BUS LAW

A rule that must be obeyed

Common Law

• US Constitution
• State Constitution
• Treaties
• Equities
• Statutes
• Common Law
• Administrative Law

A rule that must be obeyed by citizens

• Judge-made laws includes cases, tribunals etc... that are more flexible thatn civil law.
• Use Precendents

Case is decided on using the same principles as previous cases were decided upon.

Eg. (NAFTA) Agreed upon and ratified agreement with foreign nations.

"To let a decision stand" Precedent is binding on later cases.

Judges POWER increases to make things right.

• Congres has the power to pass laws on certain subjects. (Military).
• State also has this power (Family laws)

Administrative agencies oversee day to day work. (Regulators of U.S. and State Laws)

• 1. Criminal and Civil
• 2. Substantive and Procedural
• 3. Public and Private

• -Concerns behaviors society has outlawed due to its threatening nature.
• -Guilt is determined
• -Punishments include fines or imprisonment

• -Regulates the rights and duties between parties.
• -Damages are determined
• -Remedy: Compensation

Defines the rights of people (landlord-leasee) which restricts conduct (you should not murder).

Establishes the process of settling disputes

Rights and obligations of governments as they deal with the nation's citizens. (between you and the government)

Regulates duties between individuals, private sector (landlord-tenant laws)

Those who supported strong central government.

Those who supported strong state government.

• A series of compromises about power between the Federal and State governments.
• Supreme law of the land.

Part of the constitution that guaranteed many liberties to individual citizens.

Congress has power to regulate commerce with foreign nations and among the states.

Exclusive power for the Federal government to regulate commerce/trade among nations.

The States and Congress both regulate commerce/trade among states.

Congress may regulate any activity that has substantial economic effect on interstate commerce.

• 1. Executive
• 2. Legislative
• 3. Judicial

Power of the President

• 1. Appointment - appoint heads of administrative agencies
• 2. Legislation- propose/veto bills
• 3. Foreign Policy- conduct the nation's foreign affairs (military command)

Power of the Supreme and Judicial Courts. Includes 2 key functions.

• 1. Adjudicating- Fed Court hears civil and criminal cases
• 2. Judicial Review- Federal courts can declare a statue or government action unconstitutional/void

The Court's willingness/eagerness to become involved in major issues.

The attitude that courts should leave the lawmaking to legislators and nullify a law when it unquestionably violates the constitution.

• 1. It is mandatory
• 2. Needed to achieve success

Freedom of Speech, Assembly, Press, Religion

Right to Bare Arms

Right to Privacy

Right to due process, double jeopardy.

Protection from self-incrimination. (I plead the fif)

True.

• Each of the three branches of government can limit the power of another branche(s) so that no one
• branch achieves excessive power.

B. State

Rights that protect people from teh Government or anyone who has government power.

• 1. Time, Place, Manner
• 2. Morality/Obscenity
• 3. Commercial Speech (false, misleading)
• 4. Fighting Words
• 5. Inciting Lawlessness
• 6. Libel/Slander

Governement can take private property for public use as long as the owner is justly compensated.

Equal Protection Clause. All people must be treated equally.

• 1. Minimal Scrutiny (economic and social)
• 2. Intermediate Scrutiny (gender, place/time/manner)
• 3. Strict Scrutiny (race, fundamental rights)

State/local bill is sent to Congress (HoR and Senate) then to the President where it is vetoed or passed as a law.

• 1. Plain Meaning
• 2. Legislative Intent (What the court believes the legislature indends)
• 3. Public Policy

• 1. Trial Court
• 2. Appellate Court
• 3. Supreme Court

The courts ability to hear a case and make a binding decision.

• Reviews Trial Courts decicion and facts.
• Looks for errors of law (is the judge's interpretation correct?)

• 1. Pre-trial. Pleadings
• 2. Discovery (fact find)
• 3. Trial

• Criminal- needs to be beyond a reasonable doubt that the defendent is guilty
• Civil- majority vote (51/49)

• 1. Figure out what laws apply
• 2. Pick a Business Entity
• 3. File Business Name with the Secretary of the State
• 4. Taxes and Employees (FEIN or TIN)
• 5. Licensure and Permits

• 1. Sole Proprietorship
• 2. General/Limited Partnership/LLP
• 3. LLC
• 4. S-Corp
• 5. C-Corp

• 1. Liability: Unlimited Personal
• 2. RC: Limited what can be obtained
• 3. Mgt: 100% management
• 4. Tax: Taxed as an individual
• 5. Formation/Operating Regulations: N/A

Jury Selection

• Liability: Unlimited liability for both partners
• RC: Limited to Partner Resources
• MGT: 50-50
• Taxes: Individual

Partnership is stopped by denying there is a partnership unless it looks/feels/acts like a partnership in the government's eyes.

Investor, non-managers that have little say in daily operations.

• Liability: Limited
• Taxes: no double taxation
• F/O REG: Operating Agreement, Articles of Organization