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Business Law

Essay by   •  February 24, 2011  •  Essay  •  360 Words (2 Pages)  •  1,881 Views

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Statutory law comes into existence when a legislature passes a statute. This statute is then included in the federal code of laws or the relevant state code of laws. Common laws are the rules of law announced in court decisions. These rules include interpretations of constitutional provisions, of statutes enacted by legislatures, and of regulations created by administrative agencies. If there is a conflict, common law or previously decided cases will take precedence.

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Callais might bring suit in the Florida state court, a Georgia state court or a federal state court. The firm does business in Florida and that is where the injuries occurred and might be the most convenient for trial. The firm is based in Georgia so could be brought there but is not likely. It could also be brought to federal court due to the fact both parties are from different states and the amount in controversy is over $75,000.

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At the conclusion of the plaintiff's case, the defendant's attorney has the opportunity to ask the judge for the motion for a directed verdict. The judge considers the evidence in the light most favorable to the plaintiff and grants the motion only if there is insufficient evidence to raise an issue of fact. Being that the motion for directed verdict is rare it is unlikely in this case. With witnesses and other facts surrounding the case I doubt the motion will be granted.

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This is a clear example of a violation of Placer's constitutional rights. If it is a legitimate claim that working on Sunday violates his religion then they had no right to fire him. This is a violation of Placer's First Amendment rights and the business should be liable for any damages.

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It doesn't seem like wrongful interference has taken place because it was genuine advertising. As long as the advertising wasn't interfering with Harley's Bakery's relationship with Martha's business then Lothar should not be liable (example would be standing in front of Martha's store with signs saying Harley's bakery enslaves children, while they were making a delivery). Harley's will have to collect damages only from Martha who broke the contract.

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