades will be final and I will not discuss the grade or
change a grade under any circumstances.
Work alone.
Email it back by copy and pasting it in an email in the course email , no attachments
please
IMPORTANT NOTES:
NO ATTACHMENTS, PLEASE COPY AND PASTE THE WORK ONLY!
IF YOUR CLASS HAS A DROPBOX THAT IS THE MAIN AREA TO SUBMIT THE
EXAM, IF WE HAVE AN IN CLASS EMAIL PLEASE USE THAT BUT DROPBOX
IS THE MAIN SUBMISSION. Emailed papers to my private email will not count. NO
ATTACHMENTS, please copy and paste all work. If I cannot open it I will not
GRADE IT. I will not accept ANY late work.
FOLLOW THE DATES IN THE SYLLABUS ONLY!
YOU HAVE till the date listed on the syllabus to email it back to me. Good luck!
SEE ATTACHED. USE APA FORMAT
Please email me with any questions. DO NOT WORK WITH ANYONE! Put time into it
and go IN DEPTH!
Please apply Primary sources, journals, articles, etc.
The Midterm is essay/short answer. Use the readings, the discussion board posts, real life
experiences and what we have discussed this term. Work hard and you will excel! I am
looking forward to seeing your work! Remember to cite the textbook, go in depth. The
more you put into it the better you will do. 1-4 sentences will not due and your grade will
reflect the work you put in. Cite the book, articles, and any other means such as
experiences to expand on your thoughts. I gave you samples of the in depth and citing
I am looking for below. DO NOT DO A QUESTION YOU HAVE ALREADY
DONE THIS TERM OR IT WILL NOT COUNT.
NOTE +++IF YOUR TEXT DOES NOT HAVE END OF CHAPTER QUESTIONS,
YOU MAY SUMMARIZE EACH CHAPTER IN DEPTH, THAT MEANS ALL
CHAPTERS 1,2,3,4, 5 and 6
Good Luck!
COVERS CHAPTERS 1,2,3,4,5, and 6
GRADE
To calculate your grade, divide the number I gave you by the total Amount of points
possible (25) That will be your score.
IMPORTANT NOTES:
NO ATTACHMENTS, PLEASE COPY AND PASTE THE WORK ONLY!
IF YOUR CLASS HAS A DROPBOX THAT IS THE MAIN AREA TO SUBMIT THE
EXAM, IF WE HAVE AN IN CLASS EMAIL PLEASE USE THAT BUT DROPBOX
IS THE MAIN SUBMISSION. Emailed papers to my private email will not count. NO
ATTACHMENTS, please copy and paste all work. If I cannot open it I will not
GRADE IT. I will not accept ANY late work.
PLEASE SUBMIT THE EXAM VIA EMAIL TO ME at the course email. Please paste
the exam into the email, do not USE ATTACHMENTS! Preferably in the COURSE
EMAIL
HERE ARE SOME EXCELLENT SAMPLE EXAM RESPONSES:
YOU MUST COMPLETE ALL 6 QUESTIONS, NOT ONLY 1
SAMPLE RESPONSE 1
In Chapter 7, I would like to go over the 2nd question on page 377. Abrams asks
us if were to represent Reid, would we have been willing to sign the requested
affirmation as talked about in the case. Personally I would not have signed the
affirmation either. Under the Special Administration Measures, (SAMs) ass it applies to
this case would have made it possible for the Co-council or the other lawyers and
attorneys to speak with Reid without Reid’s attorneys being present. Why would you as
Reid’s defense allow this to happen willingly?
This break in communication due to the SAMs between client and Attorney goes
against the 6th Amendments right to council in a criminal case. So I believe they made the
right choice by not signing and I would have done the same. To not allow Reid to consult
with his attorneys truly is a violation on the proper way we perform defense for council.
The attorneys are subordinate to the laws of the court in every aspect and must abide by
them. They cannot begin to utilize procedure twisting it to compliment their agenda.
In chapter 8, Abrams asks the reader what the implications were to Judge Robertson’s
conclusion on the issue of defendant’s access to classified information as affirmed in the
Court of Appeals or the Supreme Court. Basically Judge Robertson concluded that
excluding the defendant from a hearing room when classified information or evidence
that is being presented is a major flaw for the military commission because the defendant
would not be informed of that information properly. The mere fact that Detailed Defense
Council who did have security clearances that were eligible to be present and hear the
information would not be enough to protect the defendant’s rights. Ultimately the
government has a choice to make. If the Preceding military judge determines that
alternatives may not be used and the government objects to disclosure of information,
then by that time the conflict created by the need of the government to protect classified
information and the defendant’s right to be present has no resolve. The only options left
are to strike the testimony of a witness or declare a mistrial. If the evidence has no
revalance or meaning to the defense then the charges must be dismissed. I honestly
believe that this is a fair and honest approach to such a dilemma.
References
Moscowitz, J., Tedlie, E., Elissa S. & Acree, M. (2008). Positive affect uniquely predicts
lower risk of mortality in people with diabetes. Health Psychology, 27(1, Suppl),
S73-S82.
Nunner-Winkler, G. (2007). Development of Moral Motivation from Childhood to Early
Adulthood. Journal of Moral Education, 36(4), 399-414.
Newsom, J. & Mahan, T.L. (2008). Stable negative social exchanges and health. Health
Psychology, 27(1), 78-86.
O’Brien, G. (n.d.). What are the principles of adult learning? Retrieved January
21, 2007, from http://southernhealth.org.au/cpme/articles/adult_learning.htm
Santesso, D. & Segalowitz, S. (2008). Developmental differences in error-related
ERPs in middle- to late-adolescent males. Developmental Psychology, 44(1), 205217.
Weingart, L. & Brett, J. (2007). Conflicting social motives in negotiating groups.
Journal of Personality and Social Psychology, 93(6), 994-1010.
Wilson, D.K. (2008). Commentary for Health Psychology special issue: Theoretical
advances in diet and physical activity interventions. Health Psychology, 27(1, Suppl), S1S2.
SAMPLE RESPONSE 2
In the second edition of Anti-Terrorism and Criminal Enforcement, intelligence Reform
and Terrorism Prevention Act, begins in Chapter 2. Chapter 1 mainly focuses on the
introductory of this book. Also he gives us so it gives us significant places and examples
that are found in the book. Chapter 1 includes that the main emphasis is placed on this
book is to tell us about domestic laws in the United States.
We examine legal definitions laws and bylaws that have made terrorism laws what it
is today. Identify with the USA Patriot Act, it examines the different languages, it also
shows us the world after 9/11. Chapter 1 is divided into parts, Introduction, Overview,
introduction gives us US war on terrorism and I how it came about, and all those who are
involved, overview shows us just how America is going about fighting this new war.
In this book as Chapter one indicates we will examine the legal category of terrorism’s
and the definition of terrorism, terrorist, and related terms and phrases. Foreign policies
that will interpret just what happens in other countries because a terrorist. Also it will
discuss what American agents rules are in foreign countries, and also this book will focus
on the Pentagon, Congress, Commander-in-Chief of United States in their roles in this
war.
Intelligence Reform and Terrorism Prevention Act added a new section 222 (5301) to
the Immigration and Nationality Act. The Intelligence Reform and Terrorism Prevention
Act sets out detailed statutory requirements for persons interviewing for visa application
for the first time. This new provision is interpreting advisory with respect to foreign
diplomats and officials. In other words the department’s regulations permitting
exemptions from interviews for certain diplomats and officials remain in effect. This act
is mainly centered on keeping terror style of his country
Section 5301 also under this particular act a person must be an interview if they are
between the ages of 14 and 79 unless they are eligible for a waiver. Also under 5301
section 222 give the Secretary of State waive their rights. In the signing statement
President George W. Bush made it clear that his administration would treat 5301 as
advisory.
Therefore the department regulations permitting exemptions from interviews for
persons in certain categories and classifications. This act does not give one person
authority to make decisions on their own. President Bush indicated that this would be
and advisory. The classifications that are exempt from interviews under 5301 section 222
are as followed: A-1, A-2, C-2, C-3 and so on. My understanding is that section 222 is
just advisory, to give diplomatic people special privileges. I don’t see where it affects the
war on terrorism; it looks like bureaucracy, someone trying. President Bush signed a bill
that is very iffy; it has no control over the outcome of the war on terrorism. If we are to
win this war we must put forth a better effort, wasting vital energy and time doing
nothing. 9/11 triggered the US attack on terrorism, it started several decades ago, but it is
now on the move. Following the attack on the Pentagon the twin Towers in New York
the war on terrorism took a new turn. I believe that Congress, United States government,
Commander-in-Chief Bush must share the power to reach a common goal, that goal is
destroying terrorism domestic a worldwide.
References
Moscowitz, J., Tedlie, E., Elissa S. & Acree, M. (2008). Positive affect uniquely predicts
lower risk of mortality in people with diabetes. Health Psychology, 27(1, Suppl),
S73-S82.
Nunner-Winkler, G. (2007). Development of Moral Motivation from Childhood to Early
Adulthood. Journal of Moral Education, 36(4), 399-414.
Newsom, J. & Mahan, T.L. (2008). Stable negative social exchanges and health. Health
Psychology, 27(1), 78-86.
O’Brien, G. (n.d.). What are the principles of adult learning? Retrieved January
21, 2007, from http://southernhealth.org.au/cpme/articles/adult_learning.htm
Santesso, D. & Segalowitz, S. (2008). Developmental differences in error-related
ERPs in middle- to late-adolescent males. Developmental Psychology, 44(1), 205217.
Weingart, L. & Brett, J. (2007). Conflicting social motives in negotiating groups.
Journal of Personality and Social Psychology, 93(6), 994-1010.
Wilson, D.K. (2008). Commentary for Health Psychology special issue: Theoretical
advances in diet and physical activity interventions. Health Psychology, 27(1, Suppl), S1S2.
SAMPLE RESPONSE 3
On the 25th day of November 2002 President Bush signed into law Homeland Security
Act, which established a new Department of Homeland Security. Initially it looked as
though the department created by new legislation would easily make the Congress; it was
a political fight to the end. The Senate fought from July to November 2002 to exempt the
new employees from federal protection. Homeland Security Act altogether had 170,000
employees and a budget 30 billion dollars.
In addition to adding the Coast Guard, and Secret Service, it also added federal
immigrations bureaucracy and transferred it into the new Department. After 9/11 many
in Congress criticized the Immigration and Naturalization Services for allowing the
hijackers to enter the country and use the planes to attack the twin Towers.
After the birth of Homeland Security Act there came several more, legislation to help
improve our safety. America began increasing in its border protection, developed plans
to help patrol and improve patrolling Mexico- US borders. It also tightened patrol
between Canada-US borders. On March 1, 2003 the Department of Homeland Security
through the Directorate of Boarder and Transportation Security, took responsibility for
securing our nation’s borders and transportation system, which straddle 350 official ports
of entry and connect our homeland to the rest of the world.
On December 17, 2004, President Bush signed into effect a 600 page Intelligence
Reform and Terrorism prevention Act which had passed overwhelmingly by Congress
and the House. This legislation was introduced into Congress in response to a report
from the National Commission on Terrorist Attacks on the United States during 9/11.
The recommendation by this committee have 41 parts, each to create a national
intelligence director to oversee the government is 15 intelligence agencies. This
legislation stalled and there are many concerns about this portion of the National
Commission on Terrorist Attacks. Especially the one where they wanted one person to
be over the whole intelligence field.
Judge Posner criticize the idea of a national intelligence czar mainly on the ground
that it would not solve the problems of our intelligence apparatus, but he omitted one
possible big concern about the creation of this new position. In August before the IRTPA
was passed, Judge Richard Posner of the United States Court of Appeals for the Seventh
Circuit commented on the 9/11 Commission’s Report and recommendations and specific
criticism the commission’s recommendation to centralize authority over federal
governments multiple intelligence operation in a single person. Judge Posner expressed
his views that the absence of a single head of intelligence was not the reason that
information was a put together. Judge Posner argued that the reason why the information
relating to the terrorist 9/11 plans were not together, because all the dots are not
connected.
Judge Posner indicated that centralization would probably extend the time it takes for
intelligence analysts to reach the president, reduce the diversity and help competition in
assembling and analyzing intelligence information and deprive the president of
alternative interpretations of ambiguous and incomplete data. The seventh circuit court
judge also predicted conflict between the new national head of intelligence at the cabinet
officials concerned with intelligence. Judge Posner realize that this new head would be
in major conflict with, the United States Attorney General, United States Secretary of
Defense, the chairman of the Joint Chiefs of Staff’s, and Homeland Security, and the
National Security Adviser. Judge Posner had a very legitimate criticism, of putting so
one else over this new office. In my view I believe it would cause major conflicts,
intelligence would be compromise is and on national security would be threatened.
References
Moscowitz, J., Tedlie, E., Elissa S. & Acree, M. (2008). Positive affect uniquely predicts
lower risk of mortality in people with diabetes. Health Psychology, 27(1, Suppl),
S73-S82.
Nunner-Winkler, G. (2007). Development of Moral Motivation from Childhood to Early
Adulthood. Journal of Moral Education, 36(4), 399-414.
Newsom, J. & Mahan, T.L. (2008). Stable negative social exchanges and health. Health
Psychology, 27(1), 78-86.
O’Brien, G. (n.d.). What are the principles of adult learning? Retrieved January
21, 2007, from http://southernhealth.org.au/cpme/articles/adult_learning.htm
Santesso, D. & Segalowitz, S. (2008). Developmental differences in error-related
ERPs in middle- to late-adolescent males. Developmental Psychology, 44(1), 205217.
Weingart, L. & Brett, J. (2007). Conflicting social motives in negotiating groups.
Journal of Personality and Social Psychology, 93(6), 994-1010.
Wilson, D.K. (2008). Commentary for Health Psychology special issue: Theoretical
advances in diet and physical activity interventions. Health Psychology, 27(1, Suppl), S1S2.
SAMPLE RESPONSE 4
Question 7 Page 380
Yes I would proceed. But I would review all the conditions of 501.3 to ensure my
client’s status as defined is correct. First, I would review the evidence that categorize my
client as a substantial risk and how his communication or contact with others could result
in death or serious bodily injury to others. I would review the procedures for monitoring
and stated in 501.3 “to the extent determined to be reasonable necessary for the purpose
of deterring future acts of violence or terrorism”. This is very important in that excessive
monitoring if not justified could destroy attorney-client privilege. I would review any
special restrictions to insure they are necessary and require justifications. Lastly, insure
that the 501.3 conditions will allow a fair trail for my client. The protections of the Sixth
and Fourth Amendments must be insured to a level that would provide a fair trail. All
these conditions must be review before I would proceed.
Question 2 Page 436
As a result of Supreme Court decisions in June 2004 (Hamdan v. Rumsfeld), the U.S.
Government on July 7, 2004, established the Combatant Status Review Tribunal (CSRT)
process at U.S. Naval Base Guantanamo Bay, Cuba. The CSRT process supplements the
Department of Defense’s already existing screening procedures and provides an
opportunity for detainees to contest their designation as enemy combatants, and thereby
the basis for their detention. This decision is consistent with the Supreme Court guidance
applicable to situations involving U.S. citizens. The Supreme Court has held that the
habeas review traditionally allowed in the context of military tribunals does not determine the
guilt or innocence of the defendant, nor does it examine the adequacy of the evidence. The
implications are clear that detainees are allowed to some extent of due process and this can
directly affect how detainees are processed, and how long detainees are detained with habeas
corpus.
Question 2 Page 511
The issue of security clearance for council is not a bad idea and has been used United
State v. Smith, 899 F.2d 564 (6th Cir. 1990). The problem is that the Justice Department
becomes both the judge and the jury. The same department that is determining if council
is acceptable for security clearance is the department that is building the case against the
defendant. The answer to this is simple. An independent committee, contractor, or
agency should have the ability to check security clearances for legal council. The Justice
Department doe not have to perform the security checks. A private contractor or an
agency not associated with the Justice Department can perform these security clearances
without comprising national security. This will allow fair and impartial review of legal
council for security clearances and insure that there is not even an appearance of conflict
of interest in the process. This would protect a client’s right to council as stated in the
Sixth Amendment. Every effort should be made to protect national security, but also
allow a fair and impartial trial for a defendant.
References
Moscowitz, J., Tedlie, E., Elissa S. & Acree, M. (2008). Positive affect uniquely predicts
lower risk of mortality in people with diabetes. Health Psychology, 27(1, Suppl),
S73-S82.
Nunner-Winkler, G. (2007). Development of Moral Motivation from Childhood to Early
Adulthood. Journal of Moral Education, 36(4), 399-414.
Newsom, J. & Mahan, T.L. (2008). Stable negative social exchanges and health. Health
Psychology, 27(1), 78-86.
O’Brien, G. (n.d.). What are the principles of adult learning? Retrieved January
21, 2007, from http://southernhealth.org.au/cpme/articles/adult_learning.htm
Santesso, D. & Segalowitz, S. (2008). Developmental differences in error-related
ERPs in middle- to late-adolescent males. Developmental Psychology, 44(1), 205217.
Weingart, L. & Brett, J. (2007). Conflicting social motives in negotiating groups.
Journal of Personality and Social Psychology, 93(6), 994-1010.
Wilson, D.K. (2008). Commentary for Health Psychology special issue: Theoretical
advances in diet and physical activity interventions. Health Psychology, 27(1, Suppl), S1S2.
SAMPLE RESPONSE 5
Question 2-1
Two parties which are involved in an arbitration, “in which an arbitrator (a neutral third
party or panel of experts) hears a dispute and renders a decision,” can decide if this
decision will be legally binding or nonbinding (Clarkson, Miller, Jentz, & Cross, 2006,
p.43). These two parties give the arbitrator the agreed upon power. If they agree upon a
legally binding contract, then the arbitrator’s decision will be final. The book states that
“usually, the parties in arbitration agree that the third party’s decision will be legally
binding” (Clarkson, Miller, Jentz, & Cross, 2006, p.43). As a result, a party cannot
complain if the decision is not in its favor because both parties have given the arbitrator’s
decision “the force of law and [this decision is] binding on the parties involved”
(Clarkson, Miller, Jentz, & Cross, 2006, p.49).
The book also states that “in some respects, formal arbitration resembles a trial” and the
arbitrator’s decision is called an award (Clarkson, Miller, Jentz, & Cross, 2006, p.43). In
such a formal arbitration, “the parties may appeal an arbitrator’s decision” (Clarkson,
Miller, Jentz, & Cross, 2006, p.43). However, the book clearly states that such an “award,
will be set aside only if the arbitrator’s conduct of ‘bad faith’ substantially prejudiced the
rights of one of the parties, or if the arbitrator exceeded her or his powers” (Clarkson,
Miller, Jentz, & Cross, 2006, p.43). Thus such an appeal is seldom successful.
I think everyone who agrees to a legally binding decision will know that once the
decision is made, it is final. Therefore, it is important that the two parties write the
agreement, whether it is legally binding or nonbinding, on paper so that none of them can
try to reverse the agreement by saying it was different.
Reference
Clarkson, K. W., Miller R.L., Jentz, G. A., & Cross, F. B. (2006). West’s Business Law
Text and Cases: Legal, Ethical, International, and E-Commerce Environment (10th ed.).
Mason, Ohio: Thomson.
Question 3-5
In my opinion, federal law, which “prohibits discrimination against an otherwise
qualified person with a disability when that person could be accommodated without too
much difficulty,” should not apply to the jury selection process (Clarkson, Miller, Jentz,
& Cross, 2006, p.74). I think parties should not be prohibited during voir dire to exclude
blind persons from serving as jurors, because these blind persons will not be able to see
important evidence, which will be used to reach a verdict. No matter how many or how
difficult accommodations will be made for a blind person, he or she will still not be able
to see any evidence or non verbal language, such as facial expressions. Therefore, there
are no “reasonable accommodations” that can be made to allow a blind person to serve as
a juror (Clarkson, Miller, Jentz, & Cross, 2006, p.74). This leads to the conclusion that
the exclusion of people with physical or mental disabilities, such as blind people, is not
discriminatory, because these people are not qualified to be jurors. Hence, even if federal
law would apply to the jury selection process, the exclusion of blind people would not
violate it.
It would be something different if a party challenges a juror “for cause – that is, provide a
reason why an individual should not be sworn in as juror,” such as for discriminatory
challenges based on racial criteria or gender (Clarkson, Miller, Jentz, & Cross, 2006,
p.64). This is forbidden because it is truly discriminatory. It would be the same for
peremptory challenges. However, it would be more difficult to prove that these
challenges are discriminatory because a party does not have to provide “any reason for
excluding” prospective jurors (Clarkson, Miller, Jentz, & Cross, 2006, p.64).
If I would be a blind person, I would not even want to be a juror, because I know that the
disability to see will hinder me to reach a fair decision. As a result, I would ask the judge
to be excused. I think that many people feel the same way and do not want to be a reason
for an unfair verdict.
References
Moscowitz, J., Tedlie, E., Elissa S. & Acree, M. (2008). Positive affect uniquely predicts
lower risk of mortality in people with diabetes. Health Psychology, 27(1, Suppl),
S73-S82.
Nunner-Winkler, G. (2007). Development of Moral Motivation from Childhood to Early
Adulthood. Journal of Moral Education, 36(4), 399-414.
Newsom, J. & Mahan, T.L. (2008). Stable negative social exchanges and health. Health
Psychology, 27(1), 78-86.
O’Brien, G. (n.d.). What are the principles of adult learning? Retrieved January
21, 2007, from http://southernhealth.org.au/cpme/articles/adult_learning.htm
Santesso, D. & Segalowitz, S. (2008). Developmental differences in error-related
ERPs in middle- to late-adolescent males. Developmental Psychology, 44(1), 205217.
Weingart, L. & Brett, J. (2007). Conflicting social motives in negotiating groups.
Journal of Personality and Social Psychology, 93(6), 994-1010.
Wilson, D.K. (2008). Commentary for Health Psychology special issue: Theoretical
advances in diet and physical activity interventions. Health Psychology, 27(1, Suppl), S1S2.
SAMPLE 6 RESPONSE
PLEASE SELECT 1 (ONE) END OF CHAPTER QUESTION FROM CHAPTER 7. RESPOND TO
THE QUESTION IN DEPTH. Choose a question that you did not choose throughout the
term for the discussion Board questions. Apply them to your real life experiences, society
or how you may act in that case. Please go in depth with responses.
Case 7-5
I feel Baldwin would be in the class of persons protected by the regulation. And I
also feel GTE South, Inc. placement of the telephone booth constitutes
negligence per se. Baldwin will be able to “prove that (1) the statute clearly sets
out what standard of conduct is expected, when and where it is expected, and of
whom it is expected; (2) that he or she is in the class of intended to be protected
by the statute; and (3) that the statute was designed to prevent they type of injury
that he or she suffered.” (Clarkson, Miller Jentz, & Cross p. 148) GTE’s
negligence per se occurred because it violated a safety regulation “set forth by
the North Carolina Department of Transportation about placement of telephone
booths within public rights-of-way.” (Clarkson, Miller, Jentz, & Cross p. 151)
“Despite this regulation GTE South placed a booth in the right-of-way near the
intersection of Hillsborough and Sparger Roads in Durham County.” (Clarkson,
Miller, Jentz, & Cross p. 151) The Department of Transportation gets a
tremendous amount of information on accidents and where they are more likely
to occur and I feel this was one of the reasons they instituted the regulation not to
place telephone booths within public rights-of-way. “The accident occurred in
1988 on Hillsborough Road in Durham. The phone booth the caller was using
was 25 feet from the edge of road – well within the 50-feet right-of-way required
by the Department of Transportation.” (Lawyers Weekly, 1994) GTE South tried
to argue that Baldwin was not in the protected class so the suit should not
proceed but the Supreme Court felt differently. “By expressly prohibiting phone
booths in highway rights-of-way, the regulation impliedly protected pedestrians,
Justice Whichard said.” (Lawyers Weekly, 1994)
“The DOT’s concerns in enacting this regulation, however, necessarily included
more than the safety of motorists because the regulation controls the placement
of phone booths within rights-of-way which often encompass more than the area
occupied by the road used by motorists. Logic dictates that the purpose of this
regulation was to protect the safety of the motorist who might leave the road and
strike the booth while simultaneously protecting the pedestrian who might be
using the booth.” (Lawyers Weekly, 1994)
References
Moscowitz, J., Tedlie, E., Elissa S. & Acree, M. (2008). Positive affect uniquely predicts
lower risk of mortality in people with diabetes. Health Psychology, 27(1, Suppl),
S73-S82.
Nunner-Winkler, G. (2007). Development of Moral Motivation from Childhood to Early
Adulthood. Journal of Moral Education, 36(4), 399-414.
Newsom, J. & Mahan, T.L. (2008). Stable negative social exchanges and health. Health
Psychology, 27(1), 78-86.
O’Brien, G. (n.d.). What are the principles of adult learning? Retrieved January
21, 2007, from http://southernhealth.org.au/cpme/articles/adult_learning.htm
Santesso, D. & Segalowitz, S. (2008). Developmental differences in error-related
ERPs in middle- to late-adolescent males. Developmental Psychology, 44(1), 205217.
Weingart, L. & Brett, J. (2007). Conflicting social motives in negotiating groups.
Journal of Personality and Social Psychology, 93(6), 994-1010.
Wilson, D.K. (2008). Commentary for Health Psychology special issue: Theoretical
advances in diet and physical activity interventions. Health Psychology, 27(1, Suppl), S1S2.
MID TERM EXAM
Course Name:
HMLS 302
________________________________
School Name:
SAMPLE
________________________________
Any words, works, or statement are solely my own,
and I shall not cheat, take another words, plagiarize or commit any violations of this course,
this Professor’s rules, or the University’s Polices,
otherwise seek the consequences of a failure and possible suspension or expulsion.
March 22, 2008
________________________________________________________
Date
SAMPLE
______________________________________________________
Student Name (Print)
__________________________________________________________
Student Name (Signature)
NO ATTACHMENTS, PLEASE COPY AND PASTE THE WORK ONLY!
Chapter 1
#4. What was the traditional level of national spending on domestic security?
What were the exceptions? Why?
The traditional level of national spending on security has historically been
very low. There have been exceptions to the spending level during times of war or
natural disasters. The reason for this is, prior to September 11, 2001, Americans
depended largely on their states for domestic security and they seemed to have less
desire to spend a lot on security during times of peace.
At times, the government did deviate from its pattern of low spending for
domestic security. Spending increased temporarily during the War of 1812 when
border control became an issue but decreased at the wars end. This mentality
continued through the Civil War. Americans continued to look to their communities
for protection and security. It was not until the period of Reconstruction that federal
marshals were used to assist states in security. There was a new focus on national
security during World War I and World War II. The U.S. was becoming a powerful
nation with new foreign enemies. Troops were recruited and there became a new
effort of protecting our homeland. Although Americans were concerned about these
foreign powers, once the wars ended, fears eased and spending on national security
also decreased. This same pattern was repeated during the Cold War with the
Soviet Union. American feared nuclear attacks, but as time moved on and nothing
happened, the government did not want to continue the same level of national
defense spending. Although spending would increase temporarily during times of
emergencies and natural disaster, domestic security was not a continual focus.
This mentality changed after September 11, 2001. The attack on U. S.
citizens on U. S. soil led to the creation of the Department of Homeland Security
(DHS). Many agencies that were founded in the early 1900’s such as U. S. Customs
and Border Protection, U. S. Immigration and Customs Enforcement, and the U. S.
Secret Service, would begin to work together under this newly formed agency.
Other agencies under DHS are: U. S. Coast Guard, Transportation Security
Administration and Federal Emergency Management Agency. In 2001, the federal
government spent approximately 20 billion dollars on homeland security. This
increased to 47 billion by 2005. The President has requested 61 billion dollars to be
spent on homeland security for 2008; this includes 30 billion to go directly to DHS.
Many of these agencies have new goals that will continue to evolve as their roles
become more defined.
While the risk of terrorism is still high in our country and we are involved in
wars in Iraq and Afghanistan, spending on national security will most likely remain at
these current levels. While America is still experiencing elevated risk to its national
security, it is anticipated that the federal government will continue to make domestic
security a high priority. If America, once again returns to times of peace, the
spending level may decrease as it has done in the past.
References:
Carafano, J. & Spring, B. (2007, February 8). Bush’s Budget: Protecting Homeland
Security and Defense by Reining in Entitlements. Retrieved March 19, 2008,
from The Heritage Foundation Web site:
http://www.heritage.org/research/budget/wm1352.cfm
Hobijn, B., & Sager, E. (2007, February). What Has Homeland Security Cost? An
Assessment: 2001-2005. Current Issues in Economics & Finance, 13(2), 1-7.
Retrieved March 17, 2008, from Academic Search Premier database.
Sauter, M. & Carafano, J. (2005). Homeland Security: A complete Guide to
Understanding, Preventing, and Surviving Terrorism. (pp. 3-10). New York:
McGraw-Hill.
(2004, April 30). Federal Funding for Homeland Security. Retrieved March 20, 2008,
from Congressional Budget Office Web site:
http://cbo.gov/ftpdoc.cfm?index=5414
Chapter 2
# 2. Identify two types of modern technology used by twenty-first century
terrorists. Explain why they might be terrorist tools.
Twenty-first century terrorist are using a range of technological resources.
Two of the most significant technologies that terrorist use are the Internet and
wireless communications such as cellular or satellite phones. Both of these modern
day technologies have been successful tools for terrorist activities.
The Internet is probably the most powerful tool for terrorist organizations. It
allows terrorist groups to communicate effortlessly through instant messaging, email,
chat rooms and online blogs. It also gives them the ability to create websites to
spread their propaganda worldwide. Through these websites they can recruit new
members, fundraise to support their terrorist activities, provide training materials to
members, gather intelligence, and coordinate their actions. Often terrorist
organizations record their attacks and post the videos online for others to see. This
furthers their cause to their supporters and spreads fear world wide to a larger
group. They also have the ability to use data mining and encrypt messages to each
other. Another potential for terrorists using the Internet is to create a cyber attack on
its enemies. Such a computer-based attack could harm telecommunications, costing
a nation’s economy billions of dollars. Also, there is the risk of bodily harm if
terrorists decided to wage a cyber attack on targets such as airport communications,
water purification systems, or a national or regional power grid.
Cellular and satellite phones are another example of modern technology used
by terrorists. Cellular phones allow groups to stay in constant contact with each
other around the globe. They have also been used in suicide attacks, and car
bombs. The built-in alarm clock in cell phones (or even a call to a cell phone) can be
used to detonate explosives. Cell phones were used in the 2002 Bali nightclub
bombing, the 2002 bombing of the Hebrew University, the 2004 bombing of the
Madrid train and the 2004 car bombing of the Jakarta Marriott. In January 2006,
federal agents were investigating the large sale of disposable cell phones.
As technology changes and advances, so it appears will the terrorists’ use of
these technologies. In an attempt to battle these groups, governments around the
world must also make proactive efforts to learn about these groups, their activities
and their use of technology.
References:
Boulden, J. (2004, April 4). Mobiles used in high-tech terror. Retrieved March 16,
2008, from CNN Web site:
http://www.cnn.com/2004/TECH/04/04/mobile.terror/index.html
Lachow, I., & Richardson, C. (2007, Spring). Terrorist Use of the Internet: The Real
Story. JFQ: Joint Force Quarterly, Retrieved March 16, 2008, from Academic
Search Premier database.
Ross, B. (2006, January 12). Surge in sale of disposable cell hones may have terror
link. Retrieved March 16, 2008, from ABC News Web site:
http://abcnews.go.com/WNT/Investigation/tory?id=1499905
Sauter, M. & Carafano, J. (2005). Homeland Security: A complete Guide to
Understanding, Preventing, and Surviving Terrorism. (pp. 27-28). New York:
McGraw-Hill.
Weimann, G. (2007, May). Mass Media Theater. eJournal USA, 12, Retrieved March
16, 2008, from http://usinfo.state.gov/journals
Chapter 3
# 2 What are the key elements of The National Strategy for Homeland
Security?
Following the terrorist attacks of September 11, 2001, United States
government created The National Strategy for Homeland Security. The three main
elements of the Strategy are to:
1. Prevent terrorist attacks within the U.S.
2. Reduce America’s vulnerability to terrorism
3. Minimize the damage and to recover from attacks that do occur.
To meet these three elements, the Office of Homeland Security (OHS)
created six critical mission areas. These mission areas are: (1) Intelligence and
Warning, (2) Border and Transportation Security, (3) Domestic Counterterrorism, (4)
Protect Critical Infrastructures and Key Assets, (5) Defend Against Catastrophic
Threats And (6) Emergency Preparedness and Response.
In October 2007, President Bush released an updated Strategy, which is
meant to build on the original version from 2002. The new key strategies differ
slightly from the original. They are to:
1. Prevent and disrupt terrorist attacks
2. Protect the American people, our critical infrastructure and key resources
3. Respond to and recover from incidents that do occur
4. Continue to strengthen the foundation to secure our long-term success.
In an effort to make homeland security successful, the Strategy calls for
active participation from federal, state, and local governments as well as from the
private sector and individuals. The elements of Homeland Security will continue to
evolve, as new threats to our national security may call for re-evaluation and
changes to the Strategy.
References:
Sauter, M. & Carafano, J. (2005). Homeland Security: A complete Guide to
Understanding, Preventing, and Surviving Terrorism. (pp. 52-53). New York:
McGraw-Hill.
(2002, July). National Strategy for Homeland Security. Retrieved March 15, 2008,
Web site: http://www.whitehouse.gov/homeland/book/nat_strat_hls.pdf
(2007, October). National Strategy for Homeland Security. Retrieved March 15,
2008, Website: http://www.whitehouse.gov/infocus/homeland/nshs/NSHS.pdf
Chapter 4
#5. Explain factors that have increased the propensity of terrorists to inflict
mass casualties.
Terrorists’ attacks today have a tendency to inflict more casualties than
terrorist acts of the past. The factors that have led to the increases in casualties are:
the sophistication of the weapons used, trend to attack “soft targets”, and the
terrorist groups tend to be religious extremist who are willing to die for their cause.
One reason that terrorist today are able to inflict more casualties is due to the
sophistication of their weapons. They are using modern technologies such as the
Internet to educate and communicate. They are well funded and are able to
purchase powerful weapons such as powerful explosives and anti-tank missiles.
There is also the threat of the use of Weapons of Mass Destruction consisting of
chemical, biological or nuclear weapons. These groups are able to recruit highly
educated people to support their cause.
Another main factor causing an increase in casualties due to terrorism is the
attacks on soft targets. These sites are generally unprotected public places such as
malls, restaurants, movie theaters, churches, apartment buildings and markets.
According to Washington Post, “Terrorism’s Soft Targets”, these types of attacks are
common throughout the Middle East, South Asia and are increasing in Southeast
Asia, Russia and Africa. Many believe it is only a matter of time before the U.S. has
a similar attack. In 2004, troops in Iraq discovered information such as photographs
and evacuation plans for multiple school districts in the United States. This brings
fear to every American. Although these attacks are commonplace in other parts of
the world, an attack like this on U.S. soil would be crippling to our society.
In addition to the other factors, religious extremists carry out many terrorist
acts. These types of fundamentalist believe they are martyrs for their cause and that
they are “killing in the name of God”. They view themselves as “holy fighters”.
Suicide attacks generally are the most violent and result in more fatalities and
injuries than other types of terrorism. September 11, 2001 was one of the most
deadly suicide attacks. Almost 3,000 people died that day and thousands more were
injured. Between 2000 and 2004 there were 472 suicide attacks in 22 countries. In
2005, there was an average of one attack per day in Iraq.
The State Department says that there were 14,000 acts of terrorism around
the world in 2006. Twenty thousand casualties and numerous injuries came from
these attacks. This was a 25 percent increase from 2005.
Terrorists today are able to adapt and change their strategies quickly. It is
important that the strategies to fight terrorism adjust as quickly. Governments need
to work together to stop this increasing trend.
References:
DeYoung, K. (2006, April 29). Terrorist Attacks Rose Sharply in 2005, State Dept.
Says: [FINAL Edition]. The Washington Post, p. A.01. Retrieved March 16,
2008, from ProQuest National Newspapers Core database. (Document
ID: 1028899691).
Ervin, C. (2006, May 7). Terrorism’s Soft Targets. The Washington Post, Retrieved
Match 16, 2008, from http://www.washingtonpost.com/wpdyn/content/article/2006/05/05/AR2006050501754.html
Sauter, M. & Carafano, J. (2005). Homeland Security: A complete Guide to
Understanding, Preventing, and Surviving Terrorism. (pp. 80-81). New York:
McGraw-Hill.
Warrick, J. (2004, December 31). An Easier, but Less Deadly, Recipe for
Terror: [FINAL Edition]. The Washington Post, p. A.01. Retrieved March 16,
2008, from ProQuest National Newspapers Core database. (Document
ID: 772535411).
(n.d.) Weapons of Mass Destruction. Retrieved March 16, 2008, from Federal
Bureau of Investigation Web site:
http://www.fbi.gov/hq/nsb/wmd/wmd_home.htm
Chapter 5
#3. Describe the capabilities of Hizballah.
This essay will describe the capabilities of Hizballah, a terrorist group
recognized by the US Department of State, with networking, political, financial, and
military capabilities in the Middle East and with cells operating in other parts of the
world.
Hizballah, (Arabic for Party of God), was established in 1982. Founded by
Lebanese Shiite Muslims, and assisted by the Iranian Revolutionary Guard,
Hizballah began as a militia group working to end Israel’s occupation of Lebanon.
It has a strong alliance with both Iran and Syria, both of which have been
financial supporters. Iran has also provided, money, weapons and training to
Hizballah forces.
Since 1982, but especially after Israel’s 2000 departure from Lebanon, the
Hizballah network has grown from a small militia group to a powerful terrorist
organization with strong, political ties. Hizballah has become a legitimate political
party, which participates in the Lebanese parliament. It has social ties to the
community through the operation of schools, hospitals, charitable organizations and
banks. It has been able to filter money into its terrorist organization through its
charitable campaigns.
Hizballah has been involved in various terrorist attacks since the early 1980s.
It was responsible for the 1983 bombing of the U.S. embassy and marine barracks in
Beirut. They were involved in the 1985 hijacking of a TWA flight that led to the death
of one hostage, who was a US Navy diver. It was also responsible for the 1992
bombing of the Israeli Embassy in Argentina and the Jewish Cultural center in
Buenos Aires in 1994.
As recently as July 2006, Hizballah demonstrated to the world its military
capabilities. Hizballah attacked an Israeli convoy leading to the death and
kidnapping of Israeli soldiers. In retaliation, over a 34-day period, Israel attacked
Lebanon. Since this attack, both the Israeli Defense Forces and the U.S. Army have
been studying Hizballah capabilities. According to recent report in USA Today,
even though the Israeli military was “better armed, better trained and more
numerous than Hizballah,” it “proved a resilient foe for Israeli’s vaunted military,
inflicting casualties and firing missiles into Israel despite a punishing air campaign.”
Hizballah had anti-tank missiles in its arsenal of weapons. These missiles were able
to penetrate Israel’s powerful tanks. It is believed that these missiles were supplied
by Iran and that Syria participated in the transport. Hizballah also had the use of
sophisticated communications systems and computers for tactical internal
communications. The USA Today article states that Hizballah had created a series
of tunnels and bunkers that led almost to the Israel-Lebanon border. They used
these bunkers and civilian homes to fire approximately 200 short-range missiles a
day into Israel during the conflict.
The U.S. Department of State report on Hizballah states that it supports “a
variety of violent Anti-Western groups including Palestinian terrorist organizations.
This support includes weapons, explosives, training, funding and guidance as well
as overt political support.”
Hizballah’s network has continued to grow through the media and the
Internet. Hizballah is estimated to have thousands of supporters and members.
From its base location is in Southern Lebanon it has cells operating in Europe, Asia,
Africa, North America and South America. Hizballah operates in a very poor area
within Lebanon. Through its social and charitable works, it has created a network of
popular support. Through the use of propaganda and he popular appeal of
charismatic, Hizballah is able to recruit new supporters. There are recent reports
that Hizballah has spread its terrorist campaign to Argentina, by appealing to people
living in poverty.
Because of Hizballah’s alliance with Iran and Iran’s quest for nuclear
weapons, as well as its ability to bridge the Sunni-Shiite divide in the terrorist
community, it has tremendous potential to widen their terrorist campaign. With Iran’s
continued support, Hizballah has the ability and apparently the intention to remain a
formidable force not only in the Middle East but also, with ties around the world.
References:
Brook, T. (2008, March 14) U.S. learns from Israel-Hezbollah war. USA Today,
Retrieved March 15, 2008 from Academic Search Premier database.
Katz, Y (n.d.) Israeli military studies Hezbollah’s resilience. USA Today, Retrieved
March 15, 2008 from Academic Search Premier database.
Phillips, J. (2006, July 13). Iran and its Hezbollah Allies Escalate their Aggressive
Policies in the Middle East. The Heritage Foundation, Retrieved March 5,
2008, from www.heritage.org/research/middleeast/wm1159.cfm.
Sauter, M. & Carafano, J. (2005). Homeland Security: A complete Guide to
Understanding, Preventing, and Surviving Terrorism. (pp. 93-96). New York:
McGraw-Hill.
Tyson, A. – Washington Post Staff Writer (2007, December 9). Iran Aims ‘To Foment
Instability,’ Gates Says; Nuclear Program Could Be Restarted, Defense Chief
Warns. The Washington Post,p. A.27. Retrieved March 16, 2008, from
ProQuest National Newspapers Core database. (Document ID: 1395408871).
(n.d.) Iran. Retrieved March 15, 2008, from US Department of State Web site:
http://www.state.gov/outofdate/bgn/i/88394.htm
(n.d.) Military – Hizballah. Retrieved March 15, 2008, from Global Security Web site:
http://www.globalsecurity.org/militarry/world/para/hizballah.htm
Chapter 6
#4 What is narco-terrorism?
This essay will describe narco-terrorism which the United States Drug
Enforcement Administration (DEA) defines as “an organized group that is complicit
in the activities of drug trafficking in order to further or fund, premeditated, politically
motivated violence perpetrated against noncombatant targets with the intention to
influence [a government or a group of people].” In other words, many groups that
participate in acts of terrorism are actively involved in drug production, trafficking and
sales. It is believed that these groups are using this trafficking as a means to
financially support their terrorist activities. In order to explain how narco-terrorism
affects Homeland Security, it will be necessary to give a brief description of some of
the nations involved in these activities, as well as what various government agencies
are doing to eliminate or reduce this type of terrorism.
Narco-terrorism indirectly affects Homeland Security. According to DEA, 39
percent of the U.S. Department of State’s list of designated terrorist organizations
participates in drug activities. In the 2003, DEA testified to Congress, Americans
spend $64 billion on illegal narcotics. DEA Administrator, Karen Tandy, testified to
the Committee on International Relations in February 2004, “Drug production in
Mexico, Colombia, Thailand and Afghanistan produces the supply of drugs that
devastates our families and our communities. The same illegal drug production
funds that attack civilized society also destabilize democracies across the globe.
Illegal drug production undermines America’s culture; it funds terror and it erodes
democracy. And, they all represent a clear and present danger to our national
security.” There is also evidence that the explosives used in the Madrid train
bombings of 2004, which killed 191 people, were bought using the proceeds of
hashish sales. Tandy also stated that there is an increase in the use of bartering
drugs for munitions to be used in terror attacks. (Time, July 2007)
Many parts of the world are experiencing the narco-terrorism. Russia has a
vast network of organized crime with connections in Italy, Mexico, Japan, China,
Nigeria and Colombia. They are involved in money laundering, drug trafficking and
weapons exchange. In Colombia alone there are three recognized terrorist
organizations: the Revolutionary Armed Forces of Colombia (FARC), the National
Liberation Army (ElN), and the United Self Defense Groups of Columbia (AUC).
These groups use proceeds from the sale of cocaine to purchase weapons. These
groups are also linked to many kidnappings and robberies. FARC is one of the
largest terrorist groups operating in South America. In an area labeled the
Tri-Border, Argentina, Brazil and Paraguay, Hizballah and HAMAS are involved in
drug trafficking and the sale of other contraband. These organizations often set up
legitimate businesses to launder money and move the funds into Lebanon. DEA
testified to Congress in 2003, “these individuals are utilizing the proceeds from
cocaine trafficking to provide economic assistance to terrorist movements in the
Middle East”. The Philippines have several known terrorist organizations: the Moro
National Liberation Front (MNLF), the Moro Islamic Liberation front (MILF), and the
Abu Sayyaf Group (ASG). According to DEA, MNLF produces marijuana and crystal
meth and all three groups use funds from drug trafficking to fund their terrorist
activities. ASG has links to Al-Qaida and is reported to have been involved in the
2002 bombing of a nightclub in Indonesia. According to DEA, ASG is involved in
virtually any criminal activity that is profitable.
Afghanistan is the largest producer of opium in the world. In a January 23,
2008 Washington Post article, “Still Wrong In Afghanistan” 90 percent of the world’s
heroin is supplied by Afghanistan. The Washington Post article also says 50 percent
of the Afghanistan gross national product comes from the production of heroin.
Afghanistan has known links to Al-Qaida and of course the Taliban. The Taliban
regime was funded in large part by the opium production. Although opium was
illegal, the regime would simply tax the producers and traffickers and use some of
the proceeds to fund Al-Qaida.
Many agencies worldwide are working to eliminate drug trafficking associated
with narco-terrorism. DEA has international operations with 79 offices in 58
countries. DEA is gathering intelligence and training law enforcement personnel in
these countries. Acknowledging that there are links between crime, drugs and
terrorism, the United Nations has created new resolutions (UNSCR 1333 and 1373)
to deal with these issues. New international standards have been created by a
Financial Action Task Force to track the movement of terrorist funds and crack down
on money laundering. The U.S. is working with foreign governments to assist in the
capture and prosecution of drug traffickers and other international criminals. In
2006, 50 FARC leaders were indicted by the U.S. on charges of importing $25 billion
worth of cocaine into the U.S. As recently as January 2008, the U.S. government
with the assistance of the FBI and the Colombian government successfully
prosecuted a senior member of FARC.
Reducing opium production in Afghanistan is a main goal of the U.S., but the
situation is less clear-cut for Afghanistan. President Bush has recommended
spraying the opium fields but Afghanistan President Karzai believes that spraying
would impoverish farmers and push them into joining forces with the Taliban.
Reducing narcotics trafficking and narco-terrorism will be an ongoing battle
that will require joint efforts between governments around the world. It will take the
participation of governments where drugs are produced; the international financial
networks that facilitate money laundering; and decreases both of drugs use and drug
imports into consumer countries such as the U.S. International efforts and
cooperation are needed to battle this complex issue of narco-terrorism.
References:
Casteel, S. (2003, May 20). Narco-Terrorism: International Drug Trafficking and
Terrorism – A Dangerous Mix. Retrieved March 15, 2008, from U. S. Drug
Enforcement Administration Web site:
http://www.usdoj.gov/dea/pubs/cngrtest/ct052003p.html
Dolan, C. (2005, July). United States Narco-Terrorism Policy: A Contingency
Approach to the Convergence of the Wars on Drugs and Against Terrorism.
Review of Policy Research, 22(4), 451-471. Retrieved March 15, 2008.
Holbrooke, R. (2008, January 23). Still Wrong in Afghanistan. The Washington Post,
p. A.19. Retrieved March 15, 2008, from ProQuest National Newspapers
Core database. (Document ID: 1416878461).
Hutchinson, A. (2002, April 2). Narco-Terror: The International Connection Between
Drugs and Terror. Retrieved March 15, 2008, from U. S. Drug Enforcement
Administration Web site: http://www.usdoj.gov/dea/speeches/s040202.html
Jackson, D. (2008, March 10). The FARC’s Guardian Angel. The Washington Post,
p. A.15. Retrieved March 15, 2008, from ProQuest National Newspapers
Core database. (Document ID: 1442810611).
Kaplan, D., Fang, B., & Sangwan, S. (2005, December 5). Paying for Terror.
U.S. News & World Report, 139(21), 40-54. Retrieved March 16, 2008, from
Academic Search Premier database.
Perine, K., Jalonick, M., & Schuler, K. (2003, August 9). Bill Covers ‘NarcoTerrorism’. CQ Weekly, 61(32), 2039-2039. Retrieved March 15, 2008, from
Academic Search Premier database.
Sauter, M. & Carafano, J. (2005). Homeland Security: A complete Guide to
Understanding, Preventing, and Surviving Terrorism. (pp. 110-112). New
York: McGraw-Hill.
Shannon, E. (2002, November 25). The New War on Heroin. Time, 160(22), 23.
Retrieved March 15, 2008, from Academic Search Premier database.
Tandy, K. (2004, February 12). United States Policy towards Narco-terrorism in
Afghanistan. Retrieved March 17, 2008, from U. S. Drug Enforcement
Administration Web site:
http://www.usdoj.gov/dea/pubs/cngrtest/ct021204.htm
Walt, V. (2007, June, 27). Cocaine Country. Time, Retrieved March 15, 2008, from
http://www.time.com/time/printout/0,8816,1637719,00.html
(2008, January 28). Senior Member of FARC Narco-Terrorist Organization
Sentenced. Retrieved March 15, 2008, from Federal Bureau of Investigation
Web site: http://washingtondc.fbi.gov/dojpressrel/pressrel08/wfo012808.htm
(2006, March 22). US Charges 50 Leaders of Narco-Terrorist FARC in Colombia.
Retrieved March 15, 2008, from Federal Bureau of Investigation Web site:
http://newyork.fbi.gov/dojpressrel/pressrel06/ny032206.htm
(2005, March). International Narcotics Control Strategy Report. Retrieved March 15,
2008, from US Department of State Web site:
http://www.state.gov/p/inl/rls/nrcrpt/2005/vol2/html/42380.htm
Instructor Manual: Beatty, Business Law and the Legal Environment Standard Edition, 9e, ©2022, 9780357633465;
Chapter 5: Constitutional Law
Instructor Manual
Beatty, Business Law and the Legal Environment Standard Edition, 9e, ©2022, 9780357633465;
Chapter 5: Constitutional Law
Table of Contents
Purpose and Perspective of the Chapter…………………………………………………………………………. 2
Cengage Supplements …………………………………………………………………………………………………… 2
Chapter Objectives ………………………………………………………………………………………………………… 2
Key Terms ……………………………………………………………………………………………………………………… 3
What’s New in This Chapter ……………………………………………………………………………………………. 3
Chapter Outline …………………………………………………………………………………………………………….. 4
Discussion Questions …………………………………………………………………………………………………… 12
Additional Activities and Assignments …………………………………………………………………………… 13
© 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible
website, in whole or in part.
1
Instructor Manual: Beatty, Business Law and the Legal Environment Standard Edition, 9e, ©2022, 9780357633465;
Chapter 5: Constitutional Law
Purpose and Perspective of the Chapter
This chapter covers the origin of the U.S. Constitution, the rationale behind the branches of
government, and individual rights and protections for the people.
Cengage Supplements
The following product-level supplements provide additional information that may help you
in preparing your course. They are available in the Instructor Resource Center.
•
•
•
•
•
•
Transition Guide (provides information about what’s new from edition to edition)
Test Bank (contains assessment questions and problems)
Solution and Answer Guide (offers textbook solutions and feedback)
PowerPoint (provides text-based lectures and presentations)
Guide to Teaching Online (provides technological and pedagogical considerations
and resources for teaching online)
MindTap Educator Guide (describes assets in the MindTap platform with a detailed
breakdown of activities by chapter with seat time)
Chapter Objectives
The following objectives are addressed in this chapter:
1. Summarize the freedom of speech rights available to a business.
2. Outline types of speech not protected by the First Amendment.
3. Explain how freedom of religion and the Establishment Clause impacts employment
rights.
4. Outline how freedom of press impacts businesses.
5. Differentiate between procedural due process and substantive due process.
6. Outline the steps required for procedural due process in criminal and administrative
claims.
7. Explain the fundamental rights protected by substantive due process.
8. Outline the available remedies for a violation of procedural or substantive due
process.
9. Define federalism.
10. Explain the impact of the federal Supremacy Clause on state actions.
11. Describe the federal government’s ability to regulate commerce under the
Commerce Clause.
12. Define Dormant Commerce Clause.
13. Explain the three levels of scrutiny used by courts to determine the constitutionality
of a government action.
14. List the protected classes under the Equal Protection Clause.
[return to top]
© 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible
website, in whole or in part.
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Instructor Manual: Beatty, Business Law and the Legal Environment Standard Edition, 9e, ©2022, 9780357633465;
Chapter 5: Constitutional Law
Key Terms
Commerce Clause: The part of Article I, section 8, that gives Congress the power to
regulate commerce with foreign nations and among states
Supremacy Clause: Makes the Constitution, and federal statutes and treaties, the
supreme law of the land
Judicial activism: A court’s willingness to decide issues on constitutional grounds
Judicial restraint: A court’s attitude that it should leave lawmaking to legislators
Commercial speech: Communication, such as advertisements, that has the dominant
theme of proposing a business transaction
Takings Clause: A clause in the Fifth Amendment that ensures that when any
governmental unit takes private property for public use, it must compensate the owner
Procedural due process: The doctrine that ensures that before the government takes
liberty or property, the affected person has a fair chance to oppose the action
Eminent domain: The power of the government to take private property for public use
Substantive due process: A form of due process that holds that certain rights are so
fundamental that the government may not eliminate them
Equal Protection Clause: A clause in the Fourteenth Amendment that generally requires
the government to treat people equally
Fundamental rights: Rights so basic that any governmental interference with them is
suspect and likely to be unconstitutional
[return to top]
What’s New in This Chapter
The following elements are improvements in this chapter from the previous edition:
•
•
•
•
Section “First Amendment” has been revised and rewritten to cover freedom of
religion.
NEW Case: Masterpiece Cakeshop, Ltd. V. Colorado Civil Rights Commission (2018).
New Ethics box on government response to COVID-19.
End of chapter questions have been updated and revised.
© 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible
website, in whole or in part.
3
Instructor Manual: Beatty, Business Law and the Legal Environment Standard Edition, 9e, ©2022, 9780357633465;
Chapter 5: Constitutional Law
[return to top]
Chapter Outline
I.
WHO WILL HAVE POWER? (5-1)
a. Overview (5-1a)
• U.S. Constitution:
(1) Greatest legal document ever devised.
(2) Drafted in 1787.
(3) General, easy-to-read language.
• Above all over laws, no law can conflict with it.
b. Creating the Constitution: Important Principles (5-1b)
• The U.S. Constitution was created as a response to the weaknesses of
the Articles of Confederation.
• The Articles of Confederation created a weak national government
that lacked the power to tax the citizens and states.
• The U.S. Constitution is a series of compromises about power.
• Separation of Powers
(1) The Framers feared the concentration of power and decided to
divide power up into three branches.
(a) Congress, the legislative power to create laws.
(b) President, the executive with enforcement power.
(c) Judicial, the court system to interpret the laws.
(2) Balancing power:
(a) Congress passes law, the president can veto it, and
Congress can attempt to override the president’s veto.
(b) President appoints federal judges and members of his
cabinet, but the Senate must give its approval.
• Individual Rights
(1) The Bill of Rights were created because the U.S. Constitution
was silent on individual rights.
c. Powers Granted (5-1c)
• Congressional Power
(1) Voters from all 50 states elect representatives to serve in
Congress.
(2) Congress is made up of the House of Representatives and the
Senate.
(a) The House of Representatives has 435 members based
on each state’s population. The larger the population,
the greater the number of members.
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Instructor Manual: Beatty, Business Law and the Legal Environment Standard Edition, 9e, ©2022, 9780357633465;
Chapter 5: Constitutional Law
(b) The Senate has 100 members, two from each state.
(3) Powers not listed in the U.S. Constitution are reserved for the
states.
(4) Interstate Commerce.
(a) The Commerce Clause, Article I, section 8 of the U.S.
Constitution grants Congress the power to regulate
commerce with foreign nations and among states.
(b) Congress may regulate any activity that has a
substantial economic effect on interstate commerce.
(i) In Wickard v. Filburn, Congress stabilized prices
during The Great Depression by limiting the
bushels per acre that a farmer could grow.
1. Filburn grew wheat over the limit and was
fined.
(ii) While Filburn only sold his wheat locally and not
between states, this did not stop the Commerce
Clause from applying.
(iii) Filburn’s wheat affected interstate commerce
because the more he grew for use on his own
farm, the less he needed to buy from the open
market of interstate commerce.
(iv) Interstate commerce is defined broadly; it
applies to both commerce within and between
states.
(c) Limiting the Commerce Clause:
(i) In United States v. Lopez, Congress passed a law
banning anyone from possessing a handgun in a
school zone (in or near a school) under the
Commerce Clause.
(ii) The Supreme Court held the law unconstitutional
because it exceeded the power of the Commerce
Clause. Lopez’s possession of a gun in the school
zone was not, in anyway, tied to interstate
commerce.
(5) State Legislative Power.
(a) The dormant aspect of the Commerce Clause holds that
a state statute discriminating against interstate
commerce is almost always unconstitutional.
(i) Ex. A New York law allowed in-state wineries to
sell directly to customers, but required out-ofstate wineries to sell to a wholesaler and not
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Instructor Manual: Beatty, Business Law and the Legal Environment Standard Edition, 9e, ©2022, 9780357633465;
Chapter 5: Constitutional Law
directly to customers. The treatment of out-ofstate wineries is discriminatory since it protected
New York wineries from out-of-state
competition.
(6) The Supremacy Clause makes the Constitution and federal
statutes and treaties the supreme law of the land.
(a) State laws conflicting with federal laws are void, since
federal law preempts the field and controls the issue.
(b) Federal law can preempt state law even if there is no
conflict, only that Congress intended to have exclusive
control over an issue.
• Executive Power
(1) Executive power is the enforcement of laws and includes the
following:
(a) Appointment
(i) President nominates heads of many agencies.
The choice of agency head reflects the view of
the president. An aggressive agency head could
be picked for the Environmental Protection
Agency or a more passive head that would not
enforce environmental protections as vigorously.
(b) Legislation
(i) A president and his advisors can propose
legislation to Congress.
(c) Foreign policy
(i) The president conducts the nation’s policy
towards other countries, including international
efforts and negotiating treaties, and is
commander in chief of the armed forces.
• Judicial Power
(1) Federal courts have two key functions:
(a) Adjudicating cases, both criminal and civil cases; usually
prosecutions of federal crimes start in U.S. District
Court.
(b) Judicial review. Marbury v. Madison holds that judicial
review refers to the power of federal courts to declare a
statute or government action unconstitutional and void.
(i) Significance: The Court declares that it alone has
the power to evaluate acts of the other two
branches of government and can decide which
are valid or void.
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Instructor Manual: Beatty, Business Law and the Legal Environment Standard Edition, 9e, ©2022, 9780357633465;
Chapter 5: Constitutional Law
(2) Opposing judicial review:
(a) Judges are not elected; they should not be able to
override the will of the elected officials.
(3) Supporting judicial review:
(a) There must be one cohesive interpterion of the U.S.
Constitution; the judicial branch is best suited for this
task.
(4) Judicial Activism/Judicial Restraint.
(a) Judicial activism is a court’s willingness to decide
issues on constitutional grounds.
(b) Judicial restraint is a court’s attitude that it should
leave lawmaking to legislators.
II.
PROTECTED RIGHTS (5-2)
a. Constitutional rights generally protect only against governmental acts, not
from actions of private parties (citizens, corporations).
b. In the process of incorporation, virtually all constitutional protections apply
to all levels of government, national, state, and local. Rights explicitly
guaranteed at one level are incorporated into rights that apply to other
levels.
c. First Amendment (5-2a)
• Freedom of Religion: The Establishment and Free Exercise
Clauses
(1) The Establishment Clause.
(a) It requires separation of church and state. There can be
no state church or religious compulsion.
(b) Legal standard to comply with the Establishment
Clause:
(i) It must have a secular purpose.
(ii) It must not have the primary effect of advancing
or inhibiting religion.
(iii) It must not foster excessive entanglement of
government with religion.
(c) Satisfying the Establishment Clause:
(i) Ex. Minnesota law grants parents state tax
deduction for school tuition and other schoolrelated expenses for both public and private
schools.
1. Promoting education is a secular
purpose.
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Chapter 5: Constitutional Law
2. Deduction is available to all parents.
3. The law did not impermissibly mix church
and state.
(2) The Free Exercise Clause.
(a) It prevents the government from banning a specific
religious belief or practice, regardless of if it is
unpopular.
(i) Ex. An Afro-Caribbean church practiced the ritual
slaughter of chickens. Local government passed
a law specifically banning the practice of animal
slaughter for religious sacrifice.
(ii) This law violated the Free Exercise Clause,
because it was not generally applicable and it
only singled out one type of religious conduct,
regardless of other types of animal slaughter.
• First Amendment: Free Speech
(1) Political Speech
(a) It is protected unless it is intended to create imminent
lawless action.
(i) Ex. Shouting fire in a crowded theater.
(2) Time, Place, and Manner
(a) While speech itself is protected, government is free to
regulate these three areas.
(i) Ex. A person applies for a permit for a political
demonstration. The local government cannot
issue a blanket ban, but they can set some
requirements, such as the hours of the
demonstration or that police and adequate
sanitation are provided.
(3) Morality and Obscenity
(a) Obscene speech is not protected by Constitution.
(b) The three-part Miller test is used to determine if speech
is obscene. If all three questions are answered “yes,” the
speech at question is deemed obscene.
(i) Whether the average person, applying
contemporary community standards, would find
that the work, taken as a whole, appeals to the
prurient interest;
(ii) Whether the work depicts or describes, in a
patently offensive way, sexual conduct
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Instructor Manual: Beatty, Business Law and the Legal Environment Standard Edition, 9e, ©2022, 9780357633465;
Chapter 5: Constitutional Law
specifically defined by the applicable state law;
and
(iii) Whether the work, taken as a whole, lacks
serious literary, artistic, political, or scientific
value.
(4) Commercial Speech
(a) Commercial speech is that which proposes a
commercial transaction.
(b) When commercial speech is not illegal or misleading,
the government can regulate it if:
(i) It has a substantial interest in regulating the
speech;
(ii) The speech restriction directly advances this
interest; and
(iii) The regulation restricts no more speech than
necessary.
(c) In other words, the government may regulate
commercial speech provided that the rules are
reasonable and directly advance a legitimate
government goal.
(i) Ex. A law requiring tobacco companies to place
graphic warnings on every package was upheld
because the government had a legitimate
interest in communicating the dangerous effects
of tobacco use.
d. Fifth Amendment: Due Process and the Takings Clause (5-2b)
• Procedural Due Process
(1) Procedural due process is the doctrine that ensures that
before the government takes liberty or property, the affected
person has a fair chance to oppose the action.
(2) Is the Government Attempting to Take Liberty or
Property?
(a) Liberty interests include forced confinement to a
hospital or removing a child from a household.
(b) Property interests are not only tangible things, but also
include:
(i) A job with a government agency,
(ii) A student’s education at a public school, or
(iii) When a public university suspends a student.
(3) How Much Process Is Due?
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Instructor Manual: Beatty, Business Law and the Legal Environment Standard Edition, 9e, ©2022, 9780357633465;
Chapter 5: Constitutional Law
(a) What sort of hearing the government must offer
depends on how important the property or liberty
interest is and on whether the government has a
competing need for efficiency.
(4) Neutral Fact Finder.
(a) Regardless of the type of hearing, there must always be
a neutral fact finder.
(5) Attachment of Property.
(a) The court must look at plaintiff’s likelihood of winning
before attaching a property lien. The defendant can
counter and offer evidence of harm.
(6) Government Employment.
(a) A government employee facing dismissal is entitled to:
(i) A hearing, not necessarily a formal one.
(ii) Know what charges they are facing.
(iii) Hear the employer’s evidence.
(b) The employee has no right to an attorney.
(7) Academic Suspension.
(a) There is no hearing.
(b) Due process is satisfied if the student receives notice of
the claim and has a chance to respond.
(c) Disciplinary suspension or expulsion requires a higher
level of due process. Includes:
(i) Hearing.
(ii) Notice of charges before hearing.
• The Takings Clause
(1) The Takings Clause prohibits a state from taking private
property for public use without just compensation.
(2) Eminent domain is the government’s power to take private
property for public use. If the town wants to build a road
through your property, they can take it and must offer
compensation, in addition to the following conditions:
(a) Notice is required.
(b) Hearing to challenge the amount offered as just
compensation.
(3) Regulations restricting land use:
(a) Before a government may require an owner to dedicate
land to a public use, it must show that this owner’s
proposed building requires this dedication of land.
(i) A general plan, like a bike path, stipulating that
all owners must participate is not enough. The
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Instructor Manual: Beatty, Business Law and the Legal Environment Standard Edition, 9e, ©2022, 9780357633465;
Chapter 5: Constitutional Law
government must show more detail, such as
reasons why this specific parcel is needed for a
bike path and greenspace.
• Substantive Due Process
(1) Substantive due process is a form of due process that holds
that certain rights are so fundamental that the government
may not eliminate them.
(2) Substantive due process looks at the rights being affected,
such as right to contract, instead of procedures.
(3) During the first third of the twentieth century, the Court would
strike down certain laws that interfered with basic rights.
(a) In Lochner v. New York, a law limiting working hours for
bakers was unconstitutional because the law infringed
with the right to contract; however, the Court would
reverse itself starting in 1934 and would uphold laws
regarding working conditions, etc.
(b) In BMW v. Gore, punitive award violated substantive due
process because it was highly disproportional to the
harm caused when $4 million in punitive damages was
awarded when ordinary damages amounted to $4,000.
e. Fourteenth Amendment: Equal Protection Clause (5-2c)
• The Equal Protection Clause in the Fourteenth Amendment
generally requires the government to treat people equally. Laws that
make certain classifications can violate the Equal Protection Clause.
• Minimal Scrutiny: Economic and Social Regulations
(1) Government actions that classify people or corporations on
these bases are almost always upheld.
(2) Like the Due Process Clause, laws regulating economic or
social issues are presumed valid. Laws that classify
corporations and/or people will usually be upheld if they are
rationally related to a legitimate goal.
(a) Ex. Law excluding methadone users from working for
the New York City transit authority was upheld as
rationally related to the safety of public transport and
therefore did not violate the Equal Protection Clause.
• Intermediate Scrutiny: Gender
(1) Government classifications are sometimes upheld if they
substantially relate to important government objectives.
(2) Classifications based on sex are given a higher level of scrutiny
than those relating to economic or social regulation.
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Chapter 5: Constitutional Law
(a) Ex. Virginia Military Institute’s (VMI) policy prohibiting
women from attendance violates the Equal Protection
Clause.
• Strict Scrutiny: Race, Ethnicity, and Fundamental Rights
(1) These receive the highest level of scrutiny. Classifications
based on any of these are almost never upheld.
(2) Any government action that intentionally discriminates against
racial or ethnic minorities, or interferes with a fundamental
right, is presumed invalid. Such actions and/or laws will be
upheld if they are necessary to promote a compelling state
interest.
(a) Racial and ethnic minorities. Government classifications
made on the basis of race or ethnicity are presumed
invalid.
(i) Ex. State refusal to grant child custody to the
mother because her new spouse was racially
different from the child is unconstitutional. The
government had no compelling need for this
policy.
(b) Fundamental rights. Any government action interfering
with a fundamental right receives strict scrutiny and
are presumed invalid.
(i) Ex. New York State policy giving preferential
employment for any veteran that was a state
resident when he entered the military. Those
veterans that did not meet the residency
requirement were less likely to get jobs. The
policy was held invalid since it interfered with a
fundamental right—the right to travel.
[return to top]
Discussion Questions
You can assign these questions several ways: in a discussion forum in your LMS, as wholeclass discussions in person, or as a partner or group activity in class.
1. Discussion: Equal protection and religion. ([Protected Rights (5-2)]
a. Writing prompt asking students to evaluate the constitutionality of statutes
applied to fact patterns.
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Chapter 5: Constitutional Law
b. Recall the facts from the Masterpiece Cakeshop case. During this case, the
Court held that Masterpiece Cakeshop baker, Phillips, was treated unfairly by
the Colorado Civil Rights Commission. The Commission displayed hostility
towards the baker’s religious beliefs in violation of the First Amendment
because laws must be neutrally applied to religion.
c. Assume the following: Alice is transgender and planning her wedding. Alice
asks Philips to design her wedding cake. Philips immediately agrees and
offers her the discounted rate. However, once Alice discloses that she is
transgender, the baker refuses to make the cake. Philips relies on the newly
enacted state law, the “Religious Freedom Act.” The act states that any good
or service provided by a business in Colorado can be denied, if doing so
violates a person’s religious beliefs. It specifically mentions violations of
religious beliefs, include providing a good or service for transgender persons.
d. What constitutional questions are raised? What arguments can Alice make in
support of her position?
i. Answer: Alice can attack the constitutionality of the Religious Freedom
Act. Alice’s equal protection rights are at issue. The act specifically
targets transgender individuals for discrimination. This is a
classification based on gender and should be subject to intermediate
scrutiny. The act will most likely fail to meet this type of scrutiny.
2. Discussion: Government action and equal protection. ([Protected Rights (5-2)]
a. Examining equal protection claims.
b. Assume the facts in question 1, in addition to the following: Colorado signs a
lease with Philips to open a bakery on government-owned property. The
lease terms require Philips is to provide wedding cakes at discounted rates.
How do these facts impact your analysis?
i. Answer: Since Philips’ bakery is leased to operate on government
property and to sell discounted wedding cakes, Alice can argue that
Philips’ actions are government action. She can further argue that his
refusal is gender-based discrimination in violation of the Equal
Protection Clause and is subject to intermediate scrutiny. So long as
Alice’s government action claim is valid, it is likely that intermediate
scrutiny applies.
[return to top]
Additional Activities and Assignments
1. MindTap: Why Does Constitutional Scrutiny Matter to Me?
a. Consider your perspective on key legal concepts.
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Chapter 5: Constitutional Law
2. MindTap: Reading: Constitutional Law
a. Read the chapter here. Highlight and make notes to help you study for an
exam.
3. MindTap: Learn It: Impact of the Federal Supremacy Clause on State Actions
a. Get familiar with one of the key concepts from the chapter.
4. MindTap: Learn It: Regulation under the Commerce Clause
a. Get familiar with one of the key concepts from the chapter.
5. MindTap: Learn It: Freedom of Speech Rights Available to Business
a. Get familiar with one of the key concepts from the chapter.
6. MindTap: Learn It: Constitutionality of a Government Action
a. Get familiar with one of the key concepts from the chapter.
7. MindTap: Learn It: Fundamental Rights Protected by Substantive Due Process
a. Get familiar with one of the key concepts from the chapter.
8. MindTap: Check Your Understanding: Law and Legal Reasoning
a. Test your understanding of the facts, themes, and concepts covered in the
chapter.
9. MindTap: Case Problem Analysis: Business and the Bill of Rights
a. Read a short scenario case, analyze fact patterns, and answer questions to
gain a deeper level of critical analysis and understanding.
10. MindTap: Brief Hypotheticals: Business and the Constitution
a. Assess your ability to apply legal concepts to hypothetical scenarios.
11. Research Project:
a. Ask students if other groups or protected statuses should be afforded strict
scrutiny, why or why not?
b. Have students research cases that use different scrutiny tests.
[return to top]
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14
Business Law and the Legal
Environment , 9e
Chapter 1: Introduction to Law
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be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Why Does the Legal System Matter to Me?
Overwhelmed by the sheer volume of laws that affect
business, you dive in and decide to first understand how
the laws apply to each other and then how they apply to
your business. In looking at statutes that set out
penalties for forgery, you ask:
Which branch of government creates statutes?
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publicly accessible website, in whole or in part.
Learning Objectives
1.
2.
3.
4.
5.
Identify the areas of law that affect busines decision making
Identify the sources of American law
Describe the common law tradition of the American legal system
Explain how laws can be classified
Describe methods for researching the law
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publicly accessible website, in whole or in part.
Origins of Our Law
English Roots
• Disputes handled locally
• In 1066, Normans conquered England → On the Laws and Customs of
England
• Established the doctrine of “precedent”
Today
• Accumulation of precedents over time → the common law
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publicly accessible website, in whole or in part.
Knowledge Check Activity
What did William Conqueror implement across the English empire after the
Norman Conquest, which we still use in the American legal system today?
1.
2.
3.
4.
Statutory Law
The Common Law
Martial Law
Feudal Law
Beatty, Business Law and the Legal Environment, 9th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Knowledge Check Activity
What did William Conqueror implement across the English empire after the
Norman Conquest, which we still use in the American legal system today?
1.
2. The Common Law
3.
4.
Beatty, Business Law and the Legal Environment, 9th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Sources of Contemporary Law (1 of 2)
U.S. Constitution
• Branches of Government
• Checks and Balances
• State Government vs.
Federal Government
• Fundamental Rights
Statutes
• May cover any topic so long
as they do not violate the
Constitution
Common Law
• Based on precedent called
“stare decisis”
• Bill proposed in Congress →
majority vote necessary in
both chambers → President’s
approval
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publicly accessible website, in whole or in part.
Sources of Contemporary Law (2 of 2)
Court Orders
Administrative Law
• Issued by a Judge on a
particular case that creates
binding obligations on the
person/business
• Most agencies are created by
Congress and have the
authority to create
“regulations”
• Example: Injunctions
• Examples: Environmental
Protection Agency (EPA),
Internal Revenue Service
(IRA), etc.
Treaties
• Agreements between two or
more sovereign countries
• President has the authority to
make treaties, but must be
approved by 2/3 vote in the
Senate
• Once ratified, have the full
force of law
Beatty, Business Law and the Legal Environment, 9th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Knowledge Check Activity
If a judge is hearing a case with a fact pattern similar, but slightly different than
a case he has ruled on before, he should:
1. Rule in any way he wants
2. Rule as he believes other courts would rule
3. Don’t rule
4. Rule in a similar fashion as the previous case
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publicly accessible website, in whole or in part.
Knowledge Check Answer
If a judge is hearing a case with a fact pattern similar, but slightly different than
a case he has ruled on before, he should:
1.
2.
3.
4. Rule in a similar fashion as the previous case
Beatty, Business Law and the Legal Environment, 9th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Classifications of Law
Civil vs Criminal
Civil laws regulate the rights and obligations between two parties vs.
Criminal laws which regulates wrongs an individual commits against society
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publicly accessible website, in whole or in part.
Jurisprudence
Legal Positivism
Natural Law
Legal Realism
• Whatever the sovereign says,
is the law! (Whether morally
right or wrong)
• An unjust law is no law and
need not be obeyed (laws
must have a moral basis)
• Regardless of what the
written law is, the important
factor is who enforces it
• Example: A law prohibiting
the education of
undocumented immigrants
must be followed, even if it is
morally unjust.
• Example: A law permitting
segregation should not be
followed because it is morally
unjust.
• Example: A judge which
spent 20 years representing
insurance companies before
becoming a judge may be
more likely to side on behalf
of insurance companies in
cases before them.
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publicly accessible website, in whole or in part.
Analyzing a Case
Identify
Use
Review
Read
Identify the parties
(plaintiff and
defendant)
Use the legal
citation to
determine where to
find the case in the
legal library
Review the Facts to
understand the
background of the
case
Read the holding of
the case to
determine the
Court’s rationale in
its decision
Beatty, Business Law and the Legal Environment, 9th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Knowledge Check Activity
“Ohio Revised Code 2911.01” is what type of primary source?
1.
2.
3.
4.
Federal Statute
State Statute
Federal Regulation
Case Law
Beatty, Business Law and the Legal Environment, 9th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Knowledge Check Answer
“Ohio Revised Code 2911.01” is what type of primary source?
1.
2. State Statute
3.
4.
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publicly accessible website, in whole or in part.
Case Study Activity (1 of 2)
Kuehn v. Pub Zone
1. Did the Pub Zone have a duty to protect Kuehn from the Pagans’ attack?
Beatty, Business Law and the Legal Environment, 9th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Case Study Activity (2 of 2)
Read the following case in the book and discuss whether the hotel could be
held legally responsible:
Del Lago Partners, Inc. v. Smith
307 S.W. 3D 762
Supreme Court of Texas, 2010
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publicly accessible website, in whole or in part.
Instructor Manual: Beatty, Business Law and the Legal Environment Standard Edition, 9e, ©2022, 9780357633465;
Chapter 6: Dispute Resolution
Instructor Manual
Beatty, Business Law and the Legal Environment Standard Edition, 9e, ©2022, 9780357633465;
Chapter 6: Dispute Resolution
Table of Contents
Purpose and Perspective of the Chapter…………………………………………………………………………. 2
Cengage Supplements …………………………………………………………………………………………………… 2
Chapter Objectives ………………………………………………………………………………………………………… 2
Key Terms ……………………………………………………………………………………………………………………… 3
What’s New in This Chapter ……………………………………………………………………………………………. 5
Chapter Outline …………………………………………………………………………………………………………….. 6
Discussion Questions …………………………………………………………………………………………………… 12
Additional Activities and Assignments …………………………………………………………………………… 13
Additional Resources……………………………………………………………………………………………………. 13
Cengage Video Resource …………………………………………………………………………………………………………. 13
© 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible
website, in whole or in part.
1
Instructor Manual: Beatty, Business Law and the Legal Environment Standard Edition, 9e, ©2022, 9780357633465;
Chapter 6: Dispute Resolution
Purpose and Perspective of the Chapter
In this chapter, the reader will learn the court systems, how a trial is conducted, and
alternative dispute methods.
Cengage Supplements
The following product-level supplements provide additional information that may help you
in preparing your course. They are available in the Instructor Resource Center.
•
•
•
•
•
•
Transition Guide (provides information about what’s new from edition to edition)
Test Bank (contains assessment questions and problems)
Solution and Answer Guide (offers textbook solutions and feedback)
PowerPoint (provides text-based lectures and presentations)
Guide to Teaching Online (provides technological and pedagogical considerations
and resources for teaching online)
MindTap Educator Guide (describes assets in the MindTap platform with a detailed
breakdown of activities by chapter with seat time)
Chapter Objectives
The following objectives are addressed in this chapter:
1. Define pleading.
2. Explain what evidence can be obtained through the discovery process.
3. Define spoliation.
4. List the steps of a trial.
5. Define voir dire.
6. Distinguish between peremptory challenges and challenges for cause.
7. Explain the rules surrounding the examination of witnesses at trial.
8. Distinguish between the role of the judge and the role of the jury in a trial.
9. Identify the parties of a trial.
10. Explain the different ways that an appellate court may decide a case on review.
11. Define stare decisis.
12. Explain the process for filing an appeal.
13. Summarize the elements of a record that an appellate court will review on appeal.
14. Identify available post-trial motions.
15. Identify the parties of an appeal.
16. Define arbitration, negotiation, and mediation.
17. Explain whether a decision reached in alternative dispute resolution is binding and
appealable.
18. Describe the benefits of alternative dispute resolution.
19. Identify the types of claims are best settled by alternative dispute resolution.
20. Identify when a mandatory arbitration clause may be struck down.
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Instructor Manual: Beatty, Business Law and the Legal Environment Standard Edition, 9e, ©2022, 9780357633465;
Chapter 6: Dispute Resolution
21. Differentiate between types of jurisdiction in state and federal courts.
22. Define venue and standing.
23. Identify when state or federal law applies.
24. Describe the roles of each branch of government.
25. Distinguish between the various types of state and federal courts.
26. Explain the power of the U.S. Supreme Court’s judicial review over state and federal
lawmaking.
27. Define subject matter jurisdiction and personal jurisdiction.
28. List the areas of law over which a federal court has subject matter jurisdiction.
29. Distinguish between concurrent jurisdiction and exclusive jurisdiction.
30. List the area of law in which state courts and federal courts retain exclusive
jurisdiction.
31. Explain when a state court can have personal jurisdiction over a party.
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Key Terms
Litigation: The process of filing claims in court and ultimately going to trial
Alternative dispute resolution: Any other formal or informal process used to settle
disputes without resorting to a trial
Trial courts: Determine the facts of a particular dispute and apply to those facts the law
given by earlier appellate court decisions
Jurisdiction: A court’s power to hear a case
Subject matter jurisdiction: A court’s authority to hear a particular type of case
Personal jurisdiction: A court’s authority to bind the defendant to its decisions
Summons: The court’s written notice that a lawsuit has been filed against the defendant
Long-arm statute: A statute that gives a court jurisdiction over someone who commits a
tort, signs a contract, or conducts “regular business activities” in the state
Appeals courts: Higher courts that review the trial record to see if the court made errors
o…