Week 1 notes
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This 4 page Class Notes was uploaded by Sophie Levy on Monday September 5, 2016. The Class Notes belongs to LGST 3010 at Tulane University taught by Sanda Groome in Fall 2016. Since its upload, it has received 25 views. For similar materials see Legal/Ethical/Regul Busn in Business at Tulane University.
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Date Created: 09/05/16
Ch. 1 Thursday, September 1, 2016 9:33 AM Laws - Every law has to be constitutional - Federal vs state laws Arizona v US: 2012 (p 10) - Arizona passed acts to deal with immigration problems, expanding police authority to be able to profile people to prove their documentation - US department of justice filed against Arizona because immigration is federal; it's unconstitutional - US won Statutory law vs common law - Statutory law: law that’s written down - Louisiana is a civil law" state, meaning it gets its laws from statutes ○ Most countries across the world are civil law - All other states are " common law" states, which get their laws from precedents and other cases; they have statutes as well - Common law is basis to stare decisis: you will have a similar result with similar facts ○ Big cases that get to the Supreme Court get their because courts in different places have ruled differently - Statutes will tell you anything you need to know Interpreting the law - You're supposed to use the plain meaning of the –snot realistic! - Many laws don't make sense; they may make sense when they were written, but mean something completely different during application Administrative law - Agencies pass regulations, similar to laws, that can affect any one - Agencies are formed by the president, who puts people as head of agencies to create regulations that the people are supposed to follow as law ○ Most of the time–no big deal. Sometimes, people find issues with the fact that the president-‐appointed people can create laws - Agencies pass regulations, similar to laws, that can affect any one - Agencies are formed by the president, who puts people as head of agencies to create regulations that the people are supposed to follow as law ○ Most of the time–no big deal. Sometimes, people find issues with the fact that the president-‐appointed people can create laws Criminal law vs civil law - Criminal law: ○ Parties are the state and the defendant ○ Jail time, death penalty, and your rights are at stake § You can lose certain rights immediately, but some last the rest of your life ○ Burden of proof: must prove guilt beyond reasonable doubt - Civil law: (in this context) anything that’s not criminal ○ Tort law, marriage laws ○ State law ○ Usually suing for compensation or damages ○ Parties are corporations, defendant, etc. ○ Burden of proof: preponderance of the evidence; "more likely than not" Substantive law vs procedural law - Substantive law: gives you the right; tells you "how high to build the fence" - Procedural law: tells you how to enforce it; "which court do you take the case to" Equitable remed y: a remedy that is not money - An injunction: is filed when you want the court to stop doing something Public law vs. private law - Public law: any law given to us by the government - Private law: law between two parties; like a contract Ch. 2 Thursday, September 1, 2016 10:12 AM Constitution - Made up of the preamble, 27 amendments - Bill of rights: first 10 amendments Article 1 - Powers of congress - Control taxes, pass any laws necessary for public safety, etc. Article 2 - Executive branch (powers of president) - Treaties, commander in chief, executive orders, appoint federal judges Article 3 - Judicial branch - Creating of federal courts, conduct judicial review (make sure every law passed by Congress is constitutional) Alvarez v. United States 2012 - Has to due with Stolen Valor Act of 2005: a law stating that you can't claim that you received a medal in the military if you did not –protecting veterans ○ In response to politicians who lied about this - Alvarez was an individual who served as a member of a municipal district board who said he received the congressional medal of honor ○ He was called out, plead guilty, but challenged the law based on free speech - He has the constitutional right to lie! Commerce Clause - Commerce is governed by legislature - Can be upset by any state laws that hurt interstate commerce - When constitution was written, there was not a lot of interstate commerce! - Ex: specific mudflaps on trucks in Illinoishurt trucks who were driving through Illinois Bill of Rights - First amendment: freedom of speech, assembly, religion, press, and the right to - When constitution was written, there was not a lot of interstate commerce! - Ex: specific mudflaps on trucks in Illinoishurt trucks who were driving through Illinois Bill of Rights - First amendment: freedom of speech, assembly, religion, press, and the right to petition the government (complain) ○ Not without limitations!!