R and N were partners in LLC. They both disagreed with their company’s management and could not resolve the disagreement. Partner N decided to dissolve the company, but partner R wanted to continue with the company and dissociate N. N filed a suit for the dissolution of LLC and she counterclaimed for N’s dissociation. The decision was passed in favor of N. Aggrieved by the decision, R appealed in the appellate court. To find: The party’s choice on which issue was framed on the appeal of the R’s case.

Question

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Answer 1

Question

Chapter 17, Problem 9BCP

(a)

Summary Introduction

Case summary: R and N were partners in LLC. They both disagreed with their company’s management and could not resolve the disagreement. Partner N decided to dissolve the company, but partner R wanted to continue with the company and dissociate N. N filed a suit for the dissolution of LLC and she counterclaimed for N’s dissociation. The decision was passed in favor of N. Aggrieved by the decision, R appealed in the appellate court.

To find:The party’s choice on which issue was framed on the appeal of the R’s case.

(b)

Summary Introduction

Case summary: R and N were partners in LLC. They both disagreed with their company’s management and could not resolve the disagreement. Partner N decided to dissolve the company, but partner R wanted to continue with the company and dissociate N. N filed a suit for the dissolution of LLC and she counterclaimed for N’s dissociation. The decision was passed in favor of N. Aggrieved by the decision, person R appealed in the appellate court.

To find:The rules of interpretation used by the appellate court.

(c)

Summary Introduction

Case summary: R and N were the partners in LLC. They both disagreed with their company’s management and could not resolve the disagreement. Partner N decided to dissolve the company, but partner R wanted to continue with the company and dissociate the partner N. N filed a suit for the dissolution of LLC and she counterclaimed for N’s dissociation. The decision was passed in favor of N. Aggrieved by the decision, person R appealed in the appellate court.

To find: The languages of statutes construed by the court.

(d)

Summary Introduction

Case summary:R and N were the partners in LLC. They both disagreed with their company’s management and could not resolve the disagreement. Partner N decided to dissolve the company, but partner R wanted to continue with the company and dissociate N. N filed a suit for the dissolution of LLC and she counterclaimed for N’s dissociation. The decision was passed in favor of N. Aggrieved by the decision, person R appealed in the appellate court.

To find:The language construction by the court that led to the result.

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Students have asked these similar questions

1. How does a persuasive precedent differ from a binding precedent and are courts always bound by such precedents? a. What are the three main methods in which the doctrine of precedent operates within a legal system?

Should U.S. courts, and in particular the United States Supreme Court look to the laws of other nations for guidance when deciding important issues, including those involving rights granted by the Constitution? If so, what impact might this have on their decisions? Please explain.

1-1 Binding versus Persuasive Authority. A county court in Illinois is deciding a case inovlving an issue that has never been addressed before in that state's court. The Iowa Supreme Court, however, recently decided a case involving a very similar fact pattern. Is the Illinois court obligated to follow the Iowa Supreme Court decision on the issue? If the United States Supreme Court had decided a similar case, would that decision be binding on the Illinois court? Explain ( See The Common Law Tradition.)

Answer 2

Question

Chapter 17, Problem 9BCP

(a)

Summary Introduction

Case summary: R and N were partners in LLC. They both disagreed with their company’s management and could not resolve the disagreement. Partner N decided to dissolve the company, but partner R wanted to continue with the company and dissociate N. N filed a suit for the dissolution of LLC and she counterclaimed for N’s dissociation. The decision was passed in favor of N. Aggrieved by the decision, R appealed in the appellate court.

To find:The party’s choice on which issue was framed on the appeal of the R’s case.

(b)

Summary Introduction

Case summary: R and N were partners in LLC. They both disagreed with their company’s management and could not resolve the disagreement. Partner N decided to dissolve the company, but partner R wanted to continue with the company and dissociate N. N filed a suit for the dissolution of LLC and she counterclaimed for N’s dissociation. The decision was passed in favor of N. Aggrieved by the decision, person R appealed in the appellate court.

To find:The rules of interpretation used by the appellate court.

(c)

Summary Introduction

Case summary: R and N were the partners in LLC. They both disagreed with their company’s management and could not resolve the disagreement. Partner N decided to dissolve the company, but partner R wanted to continue with the company and dissociate the partner N. N filed a suit for the dissolution of LLC and she counterclaimed for N’s dissociation. The decision was passed in favor of N. Aggrieved by the decision, person R appealed in the appellate court.

To find: The languages of statutes construed by the court.

(d)

Summary Introduction

Case summary:R and N were the partners in LLC. They both disagreed with their company’s management and could not resolve the disagreement. Partner N decided to dissolve the company, but partner R wanted to continue with the company and dissociate N. N filed a suit for the dissolution of LLC and she counterclaimed for N’s dissociation. The decision was passed in favor of N. Aggrieved by the decision, person R appealed in the appellate court.

To find:The language construction by the court that led to the result.

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Answer 3

Question

Chapter 17, Problem 9BCP

(a)

Summary Introduction

Case summary: R and N were partners in LLC. They both disagreed with their company’s management and could not resolve the disagreement. Partner N decided to dissolve the company, but partner R wanted to continue with the company and dissociate N. N filed a suit for the dissolution of LLC and she counterclaimed for N’s dissociation. The decision was passed in favor of N. Aggrieved by the decision, R appealed in the appellate court.

To find:The party’s choice on which issue was framed on the appeal of the R’s case.

(b)

Summary Introduction

Case summary: R and N were partners in LLC. They both disagreed with their company’s management and could not resolve the disagreement. Partner N decided to dissolve the company, but partner R wanted to continue with the company and dissociate N. N filed a suit for the dissolution of LLC and she counterclaimed for N’s dissociation. The decision was passed in favor of N. Aggrieved by the decision, person R appealed in the appellate court.

To find:The rules of interpretation used by the appellate court.

(c)

Summary Introduction

Case summary: R and N were the partners in LLC. They both disagreed with their company’s management and could not resolve the disagreement. Partner N decided to dissolve the company, but partner R wanted to continue with the company and dissociate the partner N. N filed a suit for the dissolution of LLC and she counterclaimed for N’s dissociation. The decision was passed in favor of N. Aggrieved by the decision, person R appealed in the appellate court.

To find: The languages of statutes construed by the court.

(d)

Summary Introduction

Case summary:R and N were the partners in LLC. They both disagreed with their company’s management and could not resolve the disagreement. Partner N decided to dissolve the company, but partner R wanted to continue with the company and dissociate N. N filed a suit for the dissolution of LLC and she counterclaimed for N’s dissociation. The decision was passed in favor of N. Aggrieved by the decision, person R appealed in the appellate court.

To find:The language construction by the court that led to the result.

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Answer 4

Question

Chapter 17, Problem 9BCP

(a)

Summary Introduction

Case summary: R and N were partners in LLC. They both disagreed with their company’s management and could not resolve the disagreement. Partner N decided to dissolve the company, but partner R wanted to continue with the company and dissociate N. N filed a suit for the dissolution of LLC and she counterclaimed for N’s dissociation. The decision was passed in favor of N. Aggrieved by the decision, R appealed in the appellate court.

To find:The party’s choice on which issue was framed on the appeal of the R’s case.

(b)

Summary Introduction

Case summary: R and N were partners in LLC. They both disagreed with their company’s management and could not resolve the disagreement. Partner N decided to dissolve the company, but partner R wanted to continue with the company and dissociate N. N filed a suit for the dissolution of LLC and she counterclaimed for N’s dissociation. The decision was passed in favor of N. Aggrieved by the decision, person R appealed in the appellate court.

To find:The rules of interpretation used by the appellate court.

(c)

Summary Introduction

Case summary: R and N were the partners in LLC. They both disagreed with their company’s management and could not resolve the disagreement. Partner N decided to dissolve the company, but partner R wanted to continue with the company and dissociate the partner N. N filed a suit for the dissolution of LLC and she counterclaimed for N’s dissociation. The decision was passed in favor of N. Aggrieved by the decision, person R appealed in the appellate court.

To find: The languages of statutes construed by the court.

(d)

Summary Introduction

Case summary:R and N were the partners in LLC. They both disagreed with their company’s management and could not resolve the disagreement. Partner N decided to dissolve the company, but partner R wanted to continue with the company and dissociate N. N filed a suit for the dissolution of LLC and she counterclaimed for N’s dissociation. The decision was passed in favor of N. Aggrieved by the decision, person R appealed in the appellate court.

To find:The language construction by the court that led to the result.

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Answer 5

Chapter 17, Problem 9BCP

(a)

Summary Introduction

Case summary: R and N were partners in LLC. They both disagreed with their company’s management and could not resolve the disagreement. Partner N decided to dissolve the company, but partner R wanted to continue with the company and dissociate N. N filed a suit for the dissolution of LLC and she counterclaimed for N’s dissociation. The decision was passed in favor of N. Aggrieved by the decision, R appealed in the appellate court.

To find:The party’s choice on which issue was framed on the appeal of the R’s case.

(b)

Summary Introduction

Case summary: R and N were partners in LLC. They both disagreed with their company’s management and could not resolve the disagreement. Partner N decided to dissolve the company, but partner R wanted to continue with the company and dissociate N. N filed a suit for the dissolution of LLC and she counterclaimed for N’s dissociation. The decision was passed in favor of N. Aggrieved by the decision, person R appealed in the appellate court.

To find:The rules of interpretation used by the appellate court.

(c)

Summary Introduction

Case summary: R and N were the partners in LLC. They both disagreed with their company’s management and could not resolve the disagreement. Partner N decided to dissolve the company, but partner R wanted to continue with the company and dissociate the partner N. N filed a suit for the dissolution of LLC and she counterclaimed for N’s dissociation. The decision was passed in favor of N. Aggrieved by the decision, person R appealed in the appellate court.

To find: The languages of statutes construed by the court.

(d)

Summary Introduction

Case summary:R and N were the partners in LLC. They both disagreed with their company’s management and could not resolve the disagreement. Partner N decided to dissolve the company, but partner R wanted to continue with the company and dissociate N. N filed a suit for the dissolution of LLC and she counterclaimed for N’s dissociation. The decision was passed in favor of N. Aggrieved by the decision, person R appealed in the appellate court.

To find:The language construction by the court that led to the result.

Answer 6

Chapter 17, Problem 9BCP

(a)

Summary Introduction

Case summary: R and N were partners in LLC. They both disagreed with their company’s management and could not resolve the disagreement. Partner N decided to dissolve the company, but partner R wanted to continue with the company and dissociate N. N filed a suit for the dissolution of LLC and she counterclaimed for N’s dissociation. The decision was passed in favor of N. Aggrieved by the decision, R appealed in the appellate court.

To find:The party’s choice on which issue was framed on the appeal of the R’s case.

Answer 7

Chapter 17, Problem 9BCP

(a)

Summary Introduction

Case summary: R and N were partners in LLC. They both disagreed with their company’s management and could not resolve the disagreement. Partner N decided to dissolve the company, but partner R wanted to continue with the company and dissociate N. N filed a suit for the dissolution of LLC and she counterclaimed for N’s dissociation. The decision was passed in favor of N. Aggrieved by the decision, R appealed in the appellate court.

To find:The party’s choice on which issue was framed on the appeal of the R’s case.

Answer 8

(b)

Summary Introduction

Case summary: R and N were partners in LLC. They both disagreed with their company’s management and could not resolve the disagreement. Partner N decided to dissolve the company, but partner R wanted to continue with the company and dissociate N. N filed a suit for the dissolution of LLC and she counterclaimed for N’s dissociation. The decision was passed in favor of N. Aggrieved by the decision, person R appealed in the appellate court.

To find:The rules of interpretation used by the appellate court.

Answer 9

(b)

Summary Introduction

Case summary: R and N were partners in LLC. They both disagreed with their company’s management and could not resolve the disagreement. Partner N decided to dissolve the company, but partner R wanted to continue with the company and dissociate N. N filed a suit for the dissolution of LLC and she counterclaimed for N’s dissociation. The decision was passed in favor of N. Aggrieved by the decision, person R appealed in the appellate court.

To find:The rules of interpretation used by the appellate court.

Answer 10

(c)

Summary Introduction

Case summary: R and N were the partners in LLC. They both disagreed with their company’s management and could not resolve the disagreement. Partner N decided to dissolve the company, but partner R wanted to continue with the company and dissociate the partner N. N filed a suit for the dissolution of LLC and she counterclaimed for N’s dissociation. The decision was passed in favor of N. Aggrieved by the decision, person R appealed in the appellate court.

To find: The languages of statutes construed by the court.

Answer 11

(c)

Summary Introduction

Case summary: R and N were the partners in LLC. They both disagreed with their company’s management and could not resolve the disagreement. Partner N decided to dissolve the company, but partner R wanted to continue with the company and dissociate the partner N. N filed a suit for the dissolution of LLC and she counterclaimed for N’s dissociation. The decision was passed in favor of N. Aggrieved by the decision, person R appealed in the appellate court.

To find: The languages of statutes construed by the court.

Answer 12

(d)

Summary Introduction

Case summary:R and N were the partners in LLC. They both disagreed with their company’s management and could not resolve the disagreement. Partner N decided to dissolve the company, but partner R wanted to continue with the company and dissociate N. N filed a suit for the dissolution of LLC and she counterclaimed for N’s dissociation. The decision was passed in favor of N. Aggrieved by the decision, person R appealed in the appellate court.

To find:The language construction by the court that led to the result.

Answer 13

(d)

Summary Introduction

Case summary:R and N were the partners in LLC. They both disagreed with their company’s management and could not resolve the disagreement. Partner N decided to dissolve the company, but partner R wanted to continue with the company and dissociate N. N filed a suit for the dissolution of LLC and she counterclaimed for N’s dissociation. The decision was passed in favor of N. Aggrieved by the decision, person R appealed in the appellate court.

To find:The language construction by the court that led to the result.

Answer 14

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Answer 15

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Answer 16

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Answer 17

Ch. 17 - Prob. 1RE Ch. 17 - Prob. 2RE Ch. 17 - Prob. 3RE Ch. 17 - Prob. 4RE Ch. 17 - Prob. 1IS Ch. 17 - Prob. 2IS Ch. 17 - Prob. 1BS Ch. 17 - Prob. 2BS Ch. 17 - Prob. 3BCP Ch. 17 - Prob. 4BCP

Solution Summary: The author explains the rules of interpretation used by the appellate court in R and N's case.

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Chapter 17 Solutions