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BUS LAW 1 CH. 4 Notes

by: Emily Strzelecki

BUS LAW 1 CH. 4 Notes 2030-H1522

Emily Strzelecki
Oakland Community College
GPA 3.76

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About this Document

Review of the Bill of Rights and The Constitution and application to business.
Business Law 1
Class Notes
Bill of Rights, The Constitution, laws, business, basics
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This 5 page Class Notes was uploaded by Emily Strzelecki on Monday September 19, 2016. The Class Notes belongs to 2030-H1522 at Oakland Community College taught by TBA in Fall 2016. Since its upload, it has received 36 views. For similar materials see Business Law 1 in Business at Oakland Community College.


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Date Created: 09/19/16
Wednesday, September 21, 2016 Business Law 1 Notes ______________________________________________________________________ From previous sections - Last week we learned about the court systems and the procedures. We covered the layout of a complaint, summons, and the different types of Motions. Make sure to review all key terms from the last couple of chapters. There was a lot of new information shared. ______________________________________________________________________ Chapter 4: Business and The Constitution  Federal forms of Government: o Share power between national and state government. o National government has limited enumerated powers delegated from the states.  Regulatory Powers of States: o 10th Amendment:  Police Power: Order, safety, morale.  Relations Among the States: o Privileges and Immunities Clause:  Article IV section 2 of the U.S. Constitution prevents the state from imposing unreasonable burdens on citizens – particularly with regard to basic and essential activities. o Full Faith and Credit Clause:  Article IV section 1 of the Constitution  Applies only to civil matters  Ensures that any judicial decision with respect to property rights will be honored and enforced in all states.  Federal Government provides “checks and balances”.  Legislative (Congress): Makes laws  Executive (President/Agencies): Enforce laws  Judicial (Courts): Interpret Laws o If you owe money to “The Bank of Michigan” then you move to Ohio, you still owe that money to Michigan. Wednesday, September 21, 2016 o Commerce Clause: (Business Clause)  Power to regulate interstate commerce.  Defined by: Gibbons v. Ogden (1824): Activities that “substantially affect interstate commerce”.  Federal Government can regulate ordinances and laws of commerce if it crosses over more than one state.  Important Case: (to review) Heart of Atlanta v. U.S. (1964).  Today: The Commerce Clause authorized the National Government to regulate virtually any business enterprise including internet-based companies. [Limits: U.S. v Lopez (1995)].  Dormant Commerce Clause: o Generally, the Federal Government has exclusive authority to regulate health, safety, public order, morals, and general welfare. o However, state police power or regulations that substantially interfere with interstate commerce will be struck down.  If something isn’t regulated by the state, then the Federal Government can regulate it.  Important Case: (to review) Family Winemakers of California v. Jenkins (2010).  Supremacy Clause and Federal Preemption: o Article VI of the Constitution: Laws and treaties of the United States are the “supreme law of the land”.  If there is a conflict between Federal and State Law. Federal Law wins and State Law becomes invalid.  A valid Federal statute or regulation will take precedence over a conflicting state or local statute. o Preemption: occurs only when congress chooses to act exclusively when a National and State governments have concurrent powers.  Tax and Spending Powers: o Article 1 section 8 of the Constitution: Wednesday, September 21, 2016  Congress has the “power to lay and collect Taxes, duties, imposts, and exercises”. Which shall be “uniform” among the states.  Expansion of the Commerce Clause gives taxing powers as well.  The Bill of Rights: o Applies to natural persons and most apply to business entities as well.  The First Amendment: o Guarantees:  The freedoms of religion, speech, and the press.  Rights to assemble peacefully and petition the Government.  The Second Amendment: o States:  The right of the people to keep and bear arms shall not be infringed.  The Third Amendment: o Prohibits:  In peaceful time, the lodging of soldiers in any house without the owner’s consent.  The Fourth Amendment: o Prohibits:  Unreasonable search and seizures of persons or property.  The Fifth Amendment: o Guarantees:  The rights to indictment by grand jury, to due process of law and Fair payment when private property is taken for public use.  Compulsory self-incrimination and double jeopardy. Wednesday, September 21, 2016  The Sixth Amendment: o Guarantees:  The accused in a criminal case the right to a speedy and public trial by an impartial jury with counsel.  The accused has the right to cross – examine witnesses against him/herself and solicit testimony from witnesses.  The Seventh Amendment: o Guarantees:  The right to a trial by jury in a civil case involving at least $20.00.  The Eighth Amendment: o Prohibits:  Excessive bail and fines, as well as cruel and unusual punishment.  The Ninth Amendment: o Establishes:  That people have rights in addition to those specified in the Constitution.  The Tenth Amendment: o Establishes:  That those powers neither delegated to the Federal Government nor denied to the states are reserved to the states and to the people.  Limits on Federal and State Actions: o Originally, the Bill of Rights was a limit on the Government’s powers. o Over time the Bill of Rights was “incorporated” to states via due process of the 14 th Amendment. Rights are not Absolute  Freedom of Speech: o Basis of Democratic Government o Includes: Wednesday, September 21, 2016  Symbolic Speech: gestures, movements and articles of clothing that are associated with speech. o Reasonable Restrictions:  Balance between governments obligation to protect citizen’s exercise of right’s.  Content Neutral Laws: aimed at combating some social problems. o Laws that that restrict content must have a compelling state interest.  Important Case: (to review from book 4.2) Doe v. Prosecutor, Marion County IN (2013).  Corporate and Political Speech: o Courts ruled that corporations can spend freely to support or oppose candidates for president or congress. o Courts give substantial protection to commercial speech (advertising)  Restrictions: must implement substantial government interest; directly advance that interest, and go no further than necessary. o Unprotected Speech:  Defamatory  Threatening  “Fighting” words  Obscene o Virtual Pornography- Protect Act (2003).  Makes it a crime to real or “virtual” pornography of children.


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