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Lecture 2

BLW 202 Lecture 2: 4:4:2017

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Business Law
BLW 202

4/4/2017 Chapter 4: Constitutional Law ● fundamental law of a particular level of government ● does three things ○ establishes the structure of the government ○ defines the political relations within the government ○ sets fourth the rights and authority of the government Federal Law Reigns Supreme ● Judicial review ○ federal courts perform this ● Powers of the government ○ commerce power ◆ Tax & Regulate businesses ○ Fiscal Power ◆ gives the feds the ability to tax, spend, and to borrow ● Bill of Rights ▯. Freedom of speech ◆ limited if it impedes on the rights of others ◆ very slippery slope ▯. Citizens have a right to bear arms ▯. No soldier may be quartered in your house against your will ▯. No warrant shall issue, no arrest should be made without probably cause ◆ probably cause: good reason to believe ▯. protects against double jeopardy, to testify against yourself, ▯. Right to a speedy trial, jury of your peers, fair and impartial jury (Speck, Dommer Example) ▯. in a matter of controversy in an amount of $20 or more you have the right to sue ▯. no excessive bail should be imposed, protects you against cruel and unusual punishment ▯. constitution is interpreted by legal scholars, interpreted as a giver of rights rather than a taker ▯▯. power is not taken by the feds, states can make their own laws 14. made bill of rights mandatory in state trials, plus an equal protection clause ◆ Brown v board of ed. Federal domain: governments ability to acquire property for public use Chapter 5: ***if an administrative agency has the ability to decide cases, the power of the courts to pass on those cases is not displaced Chapter 6: Criminal Law ● What is a crime? ○ an act forbidden by a public law ◆ that public law is designed to protect society ○ prohibited to protect the gov
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