Reference no: EM13775163

Exercise1: Is a state's law of contract classified as civil or criminal, substantive or procedural, public or private? Indicate what classification is appropriate and, in each case, justify the choice you made.

Exercise2: Every lawsuit that is filed represents a dispute between the plaintiff and the defendant. In a case that involves a factual dispute, the trier of fact has the sole responsibility of deciding which facts are true. In a jury trial, it is the function of the jury to determine the facts. However, in a court trial, it is the duty of the judge to determine the facts. However, not every dispute is factual in nature. Some are legal disputes only. When the dispute is strictly legal in nature, there exists no factual dispute. In other words, the defendant agrees with the facts as alleged by the plaintiff in the complaint. Give an example of a case involving no factual dispute.

Exercise3: A complaint merely alleges what the plaintiff is contending occurred (factually) between the parties. In the answer to thecomplaint, the defendant usually denies the plaintiff's allegations, but says no more. In some cases, however, the defendant will allege facts that controvert those alleged by the plaintiff. Discovery is the process that occurs between the time the answer is filed and the case is actually tried (if it reaches trial). During the discovery phase, the parties resort to the use of interrogatories, depositions, admission requests and document requests. Briefly identify these different items and explain what is the purpose of discovery.

Exercise4: Discuss a situation where state law is preempted by federal regulation.

Exercise5: Under what two conditions is a governmental taking of property unconstitutional? Should both of these conditions be satisfied in order for a taking to offend the Constitution, or is only one condition necessary?

Exercise6: What are the pros and cons of Alternative Dispute Resolution? Which would you prefer to resolve your own disputes: ADR or trial?

Exercise7: A state passes a minimum wage law. Fred Whitby, President of Unisys Corporation, is certain that it is unconstitutional. For example, Fred argues that the Constitution's Contract Clause plainly renders the law unconstitutional. Is Fred right? Why or why not?