LEGAL Chapter 6 the Constitution Study Guide
LEGAL Chapter 6 the Constitution Study Guide LEGl
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This 4 page Study Guide was uploaded by Katie Mulliken on Monday October 3, 2016. The Study Guide belongs to LEGl at University of Georgia taught by David Gunton in Fall 2016. Since its upload, it has received 4 views. For similar materials see Legal and Regulatory Environment of Business in Legal Environment Of Business at University of Georgia.
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Date Created: 10/03/16
Legal Ch. 6: Constitution (pg. 152167, Case 6.2, 169179, Case 6.3; Sidebar 6.9) Amendments & Constitutional Rights Provide protections to private individuals from federal power (speech, religion, assembly, trial by jury) Relative, not absolute; limitations permissible where there is a competing public policy Removes rights from the political press th th Amendments that affect social policy: 13 (abolish slavery) 14 (protects citizens actions of state: privileges, immunities, due process, and equal protection) 16 (authorizes the federal income tax) Separation of Powers – between levels of government known as federalism Supremacy Clause – courts can be called to decide if a state law is invalid if it conflicts with federal laws Preemption – concept applies to federal statutes & rules/regulations of federal administrative agencies Contract Clause – regulates state & local govs. Feds still have power to impact contractual relationships Commerce Clause – Congress regulates commerce with foreign nations & Indian tribes Regulation of foreign commerce Regulation of interstate commerce Impact on interstate commerce Possible limitations on federal regulatory authority 1st Amendment: Freedom of Speech Protects Rights to: Religion, free exercise, speech, press, peaceful assembly & to petition the gov. With Limits: “fighting words” (hostile reactions are unprotected, breach peace) & Obscenity Business Relevance o Commercial Speech – includes freedom of information or right of public to be informed o Political Activities as Speech Brown vs. Entertainment Merchants Association California Law: Prohibits sale/rent of ‘Violent Video Games’ to minors & requires warning labels Games that promote violence, sexuality, killing or patently offensive to minors in a community banned Cali says: Violent video games = antisocial behavior children ($ for state) & parents need help regulating Cali law ruled not constitutional Overbreadth Doctrine – legislatures have gone too far in seeking to achieve a goal, gov. restrictions on expression must be narrowly drafted (overboard protective) 2nd Amendment: The Right to Bear Arms – necessary to keep and bear arms, not to be infringed District of Columbia vs. Heller (2008) DC Law: Prohibited handguns in private homes, rifles/ shotguns must be locked or with trigger lock Supreme Court: DC Law Unconstitutional – 2nd amendment protects rights of individuals to possess firearms outside of context of militia… opening phrase doesn’t limit or expand ‘operative phrase’ Right is not unlimited & restrictions are constitutional: o Concealed weapons prohibited Prohibitions for felons, mentally ill, etc. o Gunfree zones (schools, churches, etc.) Background checks/ safe controls 5th Amendment: Takings Clause Eminent Domain – the gov. can take private property for public use upon paying just compensation, must be used for the common good or for public use Examples: (don’t need to know detailed facts but will help u to understand) Penn Central Transportation vs. NYC (1978 ): Interference with "reasonable investmentbacked expectations” Penn Central owns Penn Station & Grand Central. In ’78, Penn Station torn down & built Madison Sq. NYC mad so now preserve landmarks. PC wanted to build on top of GCT, NYC denied it; PC right was infringed (property taken) NYC said PC didn’t have “reasonable” expectation to build Loretto vs. Teleprompter (1982) “Permanent physical occupation” NYC wanted to make cable common so put cableboxes on roofs all over the city, Mr. Loretto refused without compensation Supreme Court says bc it’s a permanent physical object infringing on his roof Kelo vs. City of New London, Connecticut New London (small, quaint) wanted to build mall (create jobs, attractions, etc), where a lady’s home was Offered to compensate her, she refuses saying no amount of $$ can get her to move & doesn’t have to New London won; dissent: “no compensation is possible for the subjective value of these lands” 5th Amendment: Grand Juries, Protection of Selfincrimination & Double Jeopardy Supermajority required for indictment (1216 jurors) (not unanimity) (not to convict, but to indict) No judge, rules of evidence, or defense counsel; needs probable cause Felonies Punishment – fines or imprisonment for 1+ year Initiated by: Grand Jury Indictment (grand jury = 1st step in felony indictment) Misdemeanor Punishment – fines or imprisonment for less than 1 year Initiated by: Criminal Information Statement Protections of the 5th Amendment: Grand Jury Requirement Protection against Double Jeopardy (typically not attached to mistrials) Ways to get a Mistrial: if prosecutors mess something up or if clear the prosecutors were biased Protection against SelfIncrimination “Pleading the 5th” witness can’t be forced to testify or provide info that incriminates himself Miranda Warnings (advising arrested person they have right to remain silent, to counselor etc.) 14th Amendment: Due Process & Equal Protection Clause Notice & Opportunity to Contest Incorporation Doctrine – even though first 10 amendments just apply to federal government, the 14th amendment incorporates all of the previous amendments to protect individuals against feds AND states Reasonable Classification: “minimum rationality”: a rational connection to a permissible state end Suspect Classifications: “strict scrutiny”: compelling state purpose, & law substantially related to purpose Constitutional Protections Unreasonable searches & seizures Search warrants generally required Evidence of crime & cause to believe search will assist in investigation Exceptions: Weapons during arrest (if they find something else like drugs, allowed to seize during this) Items in ‘plain view’ Expectation of Privacy Exigent circumstances (if police believe that evidence is about to be lost or destroyed) Riley vs. California • Defendant stopped for expired tags, police search car and find 2 guns • Arrested; officers search seize cell phone, and review contents of phone • Phone info leads to arrest and conviction on weapons and murder charges, gang membership & drugs 6th Amendment: Criminal procedure protections Right to: Speedy & public trial Trial by jury Confront your accuser Be informed of the charge against you Subpoena witness (order must testify in court) Attorney Specific Crimes: (textbook gives a long list, he tried to break it down into 2 groups) • Underlying Crimes – core criminal activity (fraud) Fraud Larceny Racketeering Bribery • Tangential Crimes – related crimes probably committed along the way to committing underlying fraud
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