BUL 4421 QUESTIONS AND ANSWERS LATEST
UPDATE (ALREADY GRADED A+).
Mediation continued
if the mediation is successful the parties enter into a mediation agreement, if party breaches the
mediation agreement the other non-breaching party may seek to enforce settlement.
Court- Annexd ADR
Programs where courts encourage or mandate use of some of ADR before bringing dispute to trial, most
popular court annexed ADR is mediation.
10th amendment of U.S. Constitution
states all powers neither given to federal government nor taken from states is reserved for states. thus
federal legislation affecting business must be based on express Constitutional authority.
Supremacy Clause
Any state or local law that directly conflicts with the Constitution, federal laws or treats is void.
Concurrent authority
in some area both state and federal governments have the power to regulate the same subject matter.
Federal Preemption
If Federal Govt regulates an area of law exclusively any state law that contradicts the federal law will be
deemed unconstitutional
Commerce Clause Act 1, Sec. 8 of U.S. Constitution
U.S. congress has the power to "regulate the Commerce with foreign nations and among the several
states, and within the Indian Tribes."
Bill of Rights
- first 10 amendments to the U.S. Constitution
-substantially affects government regulation of business
-prohibits federal govt from infringing on individual freedoms
14th amendment
-extends most of the provision in the Bill of Rights to the states.
-Thus, the federal and state governments cannot deprive individuals of the freedoms protected by the
Bill of Rights.
1st Amendment
, -Guarantees freedom of speech, including gestures, and other forms of expressions, and of the press.
-not an absolute right, cant yell "fire" in crowded theater, make false statements of fact that are
injurious to another reputation, or to use obscenity.
-fighting words, defamatory words, and obscenity are unprotected speech.
4th Amendment
Prohibits Government from conduction unreasonable searches of individuals and seizing their property
to use as evidence against them.
Search Warrant
-a court order that authorizes law enforcement agents to search for and seize items specifically
described in the warrant.
-government officials can obtain search warrants only if shown probable cause to believe that the search
warrant will uncover specific evidence of criminal activity.
5th Amendment
-protects against self-incrimination
-a defendant does not have to testify in court as a witness against himself or herself.
-protects against double jeopardy
5th Amendment continued
-Contains due process clause
-Govt cannot deprive person of life, liberty, or property without due process of law.
Procedural Due Process
-requires Govt use fair procedures.
-entitles notice of legal action against him/her
-entitles opportunity to be heard
-entitles impartial tribunal
Substantive Due Process
- refers to the basic fairness of laws that may deprive an individual of life, liberty, or property.
(Strict Scrutiny) 14th Amendment Equal Protection Clause
-applies if law prevents individuals from exercising fundamental right.
-laws classification scheme involves suspect classifications based on race, national origin, or citizen ship.
(Intermediate Scrutiny) 14th Amendment Equal Protection Clause
-if the laws classification schemed is based on gender or on the legitimacy of children.
(Rational Basis) 14th Amendment Equal Protection Clause
- when a classification scheme involves other matters.
Govt must demonstrate 2 elements of a crime
UPDATE (ALREADY GRADED A+).
Mediation continued
if the mediation is successful the parties enter into a mediation agreement, if party breaches the
mediation agreement the other non-breaching party may seek to enforce settlement.
Court- Annexd ADR
Programs where courts encourage or mandate use of some of ADR before bringing dispute to trial, most
popular court annexed ADR is mediation.
10th amendment of U.S. Constitution
states all powers neither given to federal government nor taken from states is reserved for states. thus
federal legislation affecting business must be based on express Constitutional authority.
Supremacy Clause
Any state or local law that directly conflicts with the Constitution, federal laws or treats is void.
Concurrent authority
in some area both state and federal governments have the power to regulate the same subject matter.
Federal Preemption
If Federal Govt regulates an area of law exclusively any state law that contradicts the federal law will be
deemed unconstitutional
Commerce Clause Act 1, Sec. 8 of U.S. Constitution
U.S. congress has the power to "regulate the Commerce with foreign nations and among the several
states, and within the Indian Tribes."
Bill of Rights
- first 10 amendments to the U.S. Constitution
-substantially affects government regulation of business
-prohibits federal govt from infringing on individual freedoms
14th amendment
-extends most of the provision in the Bill of Rights to the states.
-Thus, the federal and state governments cannot deprive individuals of the freedoms protected by the
Bill of Rights.
1st Amendment
, -Guarantees freedom of speech, including gestures, and other forms of expressions, and of the press.
-not an absolute right, cant yell "fire" in crowded theater, make false statements of fact that are
injurious to another reputation, or to use obscenity.
-fighting words, defamatory words, and obscenity are unprotected speech.
4th Amendment
Prohibits Government from conduction unreasonable searches of individuals and seizing their property
to use as evidence against them.
Search Warrant
-a court order that authorizes law enforcement agents to search for and seize items specifically
described in the warrant.
-government officials can obtain search warrants only if shown probable cause to believe that the search
warrant will uncover specific evidence of criminal activity.
5th Amendment
-protects against self-incrimination
-a defendant does not have to testify in court as a witness against himself or herself.
-protects against double jeopardy
5th Amendment continued
-Contains due process clause
-Govt cannot deprive person of life, liberty, or property without due process of law.
Procedural Due Process
-requires Govt use fair procedures.
-entitles notice of legal action against him/her
-entitles opportunity to be heard
-entitles impartial tribunal
Substantive Due Process
- refers to the basic fairness of laws that may deprive an individual of life, liberty, or property.
(Strict Scrutiny) 14th Amendment Equal Protection Clause
-applies if law prevents individuals from exercising fundamental right.
-laws classification scheme involves suspect classifications based on race, national origin, or citizen ship.
(Intermediate Scrutiny) 14th Amendment Equal Protection Clause
-if the laws classification schemed is based on gender or on the legitimacy of children.
(Rational Basis) 14th Amendment Equal Protection Clause
- when a classification scheme involves other matters.
Govt must demonstrate 2 elements of a crime
