BUSFIN 3500 Lecture Notes - Lecture 1: Free Trade, Dormant Commerce Clause, Due Process
Document Summary
Commerce clause- protect buying and selling, usually on large scale. Can burden commerce if in the act of protecting citizen. The dormant commerce clause- free trade amongst the states: to protect health, safety, and welfare of citizens. Amendments: protecting citizens from government action (state action) Powers not given to the us gov is reserved for the people: 14th amendment, equal protection, due process. Life, liberty: public v private, civil v criminal, plantiff in criminal case is always from the state, beyond reasonable doubt (criminal, civil. Preponderance of the evidence, use of jury, 51: sources of law, us constitution, statutes, treaties, executive orders, regulations, court decisions. A court must have jurisdiction over the defendant, the party against whom the lawsuit is brought. In rem, jurisdiction over the property involved in the lawsuit. Persons- power of a court to compel the defendant to appear in a particular court.