business law case.
ENCINO MOTORCARS, LLC v. NAVARRO ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 16–1362. Argued January 17, 2018—Decided April 2, 2018
Your assignment is to read, in its entirety, the U.S. Supreme Court decision in ENCINO MOTORCARS, LLC v. NAVARRO ET AL. (2018). You’ll find the link on the U.S. Supreme Court website at www.supremecourt.gov.
After reading this entire Supreme Court decision, answer each on the following questions in the order below:
Note: You responses must be typed. Cut and paste these questions and type the answer following the respective question.
Here we go:
1) Justice Thomas wrote the opinion for the majority. Who joined him?
2) The case is subtitled ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT. What is the meaning of “certiorari.”
4) Using your own words give a summary of the underlying facts for the case answering these questions.
-Who is the Petitioner?
-Who is the Respondent?
-What is it that the Respondents do at the Petitioners business?
-Who initially sued whom for what?
5) Was this initially a state or federal court case? Why?
6) For whom did the District court rule?
7) The decision was appealed to the 9th Circuit Court of Appeals. What did they decide and why?
8) The focus of this opinion is on the FLSA. What is the focus of this piece of legislation?
9) On page two of the majority opinion the court refers to legislation passed in 1974. What was the impact of that legislation?
10) On page 3 of the majority opinion the court points to something “the Department” did in 2011. Which Department are they referring to? And what did they do?
11) The Supreme Court remanded the case to the 9th Circuit. What does that mean?
12) On page 4 the 9th Circuit made another ruling. Who won that time around?
13) How did the Supreme Court respond?
14) On page 5 of the majority opinion the Court announces the “question” that they must answer. What is that question? What is their answer?
15) The Court on page 6 cited Taniguchi v. Kan Pacific Saipan, Ltd., 566 U. S. 560, 566 (2012). In your own words,what are the facts in that case?
16) On page 6 the Court cites Oxford English Dictionary. Why?
17) The Court on page 7 compares Service Advisors to Partsmen. Why?
18) On page 7 the court focuses on the word “or.” Why?
19) Page 8 of the majority opinion focus extensively on English grammar, construction and mechanics. Do you believe the legislative drafters focused as much on these issues as the Court did?Why or why not?
20) Page 9, the Court talks about legislation being “narrowly construed.” What did they mean?
21) On page 10 the court writes, “The Ninth Circuit first relied on the Department’s 1966–1967 Occupational Outlook Handbook.” What is the Occupational OUtlook Handbook?Why was it brought up?
22) Justice Ginsburg wrote the dissent. Who joined her?
23) What did Justice Ginsburg believe was the “question presented?”
24) What reason did she give for answering this question “no”?
25) She, too, refers to Occupational Outlook Handbook. Why?
26) The dissent refers to TRW Inc. v. Andrews, 534 U. S. 19, 28 (2001). In your own words, what were the facts of this case?
27) Why did they cite the TRW case?
28) On page 7 Justice Ginsburg writes, “Unlike salesmen, partsmen, and mechanics, service advisors “work ordinary, fixed schedules on-site.” What was her point?
29) what is the “commission-pay” exemption cited on page 9 of the dissent?
30) Do you agree with the majority or the dissent? Why?
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