Business Finance Homework Help

QUESTION ONE

What is the Supremacy Clause? Where is it found in the United States Constitution? Why would the Framers of the Constitution have included this clause in the year 1787 at the Constitutional Convention? How does the Supremacy Clause work in PRACTICE between the different branches of government (please provide two examples). Discuss the Supremacy Clause’s role in the following case:

–Mutual Pharmaceutical Company, Inc. v.Bartlett 133 S. Ct. 2466,2013 U.S. Lexis 4702(2013) 

Now please read the excerpt of the case below. Please briefly summarize the Cipollone Case and its outcome. How does the Supremacy Clause work in THIS Case? Discuss the nature of the Preemption Doctrine. How does the preemption doctrine operate in both Cipollone and Mutual Pharmaceutical?

What do you think of the outcomes of Mutual and Cipollone? Do you agree or disagree? Why?

New case:

Cipollone, Executor of the Estate of Rose D. Cipollone v. Liggett Group, Inc

The Plaintiff sued the Defendant a cigarette manufacturer for the death of his forty-year smoking mother, Rose. A 1969 federal statute required cigarette packages to contain a warning that the surgeon general has determined that cigarette smoking is dangerous to one’s health and banned cigarette advertising from electronic communication mediums subject to the FCC’s jurisdiction. The statute also contained a preemption provision that stated, “No requirement or prohibition based on smoking and health shall be imposed under State law with respect to the advertising and promotion of any cigarettes the packages of which are labeled in conformity with the provisions of this Act.” The Supreme Court of the United States (Supreme Court) was presented with the issue of whether the federal statutes preempted the Plaintiff’s state common-law claims. Explain two ways that these decisions impact your corporate plan if you were a CEO of a large corporation .

QUESTION TWO

What is the Commerce Clause in the United States Constitution? Where is it located?Why did the Framers include this clause in 1787?What aspects of commerce does this clause cover?How does the clause impact Native American Reservations under the Indian gaming Regulatory Act? Has the Commerce Clause been broadly or narrowly interpreted by the U.S. Supreme Court? Please explain the following cases and then discuss how the Commerce Clause has been used to advance government public policies OTHER than commerce.

–Heart of Atlanta Motel v. United States ,379 U.S. 241(1964)

-United States v. Lopez, 514 U.S. 549 (1995) .

How has the commerce clause been applied to e-commerce? What possible challenges to the Commerce Clause do you foresee as a result of Covid -19?

QUESTION THREE

Please briefly provide an explanation of a lawyer’s legal training including but not limited to college, law school, ethical and professional responsibility training etc. What traits do YOU believe would make someone an ideal lawyer and , in particular, what unique traits are necessary for a good Business Lawyer?

QUESTIONS FOUR

Please explain with examples the following concepts:

-jurisdiction(including in personam and in rem )

-venue

-statute of limitations

-the long arm statute 

-common law, stare decisis, precedent

-class action law suit

Now address how each of the above could be used as a weapon by a business involved in a lawsuit