business law 1

  1. privileges and immunities clause
    prohibits states from enacting laws that unduly discriminate in favor of their residents over other states
  2. procedural due process
    gvmt give person proper notice and hearing before deprived of life liberty or process
  3. substantive due process
    requires that laws be clear on their face and not overly broad in scope, if not then 'void for vagueness'
  4. due process clause
    no person shall be deprived of life libery or property without due process. catergories are substantive and procedural.
  5. standards of review
    • 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)
  6. equal protection clause
    federal, state and local gvmt action; prohibits gvmt from enacting laws that classify and treat 'similarily' persons differently. not absolute.
  7. freedom of religion
    in first amendment, establishment clause and free exercise clause
  8. unprotected speech
    • dangerous speech
    • fighting words
    • advocation of violent overthrow of government
    • defamatory speech
    • child pornography
    • obscene speech
  9. limited protection seech
    • subject to governmental time, place, and manner restrictions.
    • offensive speech
    • commercial speech
  10. fully protected speech
    cannotbe prohibited or regulated by government
  11. briefing a case: IRAC
    • case name, citation, court
    • summary of key facts
    • issue
    • rule
    • analysis summary
    • conclusion
  12. doctrine of stare decisis
    provides for adherence to precedent
  13. judicial decisons
    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.
  14. regulations and the order of administrative agencies
    created by telegislative and executive branches of government, may adopt administrative regulations and issue orders.
  15. executive orders
    issued by president and governers of states, regulate the conduct of covered parties.
  16. codified law
    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.
  17. treaties
    the president, with advice and consent of senate, may enter into treaties with countries
  18. constitutions
    establish federal government and enumerates powers. powers not given to federal government are reserved to states. states do as federal
  19. english common law
    forms the basis of the legal systems of most states in the US.
  20. law and economics school
    believes that promoting market efficiency should be the central concern of legal decision making
  21. critical legal studies school
    maintians that legal rules are unnecessary and that legal disputes should be solved by applying arbitrary rules based on fairness
  22. command school
    believes law is a set of rules developed, communicated, and enforced by ruling party
  23. analytical school
    maintains law is shaped by logic
  24. sociological school
    asserts law is a means of achieving and advancing certain sociological goals
  25. historical school
    believes that law is an aggregate of social traditions and customs
  26. natural law school
    postulates that law is based on what is corecct. it emphasizes a moral theory of law - that is, law based on morality and ethics
  27. flexibiliy of the law
    the law must be flexible to meet ocial, technological, and economic changes in the US and world
  28. fairness of the law
    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
  29. functions of the law
    • 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
  30. definition of law
    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
Card Set
business law 1
exam 1, part 1