Business Law Today, The Essentials - Final Exam

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Kleeberg Final

The provision in the constitution that gives Congress the power to regulate interstate commerce

Commerce clause

To give some power to congress, but so little that congress couldn't mess with American businesses.

Original purpose of Commerce Clause

The current impact is that congress now regulates the majority of businesses which is a complete reverse of the original purpose. Congress now regulates the entire economy.

Current Impact of Commerce Clause

Because the founding fathers could not have imagined that interstate commerce would ever be easy to ship and/or deliver timely. Ex: Trains, Airplanes, Trucks, etc

Why the original purpose of the commerce clause changed?

The legal duty to do what is necessary to protect the health and welfare of their citizens, including protecting their economic vitality. Ex: Agriculture in CA, Oranges in FL and Fish in Maine.

Police Power of State

Administrative (regulatory) Agencies are federal, state, or local government agencies established to perform a specific function (ex: FAA, CIA, SEC, FDA).

Administrative Agencies

Often called the "Fourth Branch" of there is an inter-branch problem of no checks and balances and these agencies are not mentioned by the constitution. The supreme court said to overturn or reverse a decision made by an agency, it must be proven to be arbitrary or capricious (w/o fact or reason). Meaning not based on any evidence, hard to prove.

Why is it the 4th Branch of Government

A variety of methods that you might use and consider to avoid our legal system. ** Instead of hiring an attorney, filing a lawsuit and going to court.

Alternative Dispute Resolution (ADR)

A person doesn't have the time, energy (emotion), and/or money

3 Reasons to try ADR

Arbitration, Mediation, Negotiation

3 Major types of ADR

Most similar to court system, select a neutral 3P to act as judge to hear dispute to make the decision which is binding.

Arbitration

A neutral 3P acts as a communicating agent between the parties and assists them in negotiating a settlement. Doesn't have the authority to make a decision.

Mediation

No 3P, the parties attempt to settle their dispute face to face which leads to an agreement or settlement.

Negotiation

Title of legislation passed by congress which holds a large section called the TILA or Truth in Lending Act.

Consumer Credit Protection Act of 1968

Nicknamed TILA, designed to address (solve) two problems. 1. Full disclosure of all transaction data and must be on the front page of contract. 2. End discrimination, mainly gender

Truth in Lending Act

All who regularly deal in credit transactions, meaning if you or your business deal in a credit transaction more than twice. The second time you give someone credit you have to comply with TILA.

Who must comply to TILA?

Anything tangible and mobile. Something that is touchable like a car or something that can be pulled behind. Ex: Mobile home, trailer, etc.

Personal Property

Anything that is a product of someone's mind. A product that was thought up through the creative process. Ex: inventions, songs, books, etc.

Intellectual Property

Land and attached buildings, anything attached and fixed to land.

Real Property

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