Case Question 1- Professor Yee 2021-2022 PDF

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Homework assignment for professor Yee's class. Case Question deals with the academic year 2021-2022 and got 100% on it....

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340 Ethical and Legal Issues in Business Julianne Yee 01/10/2022 Chapter 1 Case Question: Before making a decision it is very important to make sure that you know and understand each other's government branches. There's three very important branches in the government which are the legislature, executive and judiciary branches. Each branch plays a different role for a country. According to the National Archives and Records Administration I found the legislative branch is considered to be the most powerful because of the constitution and what powers are granted to them. The legislature is bringing new laws in, in a statutes form. The judicial power focuses on the right to explain laws and decide on their validity (BiblU, p31). Then lastly, we have the executive branch which implements laws daily. In the event of a small archipelago there's two elements that need to be put in perspective. The first one being consideration is the restricted number of assets which will be there owing to the smaller size of the country. The second one is that the population with less will make it extremely hard on the country to defend themselves. When taking these two points into consideration it becomes very important to make an easy exchange in the country which will make the chances of any type of aggression towards them very small. A large amount of power that is given to the judiciary branch will cause great support of the rights of people and will ease an economy. Therefore, one vital change can better the structure of their government is the judiciary being directly accessible for the people which encourages liberalism. Taking into account that the population of the country is small, judiciary being right by the people is possible unlike much larger nations.

Chapter 4 Case Question: 1. 2. 3. 4. 5.

The individual is accused of murder The individual’s parental rights are in question and may be terminated The individual is accused of driving inebriated The individual is accused of cheating in a public university The individual receives a parking ticket

“Procedural due process ensures that before the government takes liberty or property, the affected person has a fair chance to oppose the action” (BibliU, p121). This consists of an unbiased trial, an opportunity to propose why the actions shouldn’t be taken, the right of presenting evidence/opposing it, cross examining witnesses, be represented by the council, and have the council prepare a record of the evidence (Fifth and Fourteenth, 2022). I chose to place the murder case first because these kind of cases are typically longer procedural cases where it is vital to have a larger number of proves, evidence, and testimonies of the witnesses. This is extremely important because if they were incorrectly found guilty then they would lose their liberty and possibly even their life due to the death penalty. An individual’s parental rights are second because if the due process isn’t taken then the parent and their child can be taken from

one another. Driving inebriated was ranked third because it can cause an accident and also the chances of possibly hurting someone else which is very high. Cheating at a public university can be looked at by others as a serious crime because it assists feelings of being dishonest but the punishment is not so severe. Lastly, is the parking ticket which is less procedural because it doesn’t require any type of major loss of liberty, life, or property to a single person. This one for the most part only deals with making sure that you are obeying the transportation laws. Overall, procedural due processes are very important because no matter what the crime is it allows anyone a chance to be given a notice, an opportunity to be heard through others, and lastly, a choice being made by a neutral person.

Chapter 5 Case Question: The party that is being offended has evidence weight which means that they should talk to the court and get them to believe that they are right and there's reason for the situation. If the offended party can’t talk the court into believing them the realities and claims that are current would be bound to be valid, litigants would likely win. Respondents in most cases work to put holes in the offended party’s case instead of showing that they are not accountable. The burden for a civil lawsuit is to try and prove the case by a preponderance of the evidence or the normal proof that is essential to a civil case. The plaintiff (person filing for the case) has to talk the jury into believing that their facts are true compared to the defendant. In civil cases it is the plaintiff who has the burden of proof. “Some courts describe this as a “51-49” persuasion, that is, that the plaintiff's proof must “just tip” credibility in its favor” (BibliU, p162). When looking at or thinking about criminal cases the weight of proving the guilt of the defendant is put on the prosecution and they have to decide the facts beyond a reasonable doubt (Jurkowski). “The burden of proof in a criminal case is much tougher because the likely consequences are too” (BibliU, p162). In criminal cases the burden of proof goes to the prosecution. The difference in burdens between civil suits and criminal prosecutions is in civil cases the burden is proving their allegations by the standard proof of a courtroom. In a criminal case, the prosecution more than likely already has the weight of proof to claim whether or not the person is guilty.

References:

Jurkowski, S. (n.d.). Burden of proof. Legal Information Institute. Retrieved January 12, 2022, from https://www.law.cornell.edu/wex/burden_of_proof

National Archives and Records Administration. (n.d.). The Legislative Branch. National Archives and Records Administration. Retrieved January 12, 2022, from https://obamawhitehouse.archives.gov/1600/legislative-branch

Reader. BibliU. (n.d.). Retrieved January 11, 2022, from https://bibliu.com/app/#/view/books/9780357231357/epub/OEBPS/050_9781337404341_ glossary.html#page_953

The Fifth and fourteenth amendments: The requirements of procedural due process. Lawshelf Educational Media. (n.d.). Retrieved January 12, 2022, from https://lawshelf.com/shortvideoscontentview/the-fifth-and-fourteenth-amendments-therequirements-of-procedural-due-process...