Gbs 205 - Short Answer Essay Questions

Assignment 1 Lesson 2

GBS 205

Kaitlin Accola

Short Answer Essay Questions

1. If the “standing to sue” requirement was abolished than people unrelated to the case could file different petitions leading to diverse cases, this would be madness. An unbiased person who has little care in the suggested opinion from the court or lawyer might be particularly interested in the outcome of a specific case. For example, as stated on page 25 in the “Legal Environment of Business & Online Commerce” textbook, if standing to sue requirement was abolished Linda could sue Emily on Jon’s behalf. However, Jon’s interests would not be considered in the overall outcome of the case because he took no interest in suing Emily in the first place. Therefore, if Jon became witness and refused the offense of Linda the case would be dismissed. It is pivotal for a Standing to take part of a suit.

Cheeseman, Henry R. "Chapter 2." The Legal Environment of Business and Online Commerce: Business Ethics, E-commerce, Regulatory, and International Issues. Upper Saddle River, NJ: Pearson Prentice Hall, 2007. 25. Print.

2. Deposition in litigation is like gathering authentic information (from a witness) pertaining specifically to a certain issue or topic. Deposition is a period where both parties, preceding trial, question a witness. The benefits of Deposition are like a concrete foundation where presenting and preserving evidence (voice recoding system/videotape) cannot be changed at time of trial. A drawback to deposition would be if a source disclosed documentation; this could result in bitterness between the witness and the opposite party defendant.

3. Joe’s employee disagreement over freedom of speech cannot be identified under the violation of freedom of speech because the argument has little to no foundation or root.  

As noted on page 56 in the textbook there are three types of freedom of speech: fully protected, partially protected and unprotected. The employee argument may be considered under partially protected speech because the employees may have signed an agreement document that can vary according to Joe’s firms’ policy. Also a firm can construct business rules and strict policy of their choice.

        Cheeseman, Henry R. "Chapter 4." The Legal Environment of Business and Online Commerce: Business Ethics, E-commerce, Regulatory, and International Issues. Upper Saddle River, NJ: Pearson Prentice Hall, 2007. 56. Print.

4.  The United States founders were determined to give the National government adequate power to be effective but they feared a future dictatorship situation could emerge. Therefore, safe guards were constructed, a system where states and the National (federal) Government would share power. The Federal government was broken into three branches: the legislative, the executive and the judicial. Within this security division each branch is given power to “check and balance” the power of other branches.