Exam 1 BCOR 3000 Chapter 1 09 17 2015 Law body of enforceable rules governing relationships among individuals and between individuals and their society U S Constitution Supreme law of the land 4 sources of American Law 1 Constitutional Law o U S Constitution any law that challenges it will be declared unconstitutional and unenforceable o State Constitutions 10th Amendment all powers not granted to the federal government belong to the states Unless it conflicts with U S Constitution or a federal law a state s constitution is the supreme law of the land within state borders 2 Statutory Law laws created by legislation congress state local o The body of law enacted by legislative bodies Includes local ordinances or statutes laws rules or orders passed by municipal or county governing units to administer matters not covered by federal or state law Dog poop example o Uniform Laws created by the National Conference of Commissioners on Uniform State Laws Developed for that states to consider enacting into statute to help ease the difficulties of interstate commerce in the 1800s o Uniform Commercial Code UCC Adopted in 1952 by all 50 states UCC facilitates commerce among the states by providing a uniform yet flexible set of rules governing commercial transactions 3 Administrative Law o Rules orders and decisions established by administrative agencies of the federal state or local governments o Power of Administrative Agencies Adjudication ability to conduct mini trials involving it s rules based on investigatory and prosecutorial powers Rulemaking must comply with the APA 1946 4 Case Law and Common Law Doctrines o Common law a body of general rules that applied throughout the entire English realm o Precedent a court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts o Stare Decisis 1 Decisions made by a higher court are binding on lower courts 2 A court should not overturn its own precedents unless there is a strong reason to do so 3 Helps courts be more efficient and makes law more stable and predictable Classifications of Law Substantive Law carrying out laws o All laws that define describe regulate and create legal rights and obligations Procedural Law methods to enforce the laws o All laws that establish the methods of enforcing the rights established by substantive law Civil Law personal rights given by the gov t o Spells out the rights and duties that exist between person and their governments and the relief available when a person s rights are violated Criminal Law laws that identify wrongs against society o Involves law established to identify wrongs committed against society for which society demands redress Chapter 2 Federal Form of Government system characterized by sharing of power between federal and state governments Separation of Powers to prevent against the national government extending too broad of a reach Constitution divided into 3 separate but equal branches These branches make checks on each other through the checks and balances system 1 Legislative Branch makes the laws 2 Executive Branch enforces the laws 3 Judicial Branch interprets the law The Commerce Clause to prevent states from establishing laws and regulations that would interfere with trade and commerce among the states Gibbons vs Ogden 1824 ferry o John Marshall found that national government under the commerce clause had the power to regulate any intrastate within the state commerce that substantially affects interstate among multiple states commerce Waterways between new york and jersey were considered interstate commerce Wickard vs Filburn 1942 o Supreme Court held that wheat production by an individual farmer intended wholly for consumption on his own farm was subject to federal regulation The court reasoned that the home consumption of wheat reduced the market demand for wheat and thud could have a substantial effect on interstate commerce Heart of Atlanta Motel vs United States 1964 o Court ruling that because African Americans had to drive further out of the way of the motel that this substantially affected the interstate commerce of those travelling along the interstate Because African Americans had to drive further to stay at a different motel they were affecting interstate commerce Dormant commerce clause dormant implies states cannot regulate interstate commerce States can pass laws involving commerce as long as they don t think CA emissions case ethanol not allowed b c of high GHG gases being produced Since CA had ethanol producers and they had to sell outside of CA it was fair with other ethanol producers and didn t conflict with either below Conflict with federal laws Place a burden on interstate commerce Supremacy Clause constitution laws and treaties of the United States are the supreme Law of the Land Federal laws preempt or take precedence over conflicting state or local laws on the same topic Supreme Court decides the limits for each of the bill of rights 1st amendment freedom of speech purpose to grant you freedom of speech while protecting you against government Compelling Government Interest used to analyze a law that regulates the content of the expression In order for this law to be valid there must be a compelling government interest that can be furthered only by the law in question Why is the gov t passing this statute What is it s goal Corporate political speech fully protected Commercial speech limited protection Restriction on commercial speech is typically upheld if Substantial Interest Test o 1 Seeks to implement a substantial government interest o 2 Directly advances that interest and o 3 Goes no further than necessary to accomplish its objective MUST BE ALL THREE Obscene speech no protection Establishment Clause prohibits the government from establishing a state sponsored religion as well as from passing laws that promote aid or endorse religion or show a preference for one religion over another Free Exercise Clause guarantees that a person can hold any religious belief that she or he wants or a person can have no religious belief Due Process Clause guarantees that no person including businesses shall be deprived of life liberty or property without due process of law 2 Types of Due Process 1 Procedural requires that any government decision to take life liberty or property must be made fairly and cannot be done arbitrarily The following must be provided to the accused o Proper notice o Opportunity to be heard