Law and Legal Principles

• Congress can propose amendments to the Constitution with a two-thirds vote in both houses.
• Amendments can also be proposed by a convention called by two-thirds of state legislatures.
• Ratification of amendments requires approval by three-fourths of the states, either through their legislatures or by conventions.
• No amendment before 1808 can affect the first and fourth clauses of Article I, Section 9.
• No state can be deprived of its equal suffrage in the Senate without its consent.

The Commerce Clause

• The Commerce Clause, found in Article I, Section 8 of the Constitution, empowers Congress to regulate commerce with foreign nations, among states, and with Indian tribes.
• This has been interpreted broadly to expand federal authority in economic and social policies.

Key Supreme Court Cases related to the Commerce Clause

• Gibbons v. Ogden (1824) established that Congress has exclusive power to regulate interstate commerce.
• The case struck down a New York monopoly on steamboat operations, reinforcing federal supremacy over state laws conflicting with interstate trade.
• Wickard v. Filburn (1942) expanded the Commerce Clause to cover intrastate activities substantially affecting interstate commerce.
• This case ruled that a farmer's personal wheat use could be regulated because it affected market supply and demand.
• Katzenbach v. McClung (1964) upheld the Civil Rights Act of 1964, allowing Congress to prohibit racial discrimination in restaurants under the Commerce Clause.
• Segregation in public accommodations was reasoned to have a significant impact on interstate commerce.
• The Commerce Clause has been instrumental in expanding federal regulation in civil rights, labor laws, and environmental protection.
• Recent Supreme Court cases like United States v. Lopez (1995) and NFIB v. Sebelius (2012) have signaled a shift toward restraining federal power under the Commerce Clause.

Necessary and Proper Clause

• The Necessary and Proper Clause (Article I, Section 8, Clause 18) enables Congress to enact laws necessary to execute its enumerated powers.
• Paired with the Commerce Clause, this clause broadens federal authority.
• McCulloch v. Maryland (1819) confirmed Congress's authority to establish a national bank under the Necessary and Proper Clause.
• The case established the doctrine of implied powers, reinforcing federal supremacy over state interference.

Supremacy of Federal Law

• The Supremacy Clause (Article VI) ensures federal law prevails over conflicting state laws.
• McCulloch v. Maryland (1819) struck down Maryland's tax on the national bank, affirming federal laws take precedence over state actions.
• This reinforced that states cannot hinder constitutional federal operations.

Constitutional Limitations on State Powers

• States are restricted from passing laws interfering with interstate commerce or violating constitutional protections.
• Southern Pacific Co. v. Arizona (1945) struck down an Arizona law limiting train lengths as an unconstitutional burden on interstate commerce under the Dormant Commerce Clause.
• Wyoming v. Oklahoma (1992) invalidated an Oklahoma law requiring power plants to use in-state coal, violating the Commerce Clause by discriminating against out-of-state businesses.

Takings Clause (Fifth Amendment)

• The Takings Clause prohibits the government from taking private property for public use without just compensation.
• Horne v. Department of Agriculture (2015) ruled that a government-mandated transfer of raisins from farmers constituted a physical taking requiring compensation.
• The case distinguished between physical takings (government seizing property) and regulatory takings (laws diminishing property value).

First Amendment and Commercial Speech

• The First Amendment protects commercial speech, but it is subject to greater regulation than political speech.
• Central Hudson Gas & Electric Corp. v. Public Service Commission (1980) established a four-part test to determine when restrictions on commercial speech are permissible.

Fourth and Fifth Amendment Protections

• Businesses in closely regulated industries have limited Fourth Amendment protections against searches and seizures.
• New York v. Burger (1987) allowed warrantless inspections of junkyards under a regulatory scheme, ruling that closely regulated industries have reduced privacy expectations.

Equal Protection Clause

• The Equal Protection Clause (Fourteenth Amendment) prohibits states from enacting discriminatory laws. Strict Scrutiny is applied to laws affecting suspect classifications.
• Rational Basis Review is applied to business regulations unless fundamental rights are involved.

State Taxation and Interstate Commerce

• States cannot impose taxes unduly burdening interstate commerce.
• Nexus Requirement: A business must have a substantial connection to the state to be taxed.
• Apportionment: Taxes must be fairly distributed to avoid multiple taxation.
• Complete Auto Transit, Inc. v. Brady (1977) upheld a Mississippi tax on interstate trucking but established a four-part test ensuring taxes do not discriminate against or unduly burden interstate commerce.

Criminal Law Overview

Felonies vs. Misdemeanors

• Felonies are serious crimes, such as murder or robbery, punishable by more than one year in prison or death.
• Misdemeanors are less severe offenses, like petty theft or simple assault, with penalties of up to one year in jail or fines.
• Felonies require grand jury indictments in federal cases, often involving lengthier trials and appeals, while misdemeanors are handled in lower courts with simpler procedures.

Mens Rea (Intent) and Actus Reus (Action)

• Mens Rea: The guilty mind, or criminal intent.
• Actus Reus: The guilty act, meaning engaging in conduct prohibited by law.
• In murder, intent distinguishes first-degree murder from manslaughter.

Criminal Procedure

• Miranda Rights: Law enforcement must inform suspects of their right to remain silent and to an attorney.
• Exclusionary Rule: Evidence obtained in violation of the Fourth Amendment cannot be used in court.

Probable Cause and Warrants

• Probable Cause: A reasonable belief that a crime occurred, required for arrests and searches under the Fourth Amendment.
• Warrants: Must be issued by a judge based on sworn affidavits demonstrating probable cause.
• Exceptions: Exigent circumstances, plain view, consent searches, and automobile searches may allow warrantless actions.

Bribery and Economic Crimes

• Bribery: Offering, giving, or receiving something of value to influence a public official's actions.
• White-Collar Crimes: Include fraud, embezzlement, and insider trading, often prosecuted under federal laws like the Securities Exchange Act.

RICO Law

• Racketeer Influenced and Corrupt Organizations Act (RICO): Originally enacted to combat organized crime but now used against corporate fraud, political corruption, and financial crimes.
• RICO is applied against corporations, gangs, and corrupt officials and requires proof of a pattern of racketeering activity.

Tort Law Overview

• Tort law addresses civil wrongs, compensating victims rather than punishing wrongdoers.

Negligence

• Negligence requires duty, breach, causation, and damages.
• The reasonable person standard assesses if the defendant acted as a prudent person would.

Strict Liability

• Strict liability holds defendants liable regardless of fault for inherently dangerous activities or defective products.

Causation

• Causation in negligence is analyzed through the "but-for" test to establish if the defendant's actions directly led to the harm.

Res Ipsa Loquitur

• Res ipsa loquitur allows courts to infer negligence from the incident itself, shifting the burden of proof.

Assumption of Risk

• Assumption of risk occurs when an individual knowingly engages in a risky activity, often reducing the defendant's liability.

Damages, Defenses and Comparative Fault

• Damages in tort law include compensatory and punitive damages.
• Comparative negligence reduces recovery based on fault, while contributory negligence can bar recovery.

Intentional Torts

• Intentional torts (e.g., assault, battery, false imprisonment) require deliberate actions by the defendant.
• Public figures in defamation cases must prove actual malice.

Strict Liability in Products

• Strict liability holds manufacturers accountable for defective or dangerous products, irrespective of negligence.

Business Torts

• Business torts involve individual or corporate responsibilities and are defined by intent.

Fraud and Misrepresentation

• Fraud: Intentional deception, reliance on false information, and harm caused by misinformation.
• Misrepresentation: It can be negligent (careless) or intentional (deliberate).

Interference Torts

• Interference torts: interference with contractual relations disrupts contracts and interference with prospective advantage affects future business opportunities.

Slander and Business Defamation

• Slander and Business Defamation: Slander of title involves false statements about property ownership and business defamation damages reputation and good will.

Invasion of Privacy

• Invasion of Privacy: It arises in business contexts such as disclosure of private facts.

Case Law references

Weisgram v. Marley Co. (2000)

• Core issue: Can a jury's verdict be overturned if it relies on unreliable expert testimony, and can an appellate court directly enter a judgment instead of ordering a new trial?
• Holding established that unreliable expert testimony can lead to the reversal of a jury verdict, even without the chance for a new trial for the losing party, underscoring the necessity for scientific reliability in supporting claims

Naples v. Keystone Building (2010)

• Core issue: Can a trial judge decrease the amount of damages that are supported by expert testimony?
• Holding reinforced the role of trial judges in thoroughly assessing expert testimony when determining damages, especially in construction disputes.

Southland Corp. v. Keating (1984)

• Core issue: Does the Federal Arbitration Act preempt individual state laws that restrict arbitration?
• Federal law preempts state laws, making arbitration clauses enforceable.

National Labor Relations Board v. Joseph Macaluso, Inc. (1980)

• Core issue: Can mediators be forced to give testimony in labor disputes
• Mediator confidentiality outweighs the need for testimony.

Buckeye Check Cashing v. Cardegna (2006)

• Core issue: Who decides on a contract's validity, or will this be decided in court or during arbitration?
• Contract validity challenges must be handled by the arbitrator.

Paranzino v. Barnett Bank (1997)

• Core issue: What are the remedies for violating a mediation confidentiality agreement?
• There are sanctions breaching a confidentiality agreement.

Zamora v. Lewis (2019)

• Core issue: The focus is if a court has a link over defendants in another state in a wrongful death case.
• Court has to have a sufficient connection.

Charlotte Chambers v. Dakotah Charter (1992)

• Core issue: Which state law applies in a multi-state injury scenario?
• Court focus on where the injury occurred and where the contract was made

Edwards v. Direct Access (2005)

• Core issue: Can state courts hear cases involving the Federal Telephone Consumer Protection Act (TCPA).
• State courts can hear TCPA cases.

Oldfield v. Pueblo de Bahia Lora (2009)

• Core issue: Does a U.S. court have jurisdiction over a foreign resort after an injury in Costa Rica?
• Court focus on sufficient U.S contacts existing for jurisdiction.

Ex parte Kia Motors America (2003)

• Core issue: Should a court hear a case moved to Florida?
• Courts balance justice and convenience when moving a case.

Price v. Calder (2015)

• Core question: Can an attorney claim a case of judicial immunity to their defense for actions taken on behalf of the court?
• The decision made states that individuals are protected in the capacity of their post.

Amendments

• Amendment Process: The constitution protects its integrity by using complex and vigorous requirements to amend it.

Commerce Clause

• Expansion of Federal Regulatory Power: Cases demonstrate the extensive reach of Congress to regulate activities that affect interstate commerce.

Necessary and Proper Clause

• Implied Powers of Congress Congress can exercise powers not explicitly listed in the Constitution to implement its enumerated powers.

Supremacy of Federal Law

• Federal law prevails over state law.

Constitutional Limitations of State Powers

• Prevents states from enacting laws that unjustly burden or discriminate against interstate commerce.

Takings Clause Fifth Amendment

• Prohibits the government from seizing private property for public use without just compensation.

First Amendment and commercial speech protections

• Commercial speech is protected but with limitations.

Fourth and Fifth Amendment Protections

• Businesses are protected from unreasonable searches as seizures.

Equal Protection Clause

• Ensures that businesses and individuals are treated equally.

State Taxation and Interstate Commerce

• States cannot impose taxes that discriminate.

Criminal Law Foundations

• Criminal justice assumes that the law of crimes protects society and that punishments should be proportional to the crime caused.

Elements Of A Crime

• Actus Reus hinges on acts and intentions (mens rea).

Criminal Justice Procedures

• Law must be enforced equally protecting both sides and adhering to legal requirements.

Statutes of Limitations: Time and Justice

• Criminal prosecution occur within a reasonable time taking both parties circumstances into consideration.

Bribery and Corruption Crime

• Bribery undermines trust in the public sector and can be considered an erosion of ethics.

Racketeering and Boader Criminal Statsues

• Statutes are in place to prevent further corruption which will eventually lead to bigger problems in the long run.

Sentencing Guidelines

• Federal systems need sentencing guidelines to have a balanced, fair and understandable framework for the sentencing process.

Tort Law Overview

• Tort law addresses the civil wrongs committed by citizens.
• It includes negligence, intentional acts and strict liability.

Negligence

• Negligence includes breach of duty, causation and any damages.
• When finding a case of negligences reasonable standards are measured to determine a positive verdict.

Strict Liability

• This is applied to inherently dangerous scenarios.

Causation

• The action of the defendant must be linked to the suffering of the plaintiff.

Res Ipsa Loquitur and Assumption of Risk

• Res ipsa loquitur transfers the burden of proof onto the defendant in certain instances leaving it up to them to proof innocence.
• Risk assumption transfers the risk a person takes onto the plaintiff, for instance if they sign a waiver.

Defence Damage and Comparative Fault

• Depending on the type torts that can change how a verdict and award is delivered.
• It can either affect it, stop it or allow it to transfer risk.

Intentional Torts

• Actions need to be deliberate for tort to pass

Strick Liability in Products

• Those that create products are responsible for damages.

Business Torts

• Whether harm was caused by the intent and understanding the nature of business relationships is examined.

Fraud Misrepresentation

• False statements weather deliberate or negligent are considered in cases.

interference

• Harm must be tangible to prove interference.

Invasion Of Privacy

• Rights come into question weather it is in the public's concern versus an individuals.