Business Law Foundations

Business Law Foundations

Business Law Foundations

answer the following four questions. For each answer, support your
position with at least two (2) peer-reviewed sources not used in class.
answers should be at least 200 words and long enough to adequately answer the question
presented. Bullet point answers are not permitted.
1. Explain how the common law system facilitates slow legal change.
2. Discuss the concept of employment at will. Then discuss the exceptions to employment at
will based on contract law and public policy. What is your view of this rule? Do the
public policy exceptions to the rule give enough protection to employees?
3. Hazing may have both criminal and civil ramifications. Discuss this and how you would
develop a hazing prevention program for your high school athletic program.
4. Give three examples of types of contracts that must be in writing according to the Statute
of Frauds.
Note: Your assignment will be checked for originality via the Turnitin plagiarism tool.

Business Law Foundations

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APA

Business Law Foundations

1. Explain how the common law system facilitates slow legal change.

The common law system, rooted in English legal tradition, facilitates slow legal change primarily due to its reliance on judicial precedent or stare decisis. Courts base decisions on prior rulings, maintaining legal consistency and predictability. While this creates stability, it also slows the pace of change, as courts are often reluctant to overturn established precedents without compelling justification. Judges may interpret and evolve the law incrementally, but sweeping reforms are typically left to legislatures. For instance, issues such as the evolution of privacy rights or same-sex marriage recognition took decades to shift in the courts due to the adherence to past decisions.

This conservative nature of common law ensures that legal doctrines evolve only when there is a clear societal shift or a strong legal argument against existing precedent (Friedman, 2019). Additionally, judicial conservatism and institutional inertia discourage abrupt changes, even when legal norms appear outdated (Bix, 2018). Critics argue that this pace often lags behind societal progress and may delay justice in rapidly evolving areas such as technology or civil rights. Nevertheless, the gradual development allows for thorough analysis and minimizes the risk of unintended consequences.

References
Bix, B. (2018). Jurisprudence: Theory and context (7th ed.). Sweet & Maxwell.
Friedman, L. M. (2019). A history of American law (4th ed.). Simon & Schuster.


2. Discuss the concept of employment at will. Then discuss the exceptions to employment at will based on contract law and public policy. What is your view of this rule? Do the public policy exceptions to the rule give enough protection to employees?

Employment at will is a legal doctrine in the United States that allows either the employer or employee to terminate employment at any time, for any reason, or