Exam 1 Business Law

Judge-made law

Using the rulings on a particular issue and applying them in future cases - "Let the decision stand"

You have no duty to assist someone in peril unless you created the danger.

Cases and how the law has molded over years:
-Union Pacific Railway Co. vs. Cappier
-Carey v. Davis
-Osterlind v. Hill
-Tarasoff v. Regents of the University of California

A proposed statute submitted to Congress or a state legislature.

New issue, Unpopular Judicial Ruling, Criminal Law

The power of the precedent of the president to reject legislation passed by Congress.

How a statute is interpreted and applied

Tool for statutory interpretation: When a statue's words have ordinary, everyday significance. The words are straight forward.

Tool for statutory interpretation: If the language is unclear, the court must look deeper. The court will look at the law's history of what was happening when that law was written.

Tool for statutory interpretation: If the legislative history is unclear, courts will rely on public policy.

Rules and regulations created by government agencies who were created by Congress!!!!

President CANNOT fire head of agency (checks and balance!)
-Part of executive branch

Examples: FCC, EPA, FTC, NLRB, etc.

-President HAS the power to fire / hire head of agencies
-Part of executive branch

Examples: IRS, FBI, FDA, etc.

Administrative rulemaking (power of agencies)

Small group makes rule and uses trial and error type system where it is enforced and feedback is given overtime until they reevaluate using public comments

Hearings with experts and public input with hope of making rule better

Administrative law judge: hears claim and determines if agency got the initial ruling correct

-Person can appeal to administrative panel (still part of agency)

-If they still don't like the answer (and have money to throw), can file to US District Court

Established legislative branch / Congress

Established executive branch

Established judicial system

First 10 Amendments of the Constitution which establishes people's individual rights

Lists the 18 types of statutes Congress is allowed to pass such as imposing taxes, declaring war, and coining money

Gives Congress power to regulate commerce with interstate trade (encouraging trade between states) as well as foreign nations

Stated that Congress may regulate any activity that has a substantial economic effect on the Commerce Clause

Prevents states from creating regulations / higher taxes on other states discriminating against interstate commerce (Ex. Think of Texas oranges being sold in Florida and Florida imposing higher taxes- would be unconstitutional and not allowed)

Makes the Constitution and federal statutes and treaties, the top power

Appointment, Legislation, Foreign Policy

Adjudicating cases, Judicial review

federal courts can declare a statute or governmental action unconstitutional and void

established judicial review

The court's willingness to become involved in major controversial issues and decide cases on constitutional grounds

The court's not becoming involved in controversial issues and leaving it to legislative law makers

Amendments to the constitution protecting people from the power of the federal government

Johnson burned the American flag but was protected under the first amendment

Government may regulate the blank, blank, and blank of speech even if it is protected in 1st Amendment

Before depriving anyone of liberty or property, the government must go through certain steps, or procedures to ensure that the result is fair.

When the government takes property for public use, it has to pay a fair price.
Example: Taking private land to build a highway- must pay for land

A form of due process that holds that certain rights are so fundamental that the government may not eliminate them

Equal protection clause: different scrutiny for different violatoins

14th Amendment- Economic and social relations. Government actions that classify people or corporations on these bases are almost always upheld

14th Amendment- Gender. Government classifications are sometimes upheld

14th Amendment- Race, ethnicity, and fundamental rights. Classifications based on any of these are almost never upheld

The tendency to decide current cases based to previous rulings

Legislative, Executive, and Judicial powers

Gives the ability to create new laws. Includes Congress

is the authority to enforce laws. The president is the Commander in chief of the armed forces.

gives the right to interpret laws and determine their validity. Supreme Court is the head of the Judicial branch.

establishes the state government guarantees the rights of state residents

Supreme law in the United States in 1787. Originally written, then revised and addition of Bill of Rights.

Passes statues on state laws and creates state agencies

create state common law interpret statues review constitutionality of statues and other acts

Passes statues, ratifies treaties, creates administrative agencies

interpret statues create federal common law review the constitutionality of statues and other legal acts

Free speech, free press, and the free exercise of religion. *
PROTECTION FROM GOV'T ACTOIN! NOT PRIVATE ACTION!!!

speech protected until likely to create imminent lawless action

Laws that agencies create

Penal Law (statute) passed by Congress or state legislature and prohibits certain behavior that is prosecuted by the gov't

regulates the rights and duties between parties

YES!

YES!

French aristocrat known for founding Democracy in America (1835)

Level playing field (anyone can sue anyone), transparency (anybody can watch any trial), judicial system letting anyone have access to legislature

England (late 1700's) and used English law as baseline and went from there

A decision of a higher court that must be followed by lower courts in the same hierarchy
(trial court--> court of appeals --> Supreme court)

Judges and Courts INTERPRET the law!! They do not make laws****

A split among the federal circuit courts of appeals on the meaning of a federal law. Resolved once Supreme Court makes executive decision.

Creates possible option of moving a lawsuit to a place where the court has more favorable laws (ex. Car manufacturers and favorable laws in Michigan)

Nation was created to protect PEOPLE FROM GOVERNMENT!!!

Each state has its own court system

Individual Liberties (property laws)

Uninos, product safety, labor laws, anti-trust laws-
during Industrial Revolution

TECHNOLOGY, Auto Manufacturing safety and standards, environmental protection, contract laws (keeping up with technology / internet)

Artificial intelligence and TSA- US laws shift with society and technology

1. Establishes national gov't / sets up 3 branches (legislative, executive, judiciary)

2. Creates system of checks and balances through
things like: Veto, impeachment, Senate has to approve judicial nominees, judicial review, Amendment of the Constitution, Gridlock is status quo, etc.

3. Guarantee of basic individual rights in Bill of Rights

Laws written by Congress / legislative body (state, federal, etc.)

1. Bill created and sponsored by a Senator
2. Given to committee who debates and votes
3. If votes through, goes to Executive branch / president who can sign or veto
4. If voted through but vetoed by president, than senate can vote and if senate votes 2/3 in favor, than Bill can be passed

Plessy v. Ferguson (1896)- separate but equal is constitutional
--->
Brown v. Board of Education (1954)- school segregation is unconstitutional

An order to not do something (restraining order)

Congress

Power of agencies: New regulation requiring individual to act a certain way.
Example: Making people not pour mercury in body of water

Power of Agencies: Interpreting another rule (does not create new regulations)

-Subpoena: Order to have somebody appear at a particular time and place to provide evidence

-Subpoena duces tecum- Requires the person to appear and bring documents.
(Subpoenas must be relevant, not be too burdensome, and not be privileged)

-Inspection- agency going to them (to a factory or wherever and inspecting / searching)

-Freedom of Information Act (FOIA): allows people to access agency information through a request form (think of blueprint for hospital burner example)
-Statutory control
-Political control: can vote people into power who will write more favorable laws
-Judicial review: court can limit power if agency is outside of what they are allowed to do

Congress can regulate any activity that has a substantial economic effect on the interstate commerce

Gun Free school zone act: Congress goes too far and Lopez wins b/c it had no effect on economic commerce- Congress tries to use substantial effect rule but loses because

Gave us the concept of Judicial review to determine if something was unconstitutional or not

Right to bear arms- was used for protection for foreigners ,hunting, etc. back in the day and is very controversial

Protection from housing soldiers

Unreasonable searches and seizures- would have to go to judge for a warrant

Due process and self incrimination- you don't have to testify against yourself: no gov't incentive to torture to get info (You don't have to say shit)

Right to a speedy trial: not having a case hang over a person for years on end

Trial by Jury: Letting jury or judge (depends) decide fate

Cruel and unusual punishment: was not an uncommon thing when created

People entitled to rights not listed in the Constitution

Any power not given to Federal government is reserved by the states

Used to determine whether something is obscene or not and if it is protected

Enabling legislation: defining a problem to be solved, establishing the agency, defining the agencies power