BIOM 121 1nd Edition Exam 1 Study Guide Lectures 1 7 Chapter 1 Introduction to Law and Sources of Law I II III IV Role of Law in Business a Dispute Resolution going to court b Regulatory Role government regulation 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 thereof a Enforcement leads to i Predictability ii Stability iii Uniformity Sources of Law a Constitutional Law supreme law of the land b Statutory Law legislatures pass statutory law c Executive i Executive Orders ii Controls executive branch agencies iii Appoints federal judges d Judiciary i Interprets law 1 Common Law majority vs minority rule 2 Judicial Activism vs Judicial Passivism interprets statutes ii Determines Facts if no jury iii Judicial Review 1 Marbury v Madison allowed the Supreme Court to decide if a law is constitutional or not e Administrative Classifications of Law a Federal and State Law b Private and Public Law c Civil and Criminal Law d Substantive and Procedural Law e Equitable and Legal Remedies Chapter 2 Constitutional Law I History of the US Constitution a Federalism i Federalists vs Anti Federalists II III IV b Virginia Plan New Jersey Plan and the Connecticut Compromise c Bill of Rights added th 10 Amendment Reserved Powers Clause any powers not specifically given to the National government is the States responsibility Three Branches of Government a Youngstown Steel Tube Co v Sawyer Supreme Court declared that the President didn t have the right to seize a mill b Enumerated Powers i Important Parts for Business 1 Commerce Clause a 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 to be trivial acts if the aggregate effect is nationally significant d McLain v Real Estate Board of New Orleans Inc activity that is regulated can even be purely local if the activity substantially effects interstate commerce e Plessy v Ferguson Separate but Equal is established i Texas Whiter Primary f Brown v Board of Education g Civil Rights Act of 1964 h Voting Rights Act of 1965 i Heart of Atlanta Motel v US and Katzenbach v McClung i Because the two businesses dealt in interstate commerce they couldn t discriminate j United States v Lopez Commerce Clause limited because a school isn t a business 2 Necessary and Proper Clause a McCulloch v Maryland States can t tax National Government because it s Necessary and Proper for them to run without tax 3 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 States a Maine v Taylor Maine could justify their law b Hughes v Oklahoma Oklahoma couldn t justify their law Bill of Rights a Barron v Baltimore originally 5th Amendment didn t apply to the States b 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 Amendment ii New York Sedition Law was declared unconstitutional which expanded due process to freedom of speech and freedom of the press 1 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 states 2 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 Basis 2 Middle level is Substantial Reasoning 3 Highest level is Compelling Over Riding Reasoning c Freedom of Speech i Not an absolute right ii Central Hudson Gas and Electric Company v Public Service Commission of New York 1 Limits the ability of the government to censor speech four step process iii 1st National Bank of Boston v Bellotti business has freedom of speech iv Citizens United v Federal Election Commission allowed businesses to help fundraise political campaings d Freedom of Religion i Establishment government can t make an official religion 1 Van Orden v Perry 2 Must respect employees religions 3 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 Seizure i Open Field ii Plain View iii Exclusionary Rule th f 5 Amendment Self Incrimination i Miranda v Arizona supposed to stop coerced confessions th g 5 Amendment Due Process i Doctrine of Incorporation ii Substantive Due Process what a crime is iii Procedural Due Process th h 5 Amendment Eminent Domain i Government can take your property for just compensation i ii Kelo v City of New London illegal for government to take property just for financial gain but a state can make a law preventing this Right to Privacy created by the courts i Griswold v Connecticut Supreme Court declares law against contraceptives unconstitutional ii Roe v Wade Supreme Court declares law against abortion unconstitutional iii Lawrence v Texas Supreme Court declares law against sodomy unconstitutional Chapter 3 Litigation and Alternate Dispute Resolution I Types of Judicial Systems a Criminal i Major differences from Civil cases 1 Burden of Proof 2 Criminal verdict must be unanimous 3 Criminal has bifurcated trial 2 trials 4 Jury is guaranteed by Constitution b Administrative covered in Chapter 6 i Different from Civil and Criminal 1 Handles rules of regulation c Civil i No court appointed attorney ii Preponderance of evidence iii No 5th Amendment protection against self incrimination iv Trial Courts have unlimited time 1 One judge parties put on evidence with testimonies from witnesses 2 Judge or jury might rule on what the facts are 3 Judge determine the law on the facts v Appellate Courts 1 Appeal from a trial court must have a trial first 2 Purpose is to determine if a lower court made a legal mistake 3 No witnesses no jury just judges 4 Usually has 3 judges or can sit En Banc which means all the judges sit for the trial 5 Limited amount of time for the trial vi Steps to Appeal 1 Appellant gives notice of appeal 2 Record is sent to the appellate court 3 Briefs are prepared and filed 4 Oral arguments are held 30 minutes each II 5 The decision is given whenever the judges feel like giving