Author Question: Big Corporation is served with a subpoena to turn over business records to an administrative agency. ... (Read 72 times)

dollx · **on:** Jun 24, 2018

Big Corporation is served with a subpoena to turn over business records to an administrative agency. What are three possible legal grounds the company can raise to avoid producing the requested records?

Question 2

Define the common law. Discuss its conflicting goals and the doctrine created to serve one of these goals.

Jayson · **Reply #1 on:** Jun 24, 2018

Answer to Question 1

The company can argue that the requested records (1 ) are irrelevant to the investigation, (2 ) will be unreasonably burdensome to produce, or (3 ) contain privileged information.

Answer to Question 2

The common law is judge-made law. It is the total of all the cases decided by appellate courts. Although most new law is statutory, common law predominates in tort, contract, and agency law, and it is very important in property and employment law. The common law attempts to accommodate the conflicting goals of predictability and flexibility. The need for predictability created the doctrine of stare decisis, which means let the decision stand. Stare decisis indicates that once a court has decided a particular issue, it will generally apply the same rule in future cases. The law must also be somewhat flexible in order to respond to new problems and changing social mores.