Question for business law: (based on the book Business Law Text and Cases, Thirt

Question

Question for business law: (based on the book Business Law Text and Cases, Thirteenth Edition, By Clarkson, Miller, Cross in Chapters 2 & 3)

1. Sue sues David in federal court and serves on him a copy of the summons and complaint. David talks to his best friend Jim who watches a lot of court TV about the best way to respond. Jim says David should ignore Sue and hopefully she will go away. Jim doesn't agree and four weeks later he calls up Sue to say he thinks she does not have a case and as a result, he will not give her lawsuit any more thought. Discuss all of Sue's legal options at this point based on what you have read in the text.

2. The state of Maryland enacts a law that prohibits children from crying after 9pm on Sundays. Discuss all of the types of Constitutional violations are at play with this law based on the assigned reading?

Explanation / Answer

1.

Summon is indeed regarded as court document related to litigation in court case which indeed necessitates to be served by the plaintiff to the defendant. It is indeed regarded to be important because it provides with the necessary information and eventually explains what has to be done. Thus it provides information concerning with the case, about the court where the matter is held and parties involved.

However if the defendant in this case David doesn’t accept summon and fails to respond then he might not hear anything about the matter again until the attorney arrives at his door with a warrant of execution. Furthermore defendant might not hear anything probably because lawyer might have submitted a request for default judgment and thus awaiting for the court to grant it.

Once they have the default judgment they are in a position to impose the judgment by attaching David assets, remove and sell in execution, call him for a financial enquiry etc. Thus all they need for obtaining judgment against David is to send the letter of demand and serve the summons. If he fails to respond within the prescribed period then court subject to certain criteria can grant the judgment against him as if he has defaulted by not responding.

2.

An act enacted as law either by national legislature or legislature by state or province indeed can be declared to be unconstitutional if it violates the overall constitutional rights of citizens. For instance in US if state of Maryland government enacts a law that basically prohibits the legal constitutional rights of the citizens then such enactments would be deemed to be unconstitutional even in the absence of any legislated laws whatsoever.

In judicial review when the proper court determines that a legislative act conflicts with the constitution it can regard it to be unconstitutional and declare it to be void in whole or in part. The portion of the law declared void is regarded to be struck down or the entire statute is considered struck from the statute books. Depending on the type of legal system a statute may be declared illegal and unlawful by any court or only by special constitutional courts with authority to rule on the validity of a statute.

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