MGMT 211 Exam 1 Study GuideLecture 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 partieso 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 defineo 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 ruleso 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 Constitutiono The legislative branch provides statutory laws; they are laws that are written in concordance with the Constitutiono 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 judgeso 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 lawo Federal law: law at the national level; applies to all stateso State law: varies from state to state Texas: Spanish law; Louisiana: French law; Mississippi: English lawo Public law: government is involvedo Private law: government is not involved; between partieso Criminal law: the purpose is punishment; exclusively statutory lawo Civil law: purpose is to reimburse the individuals who have have been wrongedo Substantive law: heart of the law; rights and duties definedo Procedural law: step-by-step process- Equityo Legal remedies: pay for damages once harm has occurred (money)o Equitable remedies: when money does no good; an attempt to avoid any harmChapter 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 warfareLecture 2 Chapter 2: Continued- Historical context of the Constitutiono 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 armyo Shay’s Rebellion The rebellion highlighted the national government’s lack of power; leaders realized it was time for a changeo 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 Philadelphiao 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 ¾ 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 businesso Congress will have power to regulate commerce: with foreign nations, amongst several states, and with Indian tribeso 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 stateo Wickard v. Filburn It showed the cumulative effect principle It also showed that even local activity can be regulatedo McCulloch v. Maryland Example of the Necessary and Proper Clause Courts used Article 2 of the Enumerated Powers- The Civil Waro The south wanted to protect slavery, so those states seceded when Lincoln was electedo The Battle at Fort Sumter began the war, with the Union winning to end the waro States lost their rights to secede permanently, and slavery was ended- The south continued to fight for their states’ rightso Plessy v. Fergusono Jim Crow Lawso White Primary (Texaas)- Limits to slaveryo Brown v. Board: ruled that Plessy v. Ferguson was unconstitutional; “separate butequal” not allowedo 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 Clauseo U.S. v. Lopez: Court voted that the Gun Free School Zone Act was unconstitutionalo 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