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NIU MGMT 217 - Constitution

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1. answer2. motionsa) to dismiss (on the pleadings)b) summary judgment3. discoverya) interrogatoriesb) depositions4. Jury triala) Voir direb) Challenges(1) Cause(2) PeremptoryB. Trial1. opening statement2. direct examination3. cross examination4. evidencea) hearsayb) relevancec) expert testimony(1) reliable foundation(2) relevant to task at hand5. motion for directed verdict6. defendant’s case7. closing arguments8. jury instructions9. verdict10. judgment NOVC. AppealII. ALTERNATIVE DISPUTE RESOLUTIONS (ADRs)A. Advantages of ADRs over Litigation1. Time2. Money3. Privacy4. Flexibilitya) Evidenceb) RemediesB. Disadvantages of ADRs versus Litigation1. potential “home court” bias2. loss of procedural safeguards.3. privacy is not always a good thing.C. Types of ADRs1. arbitration2. mediation3. minitrials4. private courtsI. CONSTITUTIONAL STRUCTURE OF GOVERNMENTA. Federal StructureB. Commerce Clause1. Congress regulates interstate commercea) Interstate v. Intrastateb) Case guidance(1) Wickard v. Filburn(2) Ollie’s BBQ(3) Must involve some aspect of commerceC. Limiting the Government’s Power1. Freedom of Speecha) What is speech?(1) Symbolic speech(2) Words, gesturesb) Government restrictions on speech(1) Reasonable restrictions(a) Content neutral(b) Restriction content(i) Compelling government interest, and(ii) Interest can only be furthered by the law2. Freedom of Speech in Businessa) Businesses have political speech rights similar to individualsb) Commercial Speech(1) Governments may regulate commercial speech if they can meet the criteria of the 4-part test below.(a) Speech at issue concerns a lawful activity and is not misleading(b) The regulation seeks to implement a substantial governmental interest(c) The regulation directly advances the governmental interest(d) The regulation restricts speech no more than necessary to achieve the governmental interest.(2) Bad Frog BreweryLecture:Each branch of the Federal Government has certain powers. The Legislative branch makes the law, the Executive branch enforces the law, and the judicial branch interprets the law. Some powers were given to the states such as police powers.The Supremacy Clause: The Federal Government is supreme over the states. States can’t make laws that go against Federal laws.Congress controls business between states which is interstate commerce. Intrastate commerce is business within a state.The Constitution gives U.S citizens the right to Freedom of Speech. This includes symbolic speech such as T-Shirts and flag burning and nonverbal speech. Congress can, however, restrict speech if it is content neutral. This means that the law holds for all speech, not just speech that the government doesn’t like. The law also must be worded so that it cannot be interpreted broadly. The government must also have some purpose in making the law that can only be met by making the law. Businesses have the same right to freedom of speech as individuals do. Commercial speech may not be restricted any more than necessary.MGMT 217 1st Edition Lecture 6Outline for last lecture:1. answer2. motionsa) to dismiss (on the pleadings)b) summary judgment3. discoverya) interrogatoriesb) depositions4. Jury triala) Voir direb) Challenges(1) Cause(2) PeremptoryB. Trial1. opening statement2. direct examination3. cross examination4. evidencea) hearsayb) relevancec) expert testimony(1) reliable foundation(2) relevant to task at hand5. motion for directed verdict6. defendant’s case7. closing arguments8. jury instructions9. verdict10. judgment NOVC. AppealII. ALTERNATIVE DISPUTE RESOLUTIONS (ADRs)A. Advantages of ADRs over Litigation1. Time 2. Money3. Privacy4. Flexibilitya) Evidence b) RemediesB. Disadvantages of ADRs versus Litigation1. potential “home court” bias2. loss of procedural safeguards.3. privacy is not always a good thing.C. Types of ADRs1. arbitration2. mediation3. minitrials4. private courtsOutline for this lecture:I. CONSTITUTIONAL STRUCTURE OF GOVERNMENTA. Federal StructureI. Separation of powersa. Legislativeb. Executivec. JudicialII. Reservation of Powers to the States-Police PowersIII. The Supremacy ClauseB. Commerce Clause1. Congress regulates interstate commerce a) Interstate v. Intrastateb) Case guidance(1) Wickard v. Filburn(2) Ollie’s BBQ(3) Must involve some aspect of commerceSee, Handgun regulation casesC. Limiting the Government’s Power1. Freedom of Speech-Congress shall make no law …abridging the freedom of speech.a) What is speech?(1) Symbolic speech(2) Words, gesturesb) Government restrictions on speech(1) Reasonable restrictions(a) Content neutral-narrowly tailored, See, Doe v. Prosecuter, Marion County, Law forbidding sex offender from using social web sites.(b) Restriction content(i) Compelling government interest, and(ii) Interest can only be furthered by the law2. Freedom of Speech in Businessa) Businesses have political speech rights similar to individualsb) Commercial Speech (1) Governments may regulate commercial speech if theycan meet the criteria of the 4-part test below.(a) Speech at issue concerns a lawful activity and is not misleading(b) The regulation seeks to implement a substantial governmental interest(c) The regulation directly advances the governmental interest(d) The regulation restricts speech no more than necessary to achieve the governmental interest.(2) Bad Frog BreweryLecture:Each branch of the Federal Government has certain powers. The Legislative branchmakes the law, the Executive branch enforces the law, and the judicial branch interprets the law. Some powers were given to the states such as police powers.The Supremacy Clause: The Federal Government is supreme over the states. Statescan’t make laws that go against Federal laws. Congress controls business between states which is interstate commerce. Intrastate commerce is business within a state. The Constitution gives U.S citizens the right to Freedom of Speech. This includes symbolic speech such as T-Shirts and flag burning and nonverbal speech. Congresscan, however, restrict speech if it is content neutral. This means that the law holds for all speech, not just speech that the government doesn’t like. The law also must be worded so that it cannot be interpreted broadly. The government must also have some purpose in making the law that can only be met by making the law. Businesses have the same right to freedom of speech as individuals do. Commercial speech may not be restricted any more than


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