MGMT 211 Exam 1 Study Guide Lecture 1 Chapter 1 The two major roles of law regulatory role and dispute regulation role o The dispute regulation role is major and focuses on disputes between 2 parties o The regulatory role is proof that you will never be your own boss the government will always be in charge of you In defining the law there is always grey areas the grey areas make it difficult to define o The best description is that the law is a collection of rules deciding how the government will treat its citizens and how citizens will great the government and other citizens as well as enforcement of the rules o Enforcement of the law leads to stability and predictability What are the sources of law o Constitutional law is the supreme law of the land It s derived from the Constitution o The legislative branch provides statutory laws they are laws that are written in concordance with the Constitution o In the executive branch the President has the power to issue executive orders has the power to veto controls executive branch agencies and bureaus and appoints judges o The judicial branch provides interpretation of the laws they can enforce the law or create new law on a case by case basis They create common law which comes about with the cases they see Stare decisis follow previously decided cases unless courts determine a good legal reason to change it Establishes judicial review which is the power of the Courts to declare an act of Congress President unconstitutional or not Marbury v Madison the court case that established judicial review Classifications of law o Federal law law at the national level applies to all states o State law varies from state to state Texas Spanish law Louisiana French law Mississippi English law o Public law government is involved o Private law government is not involved between parties o Criminal law the purpose is punishment exclusively statutory law o Civil law purpose is to reimburse the individuals who have have been wronged o o Equity o o Substantive law heart of the law rights and duties defined Procedural law step by step process Legal remedies pay for damages once harm has occurred money Equitable remedies when money does no good an attempt to avoid any harm Chapter 2 The United States first operated under the Articles of Confederation Colonists came to the new world still loyal to Britain but when Britain realized how expensive it was to have colonists in the new world they started taxing them Eventually it led to creation of the Declaration of Independence The colonists won their independence in the Revolutionary War guerilla warfare Lecture 2 Chapter 2 Continued Historical context of the Constitution o Declaring independence was not a smart move for the colonists they had no army or navy to go against Britain they won the war by cheating guerrilla o The new national government had little power Had no power to tax so no power to raise an army o Shay s Rebellion The rebellion highlighted the national government s lack of power leaders realized it was time for a change o A meeting was called in Annapolis Maryland in September 1786 but with representatives from only 5 of the 12 states another meeting was planned for May 1787 in Philadelphia o Constitutional Convention May 1787 Philadelphia Central government with 3 branches and a system of checks and balances Delegates illegally decided to do away with the Articles of Confederation now only had to agree for ratification There were a series of conflicting ideas which led to a series of compromises Great Compromise in the Senate every state has 2 seats in the House of Representatives it was proportionate to the states populations 3 5 Compromise slaves would count as 3 5 of a person in voting In the end the new Constitution was very general and left a lot out Federalists John Jay James Madison author of Constitution and Alexander Hamilton supported the Constitution Anti Federalists Thomas Jefferson against the Constitution In an effort to get the Constitution ratified the Bill of Rights was added which protected personal rights and states rights Constitution was then ratified in March 1789 Created the 3 branches executive judicial and legislative system of checks and balances Commerce clause most significant power to regulate business o Congress will have power to regulate commerce with foreign nations amongst several states and with Indian tribes o Gibbons v Ogden The Supreme Court under John Marshall ruled that commerce involving more than one state is interstate commerce and the national government controls any form of interstate commerce It opened a door Congress has the power to regulate business that affects more than one state o Wickard v Filburn It showed the cumulative effect principle It also showed that even local activity can be regulated o McCulloch v Maryland Example of the Necessary and Proper Clause Courts used Article 2 of the Enumerated Powers The Civil War o The south wanted to protect slavery so those states seceded when Lincoln was elected o The Battle at Fort Sumter began the war with the Union winning to end the war o States lost their rights to secede permanently and slavery was ended The south continued to fight for their states rights o Plessy v Ferguson o Jim Crow Laws o White Primary Texaas Limits to slavery o Brown v Board ruled that Plessy v Ferguson was unconstitutional separate but equal not allowed o 1964 Civil Rights Act Had many violators in the deep south 1965 Workers sent into the south to enforce Heart of Atlanta case was a white only motel but since it took part in interstate commerce the national government was in charge no longer white only Ollie s BBQ Restaurant had a white only dining room claimed to buy all products locally demonstrated cumulative effect if all restaurants bought locally it would affect interstate commerce Limits on the Commerce Clause o U S v Lopez Court voted that the Gun Free School Zone Act was unconstitutional o Created 3 criteria Congress regulates mediums of interstate commerce Congress regulates contributions persons or things in interstate commerce Congress has the power to regulate having substantial relation to interstate commerce To be considered interstate commerce it must fall under one of these 3 criteria Supremacy Clause o When both state and federal law covers the same subject the federal law is supreme and the state law is averted to the extent that it s in conflict with the federal law o Maine v Taylor Maine law you