BUSA 310 Business Law Lecture 3 Three Branches of Government 1 Executive Branch headed by President carries out laws 2 Judicial Branch headed by Supreme Court interprets laws 3 Legislative Branch headed by Congress makes laws President job is to oversee and enforce the law How far is too far for a president to command Nixon bombing Cambodia when only had the power to in Vietnam Constitution created by founding fathers to protect Americans and ensure they have freedom and civil rights Bill of Rights First 10 amendments 1st amendment is FREEDOM OF SPEECH 2nd amendment right to bear arms under heavy fire right now 4th amendment right to search and seizure debated for car searches 5th amendment right to just and speedy trial this protects the legal processes of Those being prosecuted Miranda Rights th 14 amendment equal rights for everyone to protect against discrimination women sue graduate schools because they were denied entry based on sex Criminal Law Enforced by the government prosecutors are in charge of enforcing justice Federal State County and City Defense attorney defends the person being charged with the crime poke holes into the prosecutor s case Three outcomes Guilty Not guilty or Mistrial hung jury Criminal cases have 12 jurors Defenses 1 Insanity do not have the mental capacity to understand the act being committed 2 Insanity incompetent unable to participate in defense understand documents charges process etc Sentencing federal sentencing guidelines make crimes evenly hefty punishments across state lines Civil Law Between two civilian parties defendant and plaintiff Can be criminal as well as civil Usually asking for monetary damages could also be injunction restraining order etc Negligence can be sued for damages 6 jurors has to be unanimous preponderance Plaintiff can shift the burden of proof in certain cases if there are facts beyond their control burden shifts to defendant to prove against One recovery rule if you sue you cannot come back and sue again Collateral source rule cannot bring into evidence that someone else insurance is going to pay any damages Contributory negligence over 50 at fault Attorney client privilege attorney cannot disclose any information given during communication should not bring any outside parties to meetings for possibility of leaking information