BIOM 121 1nd EditionExam # 1 Study Guide Lectures: 1 - 7Chapter 1: Introduction to Law and Sources of LawI. Role of Law in Businessa. Dispute Resolution – going to courtb. Regulatory Role – government regulationII. Definition of Law – collection of rules and regulations that determines how the government will treat its citizens and how the citizens will treat the government as well as other citizens and the enforcement thereofa. Enforcement leads to:i. Predictabilityii. Stabilityiii. UniformityIII. Sources of Lawa. Constitutional Law – supreme law of the landb. Statutory Law – legislatures pass statutory lawc. Executivei. Executive Ordersii. Controls executive branch agenciesiii. Appoints federal judgesd. Judiciaryi. Interprets law1. Common Law – majority vs. minority rule2. Judicial Activism vs. Judicial Passivism (interprets statutes)ii. Determines Facts if no juryiii. Judicial Review1. Marbury v. Madison – allowed the Supreme Court to decide if a law is constitutional or note. AdministrativeIV. Classifications of Lawa. Federal and State Lawb. Private and Public Lawc. Civil and Criminal Lawd. Substantive and Procedural Lawe. Equitable and Legal RemediesChapter 2 Constitutional LawI. History of the US Constitutiona. Federalismi. Federalists vs. Anti-Federalistsb. Virginia Plan, New Jersey Plan, and the Connecticut Compromisec. Bill of Rights addedII. 10th Amendment (Reserved Powers Clause) – any powers not specifically given to the National government is the States responsibilityIII. Three Branches of Governmenta. Youngstown Steel & Tube Co. v. Sawyer – Supreme Court declared that the President didn’t have the right to seize a mill b. Enumerated Powersi. Important Parts for Business1. Commerce Clausea. Gibbons v. Ogden – interstate commerce must “concern more than one State”b. NLRB v. Jones & Laughlin Steel Corp. – Congress can regulate business that have a “serious effect upon interstate commerce”c. Wickard v. Filburn – Congress can regulate what appears tobe trivial acts if the aggregate effect is nationally significantd. McLain v. Real Estate Board of New Orleans, Inc. – activity that is regulated can even be purely local if the activity substantially effects interstate commercee. Plessy v. Ferguson – “Separate but Equal” is establishedi. Texas Whiter Primaryf. Brown v. Board of Educationg. Civil Rights Act of 1964h. Voting Rights Act of 1965i. Heart of Atlanta Motel v. US and Katzenbach v. McClungi. Because the two businesses dealt in interstate commerce they couldn’t discriminatej. United States v. Lopez – Commerce Clause limited because a school isn’t a business2. Necessary and Proper Clausea. McCulloch v. Maryland – States can’t tax National Government because it’s “Necessary and Proper” for themto run without tax3. Supremacy Clause – in areas given to the National Government the National Government an choose to make it only an area for the National Government, or it can choose to share power with the Statesa. Maine v. Taylor – Maine could justify their law b. Hughes v. Oklahoma – Oklahoma couldn’t justify their lawIV. Bill of Rightsa. Barron v. Baltimore – originally 5th Amendment didn’t apply to the Statesb. 14th Amendment – “No State can deprive anyone of due process and equal protection under the law”i. This due process is the same as the due process in the 5th Amendmentii. New York Sedition Law was declared unconstitutional which expanded due process to freedom of speech and freedom of the press1. Doctrine of incorporation – applies the bill of rights (excluding the 3rd Amendment, right of indictment, and the right to an attorney) to criminal cases in the states2. Reverse Doctrine of Incorporation – 14th Amendment applies to the national government (equal protection)iii. Equal Protection Test (when making a classification):1. Lowest level is Rational Basis2. Middle level is Substantial Reasoning3. Highest level is Compelling, Over-Riding Reasoningc. Freedom of Speechi. Not an absolute rightii. Central Hudson Gas and Electric Company v. Public Service Commission ofNew York1. Limits the ability of the government to censor speech (four step process)iii. 1st National Bank of Boston v. Bellotti – business has freedom of speechiv. Citizens United v. Federal Election Commission – allowed businesses to help fundraise political campaingsd. Freedom of Religioni. Establishment – government can’t make an official religion1. Van Orden v. Perry2. Must respect employees religions3. Blue Laws (Sunday Laws)ii. Free Exercise Clause – “have rights to exercise religion as you see fit”e. 4th Amendment – Freedom from Unreasonable Search and Seizurei. Open Fieldii. Plain Viewiii. Exclusionary Rulef. 5th Amendment – Self-Incriminationi. Miranda v. Arizona – supposed to stop coerced confessionsg. 5th Amendment – Due Processi. Doctrine of Incorporationii. Substantive Due Process – what a crime isiii. Procedural Due Processh. 5th Amendment – Eminent Domaini. Government can take your property for “just compensationii. Kelo v. City of New London – illegal for government to take property just for financial gain, but a state can make a law preventing thisi. Right to Privacy – created by the courtsi. Griswold v. Connecticut – Supreme Court declares law against contraceptives unconstitutionalii. Roe v. Wade – Supreme Court declares law against abortion unconstitutionaliii. Lawrence v. Texas – Supreme Court declares law against sodomy unconstitutionalChapter 3: Litigation and Alternate Dispute ResolutionI. Types of Judicial Systemsa. Criminali. Major differences from Civil cases1. Burden of Proof2. Criminal verdict must be unanimous3. Criminal has bifurcated trial (2 trials)4. Jury is guaranteed by Constitutionb. Administrative (covered in Chapter 6)i. Different from Civil and Criminal1. Handles rules of regulationc. Civili. No court appointed attorneyii. Preponderance of evidenceiii. No 5th Amendment protection against self-incriminationiv. Trial Courts have unlimited time1. One judge parties put on evidence with testimonies from witnesses2. Judge or jury might rule on what the facts are3. Judge determine the law on the factsv. Appellate Courts1. Appeal from a trial court (must have a trial first)2. Purpose is to determine if a lower court made a legal mistake3. No witnesses, no jury just judges4. Usually has 3 judges or can sit “En Banc” which means all the judges sit for