BUS LAW 1 CH. 4 Notes
BUS LAW 1 CH. 4 Notes 2030-H1522
Oakland Community College
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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.