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United States Constitution Business Law essay case study.
United States Constitution Business Law essay case study.
Order ID 53563633773 Type Essay Writer Level Masters Style APA Sources/References 4 Perfect Number of Pages to Order 5-10 Pages Description/Paper Instructions
United States Constitution Business Law essay case study.
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. bartlett 133 S. Ct. 2466,2013 U.S. Lexis4702(2013)
Now please read the excerpt of the case below. Please briefly summarize the
Cipollini 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 Cipollini and Mutual Pharmaceutical?What do you think of the outcomes of Mutual and Cipollini? Do you agree or disagree?
Why?
New case:
Cipollini, Executor of the Estate of Rose D. Cipollini v. Liggett Group, Inc
The Plaintiff sued the Defendant a cigarette manufacturer for the death of his forty-year smokingmother, 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 cigaretteadvertising 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
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 theFramers 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 theCommerce 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 makesomeone 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 persona and in rem)
-venue-statute of limitations
-the long arm statute-class action law suit
Now address how each of the above could be used as a weapon by a business involved in a lawsuitUnited States Constitution Business Law essay case study.
RUBRIC
QUALITY OF RESPONSE NO RESPONSE POOR / UNSATISFACTORY SATISFACTORY GOOD EXCELLENT Content (worth a maximum of 50% of the total points) Zero points: Student failed to submit the final paper. 20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. 40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. 50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). Zero points: Student failed to include citations and/or references. Or the student failed to submit a final paper. 5 out 20 points: Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. 10 out 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. 15 out 20 points: Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented. APA 6th Edition is used with only a few minor errors. There are minor errors in reference and/or citations. And/or there is some use of questionable sources. 20 points: Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented. APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. Grammar (worth maximum of 20% of total points) Zero points: Student failed to submit the final paper. 5 points out of 20: The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors 10 points out 20: The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors 15 points out of 20: The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. 20 points: The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. Structure of the Paper (worth 10% of total points) Zero points: Student failed to submit the final paper. 3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. 5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements. The student also significantly writes too large or too short of and paper 7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. 10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper.
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