MANAGMNT 260 Lecture Notes - Lecture 1: Precedent, Commerce Clause, Double Jeopardy
Document Summary
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. Procedural law establishes the rules for enforcing substantive law. Criminal law defines breaches of duty or obligation to society. People are punished only if they violate the terms of written law. 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. You can"t be tried for the same crime twice. Divided power among federal and state governments. Divided power between the branches of the federal government. Federal law will trump over state law due to supremacy rule. The constitution gives congress the power to pass laws. The commerce clause: regulate interstate and foreign commerce.