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Business Law

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