Chapter 1, 5 and US Constitution
Business Law Test 1
Terms in this set (22)
A body of enforcement rules governing relationships among individuals and between individuals and their society. Between individuals is civil. Society and individual is criminal law.
Four Primary Sources of Law
3. Administrative Rules and Regulations
4. Common Law
Set fourth the fundamental rights of the people living within the US or a given state, describing and empowering the various branches of government and prescribing limitations on that power.
Enacted by congress or the legislation of a given state and ordinances adopted by a given locality.
Administrative Rules and Regulations
Promulgated by federal state and local regulatory agencies.
Which is the body of judicial decisions that interpret and enforce any of the foregoing as well as those relationships among individuals or between individuals and their society which are not subject to constitutional statutory or administrative law.
Order of Hierarchy Among Primary Sources of American Law
2.)Federal Statutory Law
4.)State Statutory Law
6.)Administrative rules and ruling
Civil vs. Criminal Law
Civil Defines and enforces the duties or obligations of persons to one another.
Criminal Law by contrasts, defines and enforces and obligations of persons to society as a whole.
Established US Gov.
A 1: Establishes presidents with the legislative powers and provides specific powers.
A 2: Establishes presidents as the chief executive of the US along with specific powers.
A 3: Establishes the US Supreme Court and provides that it is the highest court in the US.
Tri-Partite Gov.: Checks and Balances
National government of the US of America composed of 3 seperate branches, each of which acts as a check on the others power
*Executive Branch which has the power to veto legislation passed by Congress and to appoint the members of Judiciary.
*Legislative Branch which may override the presidents veto, and which may define the jurisdiction of the judiciary and must confirm judiciary appointees; and
* The judicial branch (Supreme Court and the federal; Court system) which has the power to void the acts of the executive and legislative branches because they are unconstitutional.
A1 Sec 8 of US Constitution: Empowers congress "to regulate commerce with foreign nations, and among the several states, and with the Indian Tribes."
Cannot write laws against constitutional laws
Federal law is said to be preempt a conflicting state or local law, regulation, or ordinance if..
*federal law is so pervasive comprehensive or detailed that it leaves state and local law no room to supplement it or
*federal law creates a federal regulatory agency that is empowered to enforce federal law.
Bill of Rights
First 10 amendments to the US Constitution comprise the Bill of Rights- A series of protection for individuals against various types of government action.
*The protection afforded by the Bill of Rights are only against action by the federal government
*The US Supreme Court has incorperated the protection afforded by the Bill of Rights into the following language of the 14th amendement..
....."No State shall make or enforce any laws which shall abridge the priveleges or immunities of citizens of the US; nor shall any State deprive any persons of life, liberty, or property without due process of law; now deny to any person within its jurisdiction of the equal protect of the laws."
Guarantees freedom of religion, speech, and the press, peaceably assemble and petition the government.
*Includes all forms of excessive conduct, including gestures, movements, and clothing.
*Speech or writing that defames or harms the good reputation of another person, threatening or fighting words and obscene or pornographic speech may be prohibited.
Protect the right of people to be secure in their persons, houses, papers, and effects. As a consequence law enforcement officers must have probable cause before they may search and or seize any persons property.
*Most instances officers must obtain a search warrent issued by a judge or other piblic official, and based on probable cause before searching a persons property.
Fourth Amendment Cont.
If an officer has probable cause and a genuine concern that the delay involved in obtaining a search warrant may result in relocation destruction of the property sought to be search (most notably, an automobile), a warrantless search may be performed.
Guarantees that no person "shall be compelled in any criminal case to be a witness against himself."
*No double jeopardy
*Nor be deprived of life liberty or property without due process of law; nor shall private property be taken for public use, without just compensation. (only gov. actions)
Fifth Amendment Cont. Procedural Due Process:
Requires that any government decision to take life, liberty, or property must be made fairly, and provide the party to prior notice and the opportunity to be heard by an impartial decision maker.
-The powers not delgated to the US by the constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
YOU MIGHT ALSO LIKE...
Series 7 Top-Off Exam Preparation | Knopman Marks Guide
Business Law, Chapter 4- Business and the Constitution
Chapter 5 (complete)
BLS Chapter 5
OTHER SETS BY THIS CREATOR
Enterprise Day 2
THIS SET IS OFTEN IN FOLDERS WITH...
Business Ethics 1
BLAW ch 2
BLAW ch 3
BLAW Ch 4