Study Guide for Legal Environment of Business Laws Reading Page 156 177 198 231 234 257 260 277 Read page 658 667 about U S Constitution On September 17 1787 forty two of the 55 delegates to the Constitutional Convention held their final meeting Only one item of business occupied the agenda that day to sign the Constitution of the United States of America 100 Senators each state has 2 senators 435 house representatives the number of house representatives is divided by the population of the state Summary of Seven articles of the constitution of the United States of America Article 1 Legislative Branch the U S Congress makes the laws for the United States Congress has two parts called Houses the House of Representatives and the Senate What can U S Congress do 1 Federal beget 2 Regulate commerce 3 Declare war 4 Taxes 5 Print money 1 Approval vital legislation 2 Appoint federal government 3 Carry out foreign policy Police Power the authority a state or local government has to protect the public s health safety morals and general welfare Article 2 Executive Branch the President Vice President Cabinet and Departments under the Cabinet Secretaries carry out the laws made by Congress Article 3 Judicial Branch the Supreme Court decides court cases according to US Constitution The courts under the Supreme Court decide criminal and civil court cases according to the correct federal state and local laws Article 4 States powers States have the power to make and carry out their own laws State laws that are related to the people and problems of their area States respect other states laws and work together with other states to fix regional problems Full Faith and Credit shall be given in each State to the public Arts Records and judicial Proceedings of every other State And the Congress may by general Laws prescribe the Manner in which such Acts Records and Proceedings shall be proved and the Effect thereof Section 2 the citizen of each State shall be entitled to all Privileges and Immunities of Citizens in the several states Article 5 Amendments The Constitution can be changed New amendments can be added to the US Constitution with the approval by a two thirds vote in each house of Congress 67 281 and three fourth vote by the states 38 Methods to proposing Amendments 1 It has to pass by 2 3 votes in each house of US State Congress 2 The legislature of 2 3 of the state call for a constitutional convention and 3 4 of the state must approve this has never been used Article 6 Federal powers The Constitution and federal laws are higher than state and local laws All laws must agree with the US Constitution Article 7 Ratification The Constitution was presented to George Washington and the men at the Constitutional Convention on September 17 1787 Representatives from twelve out of the thirteen original states signed the Constitution From September 1787 to July 1788 the states meet talked about and finally voted to approve the Constitution Bill of Rights is the first 10 amendments to the United States Constitution which limit the power of the U S federal government First 10 amendments limit power of federal government regarding WHAT THEY CANNOT DO 13th amendment abolish of slavery 14th amendment all persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States and of the State wherein they reside No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States nor shall any State deprive any person of life liberty or property without due process of law or deny to any person with its jurisdiction the equal protection of the laws The 14th amendment is very similar to first 10 amendments bill of rights however it emphasizes that the STATE CAN NOT DEPRIVE EQUAL PROTECTION OF THE LAW while the first 10 amendments puts more emphasizes on the power of federal government Equal Protection the guarantee of uniform treatment under state law of all persons in similar circumstances http www casebriefs com blog law evidence evidence keyed to waltz governmental Marbury V S Madison 1803 Case brief summary http www lawnix com cases marbury madison html 1974 U S V S Nixon Full story http www enotes com supreme court drama united states v nixon priveleges united states v nixon Notes neither the doctrine or confidentiality can sustain a presidential privilege of immunity it is the duty of judicial department to say what the law is PORPERTY Real Property land things that attached to the ladn Personal Property tangible property Intangible property bank account stock bonds intellective property REAL PORPERTY Nuisance the unreasonable interference with the owners use enjoyment of the property Fixture an article that was personal property that has been attached to a land so that the article is regarded as a part of real estate E g microwave carpet toilet windows Easement the right to the use the land of another for a particular purpose Deed a document representing the title or ownership of land Documents need to be recorded 1 Deeds 2 Moorage 3 Easement Lien 4 Lease three years or more 5 Coownership Testate die with a valid will Intestate die without leaving a will 1 Tenancy in common one doesn t get if another dies Ownership of property with no right of survivalship 2 Joint tenancy one gets the ownership if another dies Concurrent ownership with a right of survivalship Probate Property assets that disposition of which are controlled by the decedent s will or by the stature of decent distribution Non Probate Property asset that disposition of which are not controlled by the decedent s will or by the stature of decent distribution Landlord law tenant law are only applies to residents Trust a right of property holds by one for the benefit of another Three parties 1 Settlor or grantor people who gives things away 2 Trustee middle person 3 Beneficiary person who gets things Zoning public control over the use land You are allowed to challenge the zoning laws Zoning Ordinance laws that limit land use based usually or residential commercial or industrial designations GOVERNMENT MAKES THE ZONING LAWS Deed a document representing the title or ownership of land Deed Restriction a prevision to control how future landowners may or may not use the property Eminent domain the government s constructional power to take private property for public use upon the payment of just compensation Kelo VS City of New London Case brief
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