Legal Environment of Business I Notes PDF

Sources of Law and Constitutional Law Overview Sources of Law in the United States 1.​ Substantive Law 2.​ Procedural Law 3.​ Private Law 4.​ Public Law Substantive Law vs Procedural Law Public Law (Affects a great number of people) vs Private Law (A disagreement between 2 neighbors)...

Sources of Law and Constitutional Law Overview Sources of Law in the United States 1.​ Substantive Law 2.​ Procedural Law 3.​ Private Law 4.​ Public Law Substantive Law vs Procedural Law Public Law (Affects a great number of people) vs Private Law (A disagreement between 2 neighbors) US Constitution ​ 7 Articles ​ Provides a basis for all other law ​ Superior Law Amendments to the US Constitution -​ 27 Amendments (how many times) -​ Proposed by ⅔ of Congress of ⅔ of state legislative -​ Ratified by ¾ of state legislative The 2 branches are the Judicial, Legislative, Executive Branch Arkansas Constitution -​ Cannot violate the US Constitution -​ The current version was passed in 1874 -​. -​ 160 Pages long 4 Major Functions of The US Constitution 1.​ Establishing a framework for a system of gov. Article I: Legislative Branch (Responsible for making laws) (A law must go through this branch to be enforced) Article II: Executive Branch () Article II: Judicial Branch (Counts Votes) 1.​ Separation of Power  2.​ Checks and balances 2. Defining the relationships between the federal and …… 10th Amendment: Constitutional Law & Individual Rights and Freedom Constitutional Rights: Freedom of speech Who is protected by Constitutional Rights? -​ Player v Doe. (1982) -​ Guantanamo Bay -​ “Extraordinary Rendition” Amendments: First Amendment - (Freedom of Religion) Establishment Clause () Free Exercise Clause (Required Covid Vaccinations in Public Schools) * Law of general applicability may be violated Freedom of Speech * Limitations (Obscene Speech, Fighting Words, Defamation (speaking dirt/untrue on someone or something), Commercial Speech, Sexual In nature, Speaking about committing crimes, & time and place restrictions) ​ Fourth Amendment - (Unreasonable searches and seizures) *Exceptions (Suspicion of crime, Someone with a government job can’t search, consenting to a search (if they agree- they’re most likely not hiding anything), ) ​ Fifth Amendment - (No double geopardty in criminal trials) *Minimum Due Process Rights: A.​ Notice B.​ Opportunity to be heard C.​ Neutral/Impartial decisionmaker ​ Sixth Amendment - (Right to, impartial/local jury, be informed of the charge, speedy trial, public trial, confront witnesses against them, subpoena witnesses, an attorney, a counsel..) ​ Eight Amendment - prohibition of excessive bail. (If they were underage when they did the crime, it’ll cause delays in trial…) ​ Fourteenth Amendment - Equal Protection -​ Passed by Congress -​ Equal Protection Clause (Providing equal treatment to those who are similarly situated) -​ Incorporation (1, 2, 3, 5, 6, 8th Amndmt.) Doctrine *Substantive Due Process -​ / Umbra: Penumbra: Taxing & Spending Clause: Commerce Clause()a1;s3: STATUTORY LAW Who creates statutory law? -​ Federal -​ State -​ Country -​ City Primary Sources of Law -​ Constitutional -​ Statutory -​ Administrative -​ Case The Intersection of Constitutional and Statutory Law -​ Rational Law (Public Health & Safety; Economic matters; …) -​ Intermediate Scrutiny - Important Government Interest Example: (Firearms; Undocumented Immigrants; Sex/Gender; Commercial Speech ) -​ Strict Scrutiny - Further Compelling Government Interest / Highest Standard (Religion; Race; Right under Substantial Due Process; …) Motives for passing new statutes. -​ Funding -​ Social Change -​ Technological Change -​ Economic Crisis -​ Public Health -​ Security Concerns Administrative Law 1.​ Enabling legislation is passed by Congress 2.​ The agency develops proposed rules and regulations 3.​ Proposed Rules & Regulations that are published can make comments 4.​ A final rule is published and goes into effect as LAW Administrative Law Basis ​ No specific constitutional provision ​ Delegation Doctrine ​ Law-making authority flows from the authority Different types of Administrative Law -​ Procedural; Interpretive; INternal; Legislative CASE LAW Judicial Branch - Creates Law Primary Sources of Law in the US -​ Constitutional Law; Statutory; Administrative; Case Law Bases for challenging a law -​ Unconstitutional stature (Violates constitution); Illegal creation process; Unconstitutional enforcement; Lower court’s decision. LAW SYSTEM Civil Laws are… Common Sense, Subject to Change, and “CODE(Stature)” Based Common Laws are… Historical & Procedural How’s a case identified? Case v Plantiff; State Criminal Case; Federal Criminal Case; Private Civil Case Stare Decisis “to let the decision stand” Horizontal Application - HIgher Court Interpretation Vertical Application - Lower Court Interpretation Justiciability Requirments Actual controversy; Standing; Ripeness; Mootness (Irrelavent) Types of Federal Courts in the US Article 1 - Legislative Courts, US Bankruptcy, US Tax Court, US Court of Appeals to Armed Forces, US Immigration Court, Social Security Administration Court ​ Article 2 - US Supreme Court, US Circuit Court of Appeal, US Federal District Court Laws heard by Article 3 COurts - Federal Laws, Treaties, cases between two or more states, cases involving ambassadors, etc There are NINE US Supreme Court Justices 10th Amendment - “Any powers not given to the federal government are reserved for the states or the people” Types of Jurisdiction - Subject Matter Jurisdiction, Territorial Jurisdiction, Personal Jurisdiction Long Arm Statures - focuses on “minimum contacts”, defendant’s perspective of freedom, plaintiff’s perspective of accountability Court System in Arkansas Federal Court Hearing State Law Issues -​ State law allegedly violates the US Constitution -​ Diversity of citizenship -​ Cased involves federal and state laws All state judges are elected for 4-8 years Election of AR State Judges / Supreme Court of AR -​ 7 Non-partisan judges -​ 8-year terms -​ Statewide elections -​ Appellate jury -​ No jury -​ Creates precedent for all courts in AR ^ The Court of Appeals is the same but with 12 non-partisan judges What happens in an “appeal” -​ The entire case is now header again -​ Issues must be presented at court -​ Court decides disputed issues that were presented for appeal at the trial court level Faulkner County Circuit Court (Supreme Court) -​ 6-year terms -​ 5 non-partasan judges -​ Trial Court Circuit Court - General Subject Matter Jurisdiction -​ Criminal(CR), Civil(CV), Juvenile(JV), Domestic Relations(DR), Probate(PR)... Venue = “location” Grand Jury -​ Hears evidence presented only by the majority vote -​ Procedures are public Petit Jury -​ Hears evidence for the plaintiff and defendant Different Types of Attorneys -​ Private v Piublic Law; Litigator; Transactional; Alternative Dispute Resolution(Arbitration, Mediation) |