business law 1

prohibits states from enacting laws that unduly discriminate in favor of their residents over other states

gvmt give person proper notice and hearing before deprived of life liberty or process

requires that laws be clear on their face and not overly broad in scope, if not then 'void for vagueness'

no person shall be deprived of life libery or property without due process. catergories are substantive and procedural.

• in place by supreme court to check for violation of equal protection clause:
• strict scrutiny test (suspect class)
• intermediate scrutiny test (protected class other that race)
• rational basis test (does not involve suspect or protected class)

federal, state and local gvmt action; prohibits gvmt from enacting laws that classify and treat 'similarily' persons differently. not absolute.

in first amendment, establishment clause and free exercise clause

• dangerous speech
• fighting words
• advocation of violent overthrow of government
• defamatory speech
• child pornography
• obscene speech

• subject to governmental time, place, and manner restrictions.
• offensive speech
• commercial speech

cannotbe prohibited or regulated by government

• case name, citation, court
• summary of key facts
• issue
• rule
• analysis summary
• conclusion

provides for adherence to precedent

federal and state courts decide controversies. in doing so they issue decisions that state the holding of each case and reasoning used by the court in reachin it's decision.

created by telegislative and executive branches of government, may adopt administrative regulations and issue orders.

issued by president and governers of states, regulate the conduct of covered parties.

states are enacted by the federal congress and state legislatures. ordinances are passed by municipalities and loca government bodies. they establish courses of conduct that must be followed by covered parties.

the president, with advice and consent of senate, may enter into treaties with countries

establish federal government and enumerates powers. powers not given to federal government are reserved to states. states do as federal

forms the basis of the legal systems of most states in the US.

believes that promoting market efficiency should be the central concern of legal decision making

maintians that legal rules are unnecessary and that legal disputes should be solved by applying arbitrary rules based on fairness

believes law is a set of rules developed, communicated, and enforced by ruling party

maintains law is shaped by logic

asserts law is a means of achieving and advancing certain sociological goals

believes that law is an aggregate of social traditions and customs

postulates that law is based on what is corecct. it emphasizes a moral theory of law - that is, law based on morality and ethics

the law must be flexible to meet ocial, technological, and economic changes in the US and world

although the US legal system is one of the fairest and most democratic systems of lawm abusues and mistakes in the application of law do occur

• keep the peace
• shape moral standards
• promote social justice
• maintian the status quo
• facilitate orderly change
• facilitate planning
• provide a basi for compromise
• maximize individual freedom

law is a body of rules of action or conduct that has a binding legal force. laws must be obeyed by citizens, subject to sanction or legal consequences