Friday, October 4, 2019
Business Law Case Study Example | Topics and Well Written Essays - 500 words - 3
Business Law - Case Study Example (II) The federal statute to protect endangered bird species could be challenged in US District Court located in Minnesota, and the Missouri state statute about toxic-carrying vehicles could be challenged at the Circuit Court of Missouri, while the one dealing with interracial couples could be challenged at Circuit Court of Missouri (Family branch). (III) The argument against the Federal Statute to protect endangered birds would be that the State of Minnesota has not enacted any laws against using the area for construction purposes; the argument against Missouri state statutes would be that the US Constitution (which is the last legally binding documents for US citizens) doesnââ¬â¢t enforce such requirements. (I) Ralph can either lodge his case at Nevada Supreme Court or use the US District Court in Nevada. These two courts have the constitutional powers to hear the litigation instituted by Ralph against Drug-Free Enterprises for breaching the contractual agreement between them (Clarkson et al., 2008). (ii) Addressing the issue of jurisdiction authority, Nevada Supreme Court has the Constitutional authority to hear the case because Drug-Free Enterprises is incorporated in its jurisdiction. With similar reason, the US Constitution has statutes that handle the issue of breach of commercial contracts. And since all states in America are legally bound by the US Constitution (under the jurisdiction of the federal government), hence the US District Court in Nevada can hear this litigation against Drug-Free Enterprises (Clarkson et al., 2008). (iii) In order for Ralph to win this case, his argument must be presented strongly by invoking the statutes of the Federal Government and the state of Nevada that prohibit the act of contract-breaching. Such laws include Section 235 (2) of the Restatement Second of Contracts and comment (b) to Section 235, which states that inability to performance a contractual duty is a breach of the
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