BLaw 210 1nd Edition Lecture 7 Outline of Last Lecture I. US Constitution: PreambleII. Major Functions of the ConstitutionIII. GovernmentIV. The Process ClauseV. Equal Protection ClauseOutline of Current Lecture I. First AmendmentII. Freedom of SpeechIII. Dispute SettlementIV. Federal Anti-Trust ActV. Sherman Act Current LectureI. First Amendmenta. Congress shall make no law respecting an establishment of religion or prohibitingthe 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 governmentfor a redress of grievancesII. Freedom of speech a. Fully protected speechi. Speech the government cannot prohibit or regulateb. Limited protected speechi. Commercial speechii. Offensive speechThese 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.c. Unprotected speechi. Dangerous speechii. Fighting wordsiii. Obscene speechIII. Dispute Settlementa. The U.S. has a dual court system; federal courts and courts of the states, commonwealths, and territoriesb. The 2 systems are independent except in matters concerning the interpretation and enforcement of federal lawc. Juristiction; a courts rights, power, or authority,to hear and decide a particular casei. Substantive law; law that creates, defines, and regulated duties and partiesii. Procedural law; prescribes methods for enforcing rights of obtaining redress for their violation d. Venuei. The location where a court with jurisdiction should hear a suite. Procedurei. The process of a lawsuit begins with the decision to bring a lawsuit1. The lawsuit begins with an injured party, the plaintiff files the lawsuit2. Pleadings refers to the paperwork by which the parties intake, respond to, and define the scope of a lawsuitIV. Federal Ant-Trust Lawa. 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 V. Sherman Act (1890)a. Jurisdictional Application: to restraints that have a significant impact on Interstate Commerceb. 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
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