Hospitality Business Law
Hospitality Business Law HB 447
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This 21 page Class Notes was uploaded by Ms. Ambrose Hills on Saturday September 19, 2015. The Class Notes belongs to HB 447 at Michigan State University taught by Michael Behan in Fall. Since its upload, it has received 12 views. For similar materials see /class/207499/hb-447-michigan-state-university in OTHER at Michigan State University.
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Date Created: 09/19/15
0 o o 0 o 0 Law Study Guides EXAM 1 Commerce Clause An enumerated power listed in the United States Constitution that states that the United States Congress shall have power HTo regulate Commerce with Foreign Nations and among the several States and with the Indian Tribes Jurisdiction The differences between Federal and state courts are defined mainly by jurisdiction Jurisdiction refers to the kinds of cases a court is authorized to hear Concurrent Juristiction When an action could give rise to both a Federal 81 State case Federal Court System The National gov is one oflimited authority Lawsuits against the United States and those involving certain specific Federal laws criminal antitrust bankruptcy patent copyright and when the crime is done against the US gov When the fed Gov takes action it is supreme to state laws Supremecy Clause When power is granted to Fed Gov their law is supreme State Court System The powers not delegated to the United States by the Constitution nor prohibited by it to the States are reserved to the Statesquot State courts have broad jurisdiction so the cases individual citizens are most likely to be involved in such as robberies traffic violations broken contracts and Family disputes are usually tried in state courts Felony IF convicted you get over I yr in prison and death in some states ury of 12 Misdemeanor IF convicted you spend less than a year in jail ury of 6 Separation of Powers T ree branches Legislative Congress Senate 81 House of Reps Executive President udicial Supreme Court Separation of authority between national 81 state govs Bill of Rights A non exhaustive list of our rights as people WW VV 0 00 0 0 0 0 0 0 0 0 Venue Where you can properly file a law suit Courts have set up a host of venue rules to determine which courts can hear which kinds of cases Choosing a venue is important because if you cannot establish proper venue in a court then that court has no power to hear your case and cannot make a decision Statute of Limitations A law which sets the maximum time after an event that legal proceedings based on that event may be initiated Arbitration The process of resolving a dispute or a grievance outside of the court system by presenting it to an impartial third party Evidence A degree of proof required in cases Hearsay A statement made out of court and not under oath which is offered as proof that what is stated is truesecond hand evidence in which the witness is not telling what heshe knows personally but what others have said to himher Burden of Proof Civil gt Preponderence of Evidence If there is slightly more evidence on one side that side wins Criminal gt Beyond a reasonable doubt To convict a criminal defendant a jury must be persuaded of his or her guilt to a level beyond probability Burden of Persuasion The standard in which the gov must prove guilt Contract A legally inforceable agreement between two or more competent parties to do or not to do something that is possible to be done not unlawful and is supported by consideration 2 or more parties ex MSLI English dept can39t sue MSLI history dept because they are 2 branches of the same party Competency o 0 Judged by age 18 in all states When a minor enters into a contract it39s a voidabIe contractquot meaning that the contract can be canceled by the minor or someone on behalf of the minor IF it39s a perishable item or a necessity Food medicine CD it cannot be cance e Because of this contracts w minors often require a co signer Within criminal law minors can be tried as an adult depending on the crime Agreement to do or not to do something ex Noncompete clause ex Agree not to build on property PossibiIity of Performace Ex LIZ concert when Bono got sick deemed not possiblequot for him to carry out agreement LawFuIness Can39t go to court to fight something that39s against the law Consideration A bargained For exchangemost critical component of what makes an agreement a contract Certain types of contracts have to be in writing Statute of Frauds A law that requires certain documents to be in writing Nothing prohibits a contract From being in writing written contract supersedes oral statements it Y most are NOT 1 is enforceable to say any agreement between parties must be in writing in writin g 6 types of agreements that have to be in writing I Involves an interest in real propertyquot real propertyquotquot Land 81 everything that is permanently fixed to it ex Apartment 2 For sale of goods that exceed 500 3 For sale of services that exceed 5000 4 In contemplation of marriage ex PrenuptuaI agreement 5 Contract that cannot be Fully performed in I yrs time ex Football pIayersY contract to play For 3 yrs 6 Agreements to pay debt of another person ex Co signer on a loan 39239 Injunction A court order stopping someone From doing something 39239 Specific Performance The right oFa party to a contract to demand that the defendant the party who it is claimed breached the contract be ordered in the judgment to perform the contract Specific performance may be ordered instead of or in addition to a judgment For money if the contract can still be perFormed and money cannot sufficiently reward the plaintiff 9 o Breach of Contract Two circumstances There has been no performance of agreement There has been unreasonable performance 3 remidies that exist when there39s a breech of contract Money Specific perFormance An injunction 39239 Promissory Estoppel An argument made when something with the contract isn39t complete ex one party didn39t sign and the court can allow you to get your back For what you put into the agreement advertising stuff you bought For it etc 9 V Compensatory Damages Damages recovered In payment For actual Injury or economic loss which does not include punitive damages 2 Agreement Tw0 elements Offer amp Acceptance must be same time acceptance must mirror offer In hosp industry we try to place in the hands 0fthe establishment the ability to say no Off Notes 2 Constitution blueprint ofour countrysets foundation One oflimited authoritywhen it acts it must act according to one of the authorities granted to it in the constitution ours is the oldest and shortest in the world Articles ofConfederation 13 colonies came together to form a loose association ofclosely knit states they were not a nation but separate states that would have each others backs Sept 17th 1786 7 of13 states came together to strengthen the articles 3 ways that gov action is unconstitutional 1 If it cannot be supported by authority granted to it in the constitution Ifyou have State action that is in con ict w power granted to the Nat gov Ifthe gov acts in a way that is in consistent w privileges that citizens have we have human rights that are not granted to us by the gov but specifiedpointed out in the const 9th Amendment states that the list ofamendments are not exhaustive Civil vs Criminal Justice System Civil o 99 o 99 N W o 99 o 99 Helps to resolve disputes divorce late pmts etc ury does not have to be unanimous Criminal Crime amp punishment ury must be unanimous EXAM 2 Real Property 0 2 Types of Property Real Land and everything permanently affixed to it eX Real estate farm land restaurant Personal anything other than real prop tangible prop intelectual prop Real Property Estate Whatever valueinterest you hold in real property ownership estate right ofpossession right to use home right to exclude others from using 5 Types of Estates in Real Property 1 Fee simple absolute most simple broad ownership can do anything on that prop that s legal best title to hold 2 Conditional you own property but there is a restrivtion on how you can use the prop 3 Life where a person holds an estate in real prop for their lifetime ex man on his will leaves house to children subject to a life estate for his wife so until she does she gets the house and after they do 4 Lease Hold A possessory interest for a fixed period of time U39l Easement Right to use prop that belongs to another person Not a possessary estate bc you can use but not exclude others from using only one that s not possessary Frequently used to gain access to roads rivers lakes etc ex Live across street from lake amp own an easement to cross neighbors prop to get to lake Title condition restriction on ownership placed on property by previous owner Zoning restriction Restriction put on by the gov law not put on prop varience exception to zoning 2 ways to hold property hold it yourself hold jointly 3 ways Tenacy in commom multiple ownership where if one dies their interest in business passes to who they leave it to in will estate Ioint tenacy w rights of survivorship multiple ownership where if one does the other gets the property Tenancy by the entirety joint ownership between spousedsame thing as ten w rights of surv but btw a married couple Lean when you buy something and the title is transferred but you still have to pay it off with real estate the lean a mortgage Land Contract when the seller of the prop retains the title ofproperty until that loan is paid off Baloon clause a date that the full pmt is due Gov wants to know who owns real prop bc to prevent disputes in ownership taxes real prop is taxed continuously whereas personal property is just taxed once when purchased 3 steps to transfer deed 1 Execution of deed 2 Delivery of deed 3 Acceptance of property Deed Awritten doc That gives ownership from seller to buyer When a title is transferred it is done w a deedas it keeps transferring a Chain offitle is created Condemnation Process used by gov when they want to take property for a public purpose Power of eminent domain the authority of the gov to take private prop involuntarily Private prop owner gets quotfair comp ensationquot usually way more than what the prop is worth Adverse possession allows for involuntary transfer of real estate to eliminate or limit prop line disputes gov can adversely possess prop from indvs but indvs Cannot adversely possess from gov you can aquire an easment through AP 4 elements all must be present for adv Poss If you openly use the prop of another person If you continuously quot quot If you notoriously quot quot Using prop for a stagetory period of time In MI stagetory period 15 yrs AP time period runs w property not owner so stagetory period does not reset when prop is sold to a new owner Torts Tort LiabilityLaw allowance for someone to be sued bc ofnegligence intended to create civil responsibility when our acts cause harm upon another 3 Kinds Negligence Intentional Strict Liability Negligence Unreasonable conduct towards someone you have a duty Duty Obligation owned to all people to whom it is reasonably foreseeable that our undreasonable conduct could cause them harm Faultbased majority of cases 4 elements that must be present for the tort ofnegligence to occur 1 Duty 2 Breach of duty 3 Causation 4 Damage Eggshell plaintiff rule it doesn t matter who got injured you re responsible eX You hit someone and they go to the hosp just to get everything checked out While they re there they get a desese and dieyou are resp for their death Doctrine of Comparative Fault Replaced doctrine of contributory faultnegligence which was that is the person was even 1 at fault they could not sue other party for any Tries to assess how much fault someone is 3 Exceptions to traditional Negligence 1 Nofault automobile claims 2 Workers comp 3 Dramshop You can sue for neg if Death Permanent disfigurement Serious imparment of an important body function 2 kinds ofloss Economic pinpointed amounts Noneconomic Pain amp suffering Nofault System mandated by law to have automobile nofault insurance insuring yourself Workers Compensation your insurance comp pays for medical damages repair of a vehical subject to deductable amp up to 3 yrs Out ofwork compensation Insurance does NOT pay for pain amp suffering noneconomic loss Dramshop EXpands role of to who duty is owed zone of danger when it comes to selling alcohol Duty owed to anyone who is visiny intoxicated or a minor Short time frame is put on how long you have to claim to court 100 days so it s a good thing for the HB industry bc since the statute oflimitaions is so short the person making claim doesn t usually get to pursue the claim before the timeframe is over Intentional Torts Even if there is no evidence of damage the intent of the wrongdoer is so outrageous that damages are assumed most against ppl or property eX Assult threat ofviolence amp Battery violent actions Delamation Dragging someone s reputaion through the mud rumors Slander verbal Liable written Strict Liability Liability wo fault if someone s doing an inherently dangerous activity there s an assumption of risk Subsequent Remedial measure you do something negligently realize what you did and make changes to improve cannot be used in court EXAM 3 Agency Law An area of law that encompasses parts of tort law contract 1 Holding employer responsible for the conduct of employees in court 2 Ability of an emp to bind an employer to a contract Tort Liability Allowance for someone to be sued bc ofnegligence intended to create civil responsibility when our acts cause harm upon another Independent Contractors typically work for a number of different clients tackling particular jobs or projects that require special expertise Imputed Liability holding employer principle responsible for the actions of the employee agent Issues when analyzing imputed liability 1 Do we have an agentprinciple relationship Independent contractors vs employee use the quotdegree of control test the more control employer can assert of emplyee the more of an employee relationship it is How does person get paid taxes withheld benefits uniform scheduleetc for employer ans individual contractors get a gross sum of amp are 1099ed 2 Was a tort committed wI scope of employeeemployer relationship eX A 85 worker goes to bar after work and gets in a DD accident employer is NOT responsible bc it was after work and not wI scope of empemp relationship 3 If emp engaged in a minor deviation from scope of the job employer is still resp but if it is far outside scope they are not comes down to how removed they were from scope ofjob Frolic a major departure wherein the employee is acting on his own and for his own benefit rather than a minor sidetrack in the course of obeying an order from the employer employer NOT resp Detour when an employee or agent makes a minor departure from his employer s charge emp resp eX Ianitor assaulting kids school school s not charged on imputed liability bc assaulting the kids was far from job scope but is charged for direct liability b c they were negligent in hiring 3 ways an employee can be authorized to bind employer to contract 1 Employer has given employee express authority to do something on their behalf 2 Has apparent authority when 3ml party that you are entering into contract with reasonably believes that you have the authority to do something 3 When employer ratifies contract by accepting the behavior s benefits after the fact 3 ways business is conducted legally Sole Proprietorship Partnership Corp oration Sole Proprietorship You are the only owner You have ALL liability There is no distinction btw you and your business so your personal possessions are in jeopardy Partnershi p Usually forced oint amp Several Liability You re jointly amp individually responsible for all debt no liability protection Corporatio n separates businesses from themselves so it s its own legal entity Limited risk of loss unless court allows for the 39piercing of the corp veil to hold sharholders resp for actions of corp The only one that takes an action to create created under state law for 50 startup amp 25 each year to keep active Subclassifications Professional corp Professional encorporates their business the organization does not provide a shield for liability for any professional negligence malpractice by the licensed professionals Limited Liability Corp a hybrid legal entity that has both the characteristics ofa corporation and ofa partnership An LLC provides its owners with corporatelike protection against personal liability It is however usually treated as a noncorporate business organization for tax purposes 1St started in Minnesota no limitations on ownership 11 u s corp taxation 3 different classifications of corps For taX purposes 1 quotSquot corp Limitations on ownership w taxes amp for profit Net Profits profits passed to shareholders first amp then taxed at the individual shareholder s rate taxed only once as dividends to shareholders Must have 100 shareholders or less Shareholders must be quotindividualquot 2 quotCquot corp Net Profits profits are taxed corp Level 1 and then are distributed to shareholders and taxed again at the indvs dividends rate double taxation If shareholders exceed 100 ampor include business Employme nt at will doctrine allow for an employer to discriminate for any reasons except unlawful ones 3 exceptions to employment doctrine 1 Statuary exceptions you can discriminate against someone for anything except unlawful ones race color ethnicity sex Forcause employer there was a just reason to terminate employment Fixed cause employer coach president etc 3 defenses to statutory discrimination Bono fide occupational qualification employment qualifications that employers are allowed to consider while making decisions about hiring and retention of employees The qualification should relate to an essential job duty and is considered necessary for operation of the particular business Ex only women hired to model bikinis Seniority how long you ve been w company 3 Merit based on ability to perform job Sexual Harassment Quid pro quo means quotthis for that as a condition of employment employee was expected to do something sexually 2 Hostile work environment employee subjected to unwanted amp repetitive sexual content tat s offensive to a reasonable person Civil rights act of 1964 Can t discriminate on basis of gender sex race national origin sexual orientation etc Family Medicalleave act For employers that have 50 or more emps allows emp to take 12 weeks off unpaid for their health or health ofimmediate fam Age descrimination in employment act Once emp Reaches 40 you cannot discriminate based on age HB 447 Law Sabrina Berry 1122015 Exams are 50 subjective MC amp 50 objective essay HOMEWORK Read the US Constitution amp the first 10 amendments bill of Rights before class on Wed Be prepared to explain my favorite Bill of Right Explain why My favorite Bill of Rights Amendment 111 No soldier shall in time of peace be quartered in any house without the consent of the owner nor in time of war but in a manner to be prescribed by law o Amendment 3 because I believe that the soldier should not be treated unfairly and should be held to respect and equality 1142015 American Legal System o Two major distinct parallel court systems o Arise from how we in the United States govern ourselves We both embrace the notions of federalism and we are a republic 0 As a republic we the people participate in government largely by electing officials who in turn make and enforce law 0 As a federalist nation we have a central national government that is actually established by member states Jurisdiction fancy legal way of saying authoritypower 242015 EXAM 1 American league system amp contracts What is a Contract o A contract is a Legaly Enforceabe Agreement between Two or more Competent Parties to Do or Not to Do Something that is Possible to Be Done that is Not Unlawful and that is Supported by Consideration Agreement o Must have lawful purpose and bargain for exchange Remedies 1 Money economic damages 0 we pay money to fix the mistakes and cracks 2 Specific performance 0 do what you specifically agreed to do 3 Injunction o stopping someone from doing something 2112015 Exam 1 Review o Determine if the offense is a misdemeanor or a felony amp why o Jurisdiction power o System of government 2 separate courts o Significance of contract how it is formed the elements amp the writing o What is the purpose of the bill of rights 0 We determine what the crime misdemeanor felony etc is at the time the crime is charged So when it happens that is what it will stay even when you go into court to fight it Exam 1 Topics Sabrina Berry Bill of Rights o The first 10 amendments of the constitution o Closer definitions of the constitutions o Acts as a check and balance of centralized government o What is the purpose of the bill of rights 0 Commerce Clause o Grants most of the powers to the federal government o to regulate commerce amongst several states 0 Limits the power of government Jurisdiction o What body of law or court system are we using c State where it happened ex Michigan amp venue Wayne County o The authority or power the governments have o Occasionally there will be overlap Federal Court System o Primarily engaged in addressing disputes that arise out of federal law State Court System o Addresses all other disputes Felony o More significant more than 1 year in prison Misdemeanor o Crimes but less serious no more than a year in prison Separation of Powers o Model of governance for the states o Divided into branches each with separate powers and areas of responsibility so that powers between branches do no conflict o Typical divisions are legislative executive ampjudicial Police Powers o All powers reserved for the states not given to the fed in sec 8 o Contracts property business associations liquor liability o 10th amendment the powers not delegated to the US by the constitution nor prohibited by it to the states are reserved to the states respectively or to the people Venue o The very simple question of WHERE within a court system will a trial be held example Wayne county o Where the trialcourt may take place Statue of Limitations o Written laws passed in common law systems to restrict the maximum time after an event that legal proceedings may be initiated Arbitration o A form of alternative dispute resolution is a technique for resolution of disputes outside the courts o The parties agree to be bound by the arbitration decision Burden of Proof o The standard of how they prove their events o Criminal Beyond a reasonable doubt o Civil preponderance o Placed on government to protect the innocent o What s the standard they have to prove Burden of Persuasion o Who must prove their version of events or who is causing the case o Always on the plaintiff and always on prosecutor o Civil cases placed on the plaintiff accuser o Preponderance on the evidence what do you think Contract Elements 1 Mutual Assent parties intent to be bound and agreement to the same terms 2 Basis for Remedy for determining the existence of a breach and for giving an appropriate remedy 3 Offi a manifestation of present intent to be contractually bound upon acceptance 4 Acceptance lets enter Consideration Bargained Exchange without money its an in enforceable gift Legal Detriment refrains from exercising a legal right Injunctions o Court order stopping someone from doing something The party files an action stating that the defendant s actions will result in serious and irreparable damage to the plaintiff Statue ofFrauds Required to meet 1 Must be memorialized in writing or on record 2 Signed by the party against whom its enforced 3 Indicate that a contract is made 4 State essential terms of the unperformed promises 5 Specify the term of quantity The following types of agreements fall within the statute of frauds Cannot be performed with a year from the making of the contract Agreement to pay the debt of another Agreement involving an interest in real property Agreement in contemplation of marriage Agreement to purchase goods in the amount of 500 or more Agreement to purchase services or intellectual property in the amount of 5000 or more Specific Performance Exactly as it sounds The court ordering someone to do what they agree to within the contract The more unique the contract the more likely the court to order specific performance Court order that requires a party to do that which he has already agreed to do in the contract Breach of Contract What it is to break the contractthen what do we do 1 Non performance 2 In adequate performance not met the reasonable expectations The court could order the party in breach to do what the contract insists or to make them stop doing it unreasonable performance Promissory Estoppel When a promise foreseeably relies to his detriment on the promisor s promise even in the absence of an enforceable contract the doctrine of promissory estoppel may be invoked to make such promises binding in order to prevent injustice o The remedy is based on reliance not expectation o The court may enforce a part of the contract that is not in breach to cover a fairness aspect Appeals Courts o Where we conduct trails the lowest level ofjudiciary Whenever you lose a trial you have the right to appeal and the appeal is to see if the law was properly followed at trial o Hears appeals of trial courts Trial Courts o Initially hears cases and reviews evidence Juries o Criminal amp civil cases The role of the jury is simple to determine fact o Group of peers asked to make unbiased decisions about fact Liquidated Damages o Compensate the person who has been harmed to the tune of what is their economic loss So within the contract in advance to agree what the remedy will be if breach Compensatory Damages o Intended to pay the person who is injured o Monetary compensation o Seek damages for emotional distress Economic Damages o Money provided to pay for damage that can be established on an objected service example medical charges NonEconomic Damages o Money that is paid for damage that cannot be sustained o Actually Emotionally distress mental health Significance of contract how it is formed the elements amp the writing 091211 Law of the United States Law of the States County Ordinances Municipal Codes Administrative bodies that have the ability to pass rules that have the weight of law Articles of Confederation First written constitution or plan of government of the United States of America and specified how the national was to operate It was drafted in 177677 and became the working constitution although it was not formally ratified until 1781 Nationalists complained that it was too weak and was replaced by the current constitution in 1789 Deficiencies in the Articles of Confederation 0 Did not establish a nation 0 Did not give the unity of the 13 colonies the ability to enter into treaties with foreign countries 0 It did not give the government the ability to enforce common decisions between the states 0 No ability to generate revenue and there was a debt owed to soldiers you fought in the war of independence Amend Articles of Confederation o Representatives of the 12 states that met decided to o Toss out the articles of confederation and start new through the creation of a new government and the adoption of a written constitution nation of laws and not men Constitution 0 By design there is a separation of power 0 Based on fear Wanted to avoid a centralized power 0 Balance power by initially creating 3 separate branches of government 0 Creation of three separate branches of government article 1 0 Legislative Branch of government I Us we elect representative to go and make law on the national level for the rest of us I Power is placed in the legislative body Congress 0 Executive Branch of government I To carry out the power and authority of the national government 0 Judicial Branch of government I Interpret law and rights I Interpret whether or not our government is acting consistent with the powers granted to it in the constitution We are a government of limited power and authority Most of the laws that will affect our daily lives are laws that are passed and regulated by the state level For every one federal lawsuit there are hundreds filed in state courts 0 Family Court 0 Probate Courts 0 Personal Injury Courts 0 Contract Law 0 Property Law 0 Businesses are all created at the state level Police Powers the capacity of the states to regulate behavior and enforce order within their territory for the betterment of the general welfare morals health and safety of their inhabitants Under the 10 h Amendment of the Constitution the powers prohibited from or not delegated to the Federal Government are reserved to the states respectively or to the people Amendments to the Constitution 0 Bill of Rights First 10 amendments to the constitution o Adopted almost immediately after the constitution is ratified 0 Doesn t change the constitution I Just spells out for all government certain rights that people want to make clear to government that people posses 0 Balance against the power of government 0 Diffuse power amongst many 0 We make it clear to the government in the Bill of Rights that we have the right to o Peacefully assemble 0 Freedom of Speech 0 Freedom of Religion including right of not having a state sponsored religion 0 Bear Arms 0 Not have to quarter house soldiers in peace time 0 Freedom of thought ETC quotNation of Laws NOT Menquot Article 1 Section 8 0 List of powers and authority given to the government 0 We specifically empower the congress with certain rights and authority The government must be granted to act and create laws The jurisdiction of the national government 0 Commerce Clause root of over 80 of national laws that have been passed not related to military Source of authority for over 80 of all 0 action Clause 3 o The states provided to the nation government the authority to regulate commerce with foreign nations among the several states and with the Indian tribes o Acts as the source of most civil law that is passed in this country I Department of Transportation I Department of Education I Department of Commerce 0 Very broadly interpreted 0 Civil Rights Act of 1964 Makes it unlawful to discriminate in housing education and employment on the bases of race color religion sex and national origin 0 What gave government the right to pass this lawact o It was a stretch o A state that practices separate but egual I Discrimination based on race effects commerce After giving the government these rights years later it would become very powerful at the expense of the states It becomes a centralized government Does the National Government have the right Commerce Clause an enumerated power listed in the United States Constitution Article I Section 8 Clause 3 The clause states that the United States Congress shall have power llTo regulate Commerce with foreign Nations and among the several States and within the Indian Tribes 0 Very broad Why is the Commerce Clause important o It acts as the source of most civil law that is passed in the US Does the National Government have the authority to issue a minimum drinking age 0 No this affects our day to day lives 0 They can t mandate a minimum drinking age 0 They have a transportation department 0 fund many programs through state transportation departments 0 US transportation department makes a rule administratively that they will not fund programs for states that don t have a minimum drinking age of 21 o This is why states change the state laws o It has the authority to convince the states to do as it wishes You make laws two ways 0 Statutory law the written law established by enactment expressing the will of the legislature as distinguished from the unwritten law or common law 0 Courts interpretation of law a lot depends on the interpretation of the law 0 the case law decision of the court is law and has the weight of law I Ex Brown vs Board of Education 0 First step towards ensuring that there will be a form of quality of education without race discrimination o Outlaws certain state behaviors Constitution has limited authority 0 must act in pursuant with the powers granted to it Action of the federal government outweighs that of the state when lawful Unconstitutional Government Actions 0 if it can t be supported by authority granted to the national government in the constitution o if the government acts in a way that is inconsistent with certain privileges freedoms and immunities that the people of the united states have ALL forms of government state national local etc Unconstitutional State Actions 0 Action of the state that is in conflict with federal actions then that too is unconstitutional