BLaw 210 1nd Edition Lecture 7 Outline of Last Lecture I US Constitution Preamble II Major Functions of the Constitution III Government IV The Process Clause V Equal Protection Clause Outline of Current Lecture I First Amendment II Freedom of Speech III Dispute Settlement IV Federal Anti Trust Act V Sherman Act Current Lecture I II First Amendment a Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof or abridging the freedom of speech or of the press or the right of the people to peaceably to assemble and to petition the government for a redress of grievances Freedom of speech a Fully protected speech i Speech the government cannot prohibit or regulate b Limited protected speech i Commercial speech ii Offensive speech These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute III IV V c Unprotected speech i Dangerous speech ii Fighting words iii Obscene speech Dispute Settlement a The U S has a dual court system federal courts and courts of the states commonwealths and territories b The 2 systems are independent except in matters concerning the interpretation and enforcement of federal law c Juristiction a courts rights power or authority to hear and decide a particular case i Substantive law law that creates defines and regulated duties and parties ii Procedural law prescribes methods for enforcing rights of obtaining redress for their violation d Venue i The location where a court with jurisdiction should hear a suit e Procedure i The process of a lawsuit begins with the decision to bring a lawsuit 1 The lawsuit begins with an injured party the plaintiff files the lawsuit 2 Pleadings refers to the paperwork by which the parties intake respond to and define the scope of a lawsuit Federal Ant Trust Law a The basis of Federal ATL is the desire to foster competition b The law prohibits anti competitive practiced because of our belief that competition leads to lower prices generates more product inflation and results in a more equitable distribution of wealth between consumers and producers Sherman Act 1890 a Jurisdictional Application to restraints that have a significant impact on Interstate Commerce b Section 1 Every contract combination in the form of trust or otherwise or conspiracy in restraint of trade is hereby declared to be illegal Restrictive Agreements Wrongful Purpose c Section 2 Every person who shall monopolize shall be deemed guilty of a felony Misuse of monopoly power in marketplace