BLW 1001 Lecture Notes - Lecture 1: Commerce Clause, Substantive Law, Precedent
6 Feb 2017
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Procedural law: substantive law sets out the rights and duties of the population. Duties are a command to do or not do something. Rights and privileges include the right to free speech or the privilege of receiving government benefits. Criminal law vs. civil law: criminal law defines breaches of duty or obligation to society. People are punished only if they violate the terms of written law. Prison/jail time, fines, death penalty, house arrest (ankle bracelet), community service, and also an alternative (aa meetings, rehab, etc. ) Probation and parole: civil law establishes private duties that people or corporations owe to each other. Tort laws create many duties including the obligation to exercise reasonable care. Divided power among federal and state governments. Divided power between branches of the federal government. Constitutional powers: the constitution gives congress the power to pass laws, the commerce clause: regulate interstate and foreign commerce, taxing power: create business regulations, ability to collect taxes.
