mgt 201

Chapter 1

  1. The rule of law is where the government, on national and sate levels, as well as private communities, businesses and companies, create laws or rules to hold everyone and everything fairly to the laws. It helps refrain fro, a free for all type of society and creates order in business. Critics who say that President Trump does not comply with the rule of law say this because they believe he uses his money and power, to manipulate and make decisions on his own. For an example, quite frequently we see critics shouting about Trumps attacks on Press, and how abrupt he is. Critics claim he abuses the First Amendment, as well as the separation of powers. Also, it is told that he unlawfully lied as he was getting sworn into office by breaking the Emoluments Clause.

 

  1. In my opinion, law is a system and make up by many rules, and it develop by many ethics and mistakes, and i think the perfection of law is step by step. For this problem,  last week, i watched news shows that Trump divulges secret information to Russia. i think it’s a very good example to complain is president Trump comply with the rule of law, because  in my opinion it’s ethics.

 

Chapter 3

  1. I would have to agree with the selected judicial scholars who believe in eliminating peremptory challenges because excusing a juror without reason is uncalled for. When a case goes to trial, and knowing that just about 10% of cases end up in trial, the jury should be finalized and stable, with only excusing juror with a reason, or a for cause challenge. Peremptory challenges can create unnecessary conflict.

I understand the for cause challenges, where if there is a personal relationship, or a bias situation then it should be allowed to ask for a juror to be excused. When a case makes it to trial, it already means that it is quite serious, and if peremptory challenges are not eliminated, it creates conflict and could result in unnecessary demands and wants, to prolong the trail and a way to piss off or annoy the opposing side.

  1. Personally I believe that peremptory challenges should be eliminated. I think that they can be discriminatory and can be used to turn someone away based on race, religion, gender, sexual-orientation, and a whole slew of other reasons. I believe that the only way that an attorney can turn away a potential juror in the pretrial time should be through void dire. During this questioning by attorneys, they should only be allowed dismiss prospective jurors if they are biased and/or are unable to act justly as a juror. To take it a step further, I believe, to add a level of just and balance to this process, every time an attorney, from any party, wants to dismiss a candidate, it should have to go through the judge listening to the case.

 

Chapter 4

  1. There are two clauses pertaining to religion within the first amendment, The Establishment Clause and the Free Exercise clause. The Establishment clause was meant to prevent a state sponsored religion, although now it more accurately means that there can not be a favored religion. This clause, the Establishment clause, is the clause that pertains to the separation of church and state. Although this clause is very strict, for example not allowing government buildings to show Christian scenes during Christmas, or any other day, it is quiet necessary. I think that by enforcing this clause so strictly it enables people from all over the world to feel more comfortable in the United States. This is important because all across the world, including in the States there is blatant racism, so it is important to take as many steps possible to minimize this.

 

  1. I believe that currently in our court there are certain cases that do go to far when enforcing the separation of church and state. Recently in June, the Supreme Court ruled 7-2 that denying a religious institution for funds because of the religion side of the problem is unconstitutional. This case dealt with funds for fixing a new playground, and this certainly made some noise regarding this separation between church and state. Personally, I think some of the cases that catch national media attention could be too far. I think that if there was another case regarding a religious institution needed funding forf something that was absolutely necessary, there should not be a debate to whether our government should provide funds for that task.

 

Chapter 5

Personally, I believe that the use of arbitration clauses in certain cases dealing with the producer and consumer could be unfair in certain scenarios, but I also believe that they would be fair in others. If the producer of a certain product or service in their part of the contract does not meet their part of the deal, the consumer should b able to take them to court in order to receive the damages that are necessary to make up for the part of the contract that was not upheld.

From doing my research and reading the chapter, I learned that their are binding and nonbinding arbitration clauses within contracts between two parties. I will go back to my previous example of Lebron James and the Cleveland Cavaliers. If Lebron signed a contract to get x amount of dollars per year and the cavs signed the contract, the two parties would have to settle this dispute outside of the court based on the fact that they signed the contract in which it contained an arbitration clause.

 

Chapter 7

Personally, I believe that the use of arbitration clauses in certain cases dealing with the producer and consumer could be unfair in certain scenarios, but I also believe that they would be fair in others. If the producer of a certain product or service in their part of the contract does not meet their part of the deal, the consumer should b able to take them to court in order to receive the damages that are necessary to make up for the part of the contract that was not upheld.

From doing my research and reading the chapter, I learned that their are binding and nonbinding arbitration clauses within contracts between two parties. I will go back to my previous example of Lebron James and the Cleveland Cavaliers. If Lebron signed a contract to get x amount of dollars per year and the cavs signed the contract, the two parties would have to settle this dispute outside of the court based on the fact that they signed the contract in which it contained an arbitration clause.

 

Chapter 11

I agree with the Supreme Court decision that held that corporations are also entitled to First Amendment freedom of speech. Since corporations can be tried and held accountable like an individual they should be granted the same rights. I also believe that the congressional power to regulate commerce does not include the right to strip these corporations of their first amendment rights. I think that corporations should be able to speak on behalf of themselves and those under them with the same freedom and without the risk of punishment like all other citizens of the country.

 

Response to those discussion about 100 words each. And read chapter 9, write a short discussion.

 

 

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