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Business Law
| Question | Answer |
|---|---|
| The US Constitution has two functions | 1) Create a system of Government 2) Bill of Rights |
| Legislative Branch | Article 1 |
| Executive Branch | Article 2 |
| Judiciary Branch | Article 3 |
| Article 1 Section 1 | President and Supreme Court |
| How many Justices are there and how long do they serve? | 9 and for life |
| 1st Ten Amendments | BIll of Rights |
| Article 1 Section 5 | Commerce Clause Supreme Court Cases |
| Section 8 Congress Powers | To collect taxes, regulate interstate commerce, declare war |
| What can states not do?` | States cannot establish laws and regulations that impose a substantial burden on interstate commerce. Laws about having mudflaps on trucks, cant affect interstate commerce. |
| Tread Act | Transportation Recall Enhancement, Accountability and Documentation Act (tire pressure monitoring system) |
| Article 4 section 2 | Supremacy Clause, The constitution is the supreme law of the land |
| Article 4 Section 1 | Full Faith and Credit shall be given |
| Article 4 Privilege and Immunities Clause states | Prohibits state gov. from discriminating against non citizens. Having tougher penalties for other non citizens. But Can require to live in state before can vote |
| Section 2 Business and the Bill of Rights | Protection against the GOVERNMENT ONLY |
| 1st Amendment | Freedom of Speech/Freedom of Religion. Government may not pass a law that favors one religous sect or group over another |
| What are not protected by the first amendment | slander/fighting words (threats)/pornography/obscenity |
| 2nd Amendment | Right to bear arms |
| 4th Amendment | Search and Seizures They need a warrant Based on Probable Cause. They can't use it if they find it without a warrant Good faith exception |
| 5th Amendment | Takigng the 5th Can only use this for yourself. if it incriminates you |
| 6th Amendment | Right to a speedy and public trial by an impartial jury |
| 7th amendment | Right to a jury trial if amount over 20 dollars |
| Section 3 | Due Process Must have the opportunity to be heard before taken to jail |
| section 4 | Privacy rights |
| HIPPA` | Protecting health INFO |
| What Agency Regulates unfair deceptive ads | Federal Trade Commission |
| If your arent using a Tech Computer you arent the best is an example of what | PUFFING |
| Deceptive ads | Say they can do something that they cant or dont |
| Bait and Switch | illegal Black friday shopping when they say they have something and they dont |
| Food labels | must be accurate and easily understood |
| Door to door sales | must have receipt |
| Unsolicited merchandise in the mall | you can keep it |
| who is a lender | someone in the business of lending money |
| unauthorized charges on credit card | can only pay up to 50 dollars |
| unsolicited credit card by mail | dont have to pay any |
| one change in the credit card law | 45 day notice to change interest rate and has to have the same due date every month |
| Law regarding gym memberships | 3 days and have to give your money back |
| Administrative Law | Work Comp/ Government laws for employees |
| Common Law/Case Law | The judge makes the decision |
| Sustantive Law | Regulate our behavior |
| Procedural Law | Certain Limit to file lawsuits |
| Bench Trial | Judge makes the decision |
| Burden of Proof | Jury Beyond Reasonable doubt Criminal/ Not 99.9 percent likely Civil/ Ever so certain |
| Alternative to litigation | mediation and arbitration |
| Mandatory arbitration | takes away our right to go to court |
| Foreign Corrupt Practices Act | Prohibits companies from paying bribes to Foreign Government officials |
| Penalties and Violation | Up to 2 mil for Companies and 100,000 for and 5 years for individuals |
| Collective Bargaining Agreement | Contract between employers and employees to negotiate workplace wages work hours and health and safety |
| NLRA | National Labor Relations Act |
| NLRA Section 7 | Protects right to Form or join a union Right to negotiate CBA RIght to engage in concerted acts for the rights and wealth of the people |
| complaints for Unions go to the | NLRA Board |
| What percent to union negotiate | 30 for election over 50 to win |
| Cant agree for unions | lockouts happen |
| Right to work | Dont have to be in union to get CBA benefits. |
Created by:
cmparks
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