What is meant by the words …all Men are created equal… in the Declaration of Independence?

  

ESSAY QUESTIONS Answer
any five (5) questions
Business
Law and society. please let the answers be clear and short. i am going to write
it down on a card 3X5.
ESSAY QUESTIONS Answer any five (5) questions
Business Law and society. please let the answers be clear and short. i am going to write it down
on a card 3X5.
A fashion model was arrested outside a singles bar on suspicion of solicitation for
prostitution. She also had in her purse a taser. A state statute prohibits the carrying on ones
person of any handgun, knife, switchblade, blackjack, brass knuckles, or other concealed
weapon or implement of violence. The solicitation charge was dropped, but she was
convicted under the concealed weapons statute. She appeals the lower courts decision,
arguing that the statute does not prohibit the carrying of a taser. How would you decide, and
why? What if instead she had a can of mace? Should she be convicted under the statute?
Why or why not? Apply your precedentstand by your decision and decide again!
1.
What is meant by the words …all Men are created equal… in the Declaration of
Independence?
2.
Explain the fundamental differences between civil court, negotiation, mediation, and
arbitration.
3.
Explain the attorney-client privilege in the light of the fiduciary duty owed a
client.
4.
Paul was arrested and told he was being charged with violation of the common law
crime of
annoying a public official. What is his probable defense?
5.
What two elements must exist together before a person can be convicted of a crime?
Provide anexample of a crime where one of these elements can be missing.
7. Identify and define the three basic types of torts discussed in the text. Give one example
of each type of tort.
8. Describe two torts that involve defamation of character. Which is easier to prove?
Why?

Introduction: The field of business law and society is one that deals with the intersection of law, ethics, and business practices. In today’s case, we have a fashion model who was convicted under a concealed weapons statute after carrying a taser in her purse while being arrested on suspicion of solicitation for prostitution. This raises questions about the interpretation of the statute and its application in such cases.

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Description: This article provides answers to five essay questions related to business law and society. The first question examines the meaning of the phrase “all men are created equal” in the Declaration of Independence. The second question explores the fundamental differences between civil court, negotiation, mediation, and arbitration. The third question delves into the attorney-client privilege in light of the fiduciary duty owed to clients. The fourth question looks at the probable defense of someone charged with the common law crime of annoying a public official. The fifth question considers the two elements necessary for a person’s conviction of a crime and provides an example where one of these elements may be missing. Additionally, two types of torts involving defamation of character are described, and the question of which one is easier to prove is answered. Finally, the article revisits the case of the fashion model with a taser in her purse and determines whether she would be convicted under the statute if she had a can of mace instead. The article aims to provide clear and concise answers to these various legal questions.

Objectives: By the end of this lesson, students will be able to:
– Understand and analyze a case involving criminal law and weapons possession
– Apply legal precedent to make a decision regarding the case
– Explain the meaning of the phrase “all men are created equal” in the Declaration of Independence
– Differentiate between civil court, negotiation, mediation, and arbitration
– Understand the attorney-client privilege and the fiduciary duty owed to a client
– Analyze a potential defense for the common law crime of annoying a public official
– Identify and define the three basic types of torts and provide examples of each type
– Describe two torts that involve defamation of character and discuss which is easier to prove.

Learning Outcomes:

Criminal Law and Weapons Possession
– Analyze a case involving criminal law and weapons possession
– Evaluate legal precedent to make a decision regarding the case
– Explain the nuances of different weapons possession laws

The Declaration of Independence and Equality
– Define and explain the meaning of the phrase “all men are created equal”
– Analyze the historical context and significance of this statement

Civil Court, Negotiation, Mediation, and Arbitration
– Differentiate between civil court, negotiation, mediation, and arbitration
– Analyze the advantages and disadvantages of each approach

Attorney-Client Privilege and Fiduciary Duty
– Understand the attorney-client privilege and how it protects clients
– Explain the fiduciary duty owed to a client
– Analyze scenarios in which the attorney-client privilege may be breached

Common Law Crimes and Defenses
– Identify potential defenses for common law crimes
– Evaluate the strength of these defenses in different scenarios

Elements of a Crime
– Define and explain the two elements required for a person to be convicted of a crime
– Analyze case law examples of incomplete or missing elements of a crime

Types of Torts and Defamation of Character
– Identify and define the three basic types of torts
– Provide examples of each type of tort
– Describe two torts that involve defamation of character
– Discuss which is easier to prove and why.

Solution 1:

If the fashion model had a taser in her purse and has been convicted under the concealed weapons statute, the court’s decision would depend on the definition of “other concealed weapon or implement of violence” outlined in the statute. They would have to take into account if a taser falls under this definition. If it does, the conviction would stand; if not, the conviction would be dropped.

Regarding the can of mace, it would depend on whether the statute includes any chemical spray, which would result in the same analysis conducted for the taser. If it falls under the definition of the statute, the conviction would stand; if not, the conviction would be dropped.

Solution 2:

When discussing “all Men are created equal” in the Declaration of Independence, it refers to the belief that all individuals have fundamental rights and are equal in the eyes of the law. It means that everyone, regardless of their status or background, should have access to these rights and treated fairly under the law.

Civil court is a legal process where individuals or entities resolve disputes, while negotiation is a process of reaching a settlement between parties outside of the court system. Mediation is when a neutral third party helps the parties come to a resolution, and finally, arbitration is where a decision-maker helps resolve the dispute after hearing both parties’ sides.

The attorney-client privilege requires an attorney not to reveal any information shared by their client unless permitted by law. This obligation is part of the fiduciary duty an attorney owes a client which means that they must act with care, loyalty, and confidentiality.

If Paul is arrested and charged with the common law crime of annoying a public official, his probable defense would involve proving that he did not engage in a prohibited activity or that the activity did not amount to a criminal offense.

For a person to be convicted of a crime, the prosecution must demonstrate that the accused committed the prohibited act and did it with the required intent. For example, embezzlement is a crime where the intent element is crucial in a conviction.

The three basic types of torts discussed in the text are intentional, negligent, and strict liability torts. An example of each would be the intentional tort of battery, negligent tort like medical malpractice, and strict liability tort such as selling a dangerous product.

Defamation of character comprises two torts: libel and slander. Libel refers to defamation in writing or other permanent forms, whereas slander is defamation in oral or transitory forms. Proving libel is generally easier than slander, as written statements do not require as much evidence as oral ones.

Suggested Resources/Books:
1. “Business Law: Text & Cases” by Kenneth W. Clarkson, Roger Leroy Miller and Frank B. Cross
2. “The Legal Environment Today: Business in Its Ethical, Regulatory, E-Commerce, and Global Setting” by Roger LeRoy Miller and Frank B. Cross
3. “Business Law: Principles for Today’s Commercial Environment” by David Twomey and Marianne M. Jennings

Similar Asked Questions:
1. What are the differences between criminal law and civil law?
2. What are the requirements for a contract to be legally binding?
3. What are the responsibilities of a business owner in terms of workplace safety?
4. What is the purpose of antitrust laws in business?
5. How do intellectual property laws protect business owners?

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