...divided on how to regulate these products in the market, causing much governmental controversy. There have been many groundbreaking and unprecedented court cases that have been shaping the public policy on which these substances stand on. These substances have an immediate and perilous effect on the health of all human beings. Tobacco is the leading cause of preventable death in the United States, alcohol causes impaired judgment and in turn causes people to do things that affect their health physically and emotionally, and marijuana has almost the same effect as alcohol. (New England Law) Health is the ultimate concern when studying these three substances, which would lead to the Family Smoking Prevention Act to survive the Hudson Test. The Granholm case would lead one to believe that states cannot discriminate against outsiders from sales, and the medical exceptions for marijuana are valid on the fact that it has a medical advantage to some citizens. I strongly believe that the federal government has a right to regulate certain aspects of these substances based upon the danger posed to the health of citizens. This paper will discuss certain court cases that shape my opinion for every substance. Central Hudson Gas & Electric Corp. v. Public Service Commission of New York, 447 U.S 557 (1980) was an important case decided by the United States Supreme Court that laid out a four-part test for determining when restrictions on commercial speech violated the First Amendment...
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...also covered. Constitutional law is covered from the perspective of business. This week also provides an introduction to the various forms of business. Small businesses, entrepreneurs, and general partnerships are explored. You discuss how a corporation is formed and how it can be financed. Finally, you study limited liability companies and limited partnerships, as well as franchises and special forms of business. This week further introduces you to the concept of alternative dispute resolution as a method for resolving disputes outside traditional litigation. After first looking at the litigation process, you are then introduced to arbitration, negotiation, mediation, conciliation, minitrial, fact-finding, and the use of a judicial referee. The Legal System and the Legal Forms of Business OBJECTIVE: Explain the major components of the legal system. Resources: Ch. 1, 2, & 4 of Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues Content • Ch. 1: Legal Heritage and the Information Age o Introduction to Legal Heritage and the Information Age o What Is Law? • Landmark U.S. Supreme Court Case Brown v. Board of Education o Schools of Jurisprudential Thought • International Law: Immigration to the United States of America o History of American Law • International Law: Adoption of English Common Law in America • International Law: The Civil Law System ...
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...CHOI Attorney at Law Law Office of Paul Young Choi 5900 Sepulveda Blvd., Ste. 303 Sherman Oaks, California 91411 (818) 714-2226 (818) 714-2216 Fax paulchoi@mail.npu.edu Introduction Syllabus Book Attendance Integrity Policy What to expect from the class Functions of Law 1. Keeping the peace (Including making certain activities crimes) 2. Shaping moral standards (e.g., enacting laws that discourage drug and alcohol abuse) 3. Promoting social justice (e.g., enacting statutes that prohibit discrimination in employment) 4. Maintaining the status quo (e.g., passing laws preventing the forceful overthrow of the government) 5. Facilitating orderly change (e.g., passing statutes only after considerable study, debate, and public input) 6. Providing a basis for compromise (approximately 90 percent of all lawsuits are settled prior to trial) 7. Facilitating planning (e.g., well-designed commercial laws allow businesses to plan their activities, allocate their resources, and assess their risks) 8. Maximizing individual freedom (e.g., the rights of freedom of speech, religion, and association granted by the First Amendment to the U.S. Constitution) What is Law? Definition A body of rules of action or conduct prescribed by controlling authority, and having binding legal force. That which must be obeyed and followed by citizens subject to sanctions or legal consequences is a law. Qualities of Good Law What qualities make for good law...
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...were instructed to review the Commerce Powers from chapter two in our text book. There was a case review within the chapter that specifically outlines some of the roles and functions of the law. This case, Cipollone v. Liggett Group, Inc., et al., 505 U.S. 504 (1992), will be referenced through this paper. The basic function and roles of the law in business and society is for the benefits of the people and the protection of their rights. Laws are created to ensure we are safe and protected in all aspects of our lives, both personal and professional. In business, laws are designed to regulate activity at the local, state and federal levels. In case of Cipollone v. Liggett there is discussion of statute and enactment of laws. This case is based on a suit that Cipollone took against the cigarette manufactures, Liggett for the death of his mother. The study states that “Congress chose specifically to regulate a certain type of advertising (tobacco), federal law is supreme to any state law that attempts to regulate that same category of advertising.” (Melvin, 2011, p. 33) The Constitution is broke down into sections and divisions called clauses. There are three main clauses: Commerce clause, the faith and credit clause and the supremacy clause. The commerce clause grants congress the power to regulate trade within nations, states and Indian tribes. The full faith and credit clause mandates each state respect and enforce the judgments, statutes and case law of other states. The...
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...order pad as she waited for my table to finish ordering. She was a nice young girl whom I had been teaching for a few months through a university that provided student visas to people who were pursuing studies in English-as-a-second-language. Part of the requirement, however, was that students only work for the school itself and not obtain jobs outside their academic institution. The next day she came into the class as usual and though I taught her the rest of the semester, we never discussed her secret work life. I knew better than to say anything. One year before (at a different job) an agent from Homeland Security had visited my office. The reason for the visit was that one of our F-1-Visa Students had failed to report to class to class for a month. I didn't have to see the nine-millimeter tucked under her jacket to know that our business had changed since the terrorist attack on the World Trade Center in 2001 The Law and Business: Commerce Powers In a more general way, the role of law in business can be greater appreciated when analyzing the Commerce Clause whose application is wide and profound both in intrastate and interstate commerce. Congress has broad powers to regulate business. These powers are derived from the Commerce Clause. The importance of these powers is so profound that even federal courts are deferential to them in their rulings. (Melvin, 2011) There have been some changes by the Supreme Court in the powers, but they...
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...with the Supremacy Clause, which states “that the federal Constitution, treaties, federal laws, and federal regulations are the supreme law of the land” (Cheeseman, 2010, p.70). With this in mind, the state of Confusion enacted a statute that requires all trucks and towing trailers on its highways to use a B-type hitch that is only manufactured by one manufacturer in Confusion. The statute states that trucks or towing trailers without this hitch must purchase and install the hitch or drive around the state of Confusion. The state of Confusion believes it is within its rights to enact such a statute because the federal government does not regulate the type of hitches on trucks using the nation’s highways. Tanya Trucker, the owner of a trucking company in the state of Denial, believes this statute is unconstitutional because of the additional expenses this statute imposes on her business. She intends to file a suit against the state of Confusion to overturn the statute. The following will examine the suit to determine the court that will have jurisdiction, the constitutionality of the statute, the likely outcome, and the stages of a civil lawsuit. Court Jurisdiction When deciding which court should hear the lawsuit, some might think this is a case where diversity of citizenship must be followed. It should be heard in a court in the state of Confusion because this case involved citizens of different states and Confusion is home to the defendant (in this case, the state). The...
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...| What is Federalism? | Professor Mechelle Smith | | David E. Thomas | 5/25/2015 | | Federalism Federalism is a term that is timeworn, but is quite important in American history due to its lineage and how it affects government-both Federal and State. American Federalism is not a static set of arrangements, frozen in time by the United States Constitution but a dynamic, ever-changing, multi-dimensional process that has economic, administrative and political aspects as well as constitutional ones (Katz, 1997). So, what is Federalism? Federalism is a system that power is distributed between the Federal Government and the States. Years ago, many new Americans were scared because they feared that the new government might turn out to be another form of a monarchy. Also, the small states were quite scared that the larger states would overrule them in this new form of government (Wilson, Dilulio, Bose, 2014). So, when the Constitution was approved, certain provisions were added to the Constitution to ensure a balance between the larger states and the smaller ones (American Government, Wilson, Dilulio, Bose, 2014). As stated earlier, the power between the Federal Government and the State Government is shared. Much of the power the Federal Government has stems directly from the Constitution. The Constitution tells the states pretty much what they can do as well. An example of what the Federal Government can do is...
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...| What is Federalism? | | | | | | Federalism Federalism is a term that is timeworn, but is quite important in American history due to its lineage and how it affects government-both Federal and State. American Federalism is not a static set of arrangements, frozen in time by the United States Constitution but a dynamic, ever-changing, multi-dimensional process that has economic, administrative and political aspects as well as constitutional ones (Katz, 1997). So, what is Federalism? Federalism is a system that power is distributed between the Federal Government and the States. Years ago, many new Americans were scared because they feared that the new government might turn out to be another form of a monarchy. Also, the small states were quite scared that the larger states would overrule them in this new form of government (Wilson, Dilulio, Bose, 2014). So, when the Constitution was approved, certain provisions were added to the Constitution to ensure a balance between the larger states and the smaller ones (American Government, Wilson, Dilulio, Bose, 2014). As stated earlier, the power between the Federal Government and the State Government is shared. Much of the power the Federal Government has stems directly from the Constitution. The Constitution tells the states pretty much what they can do as well. An example of what the Federal Government can do is the ability to print and coin money, as well as the...
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...concerning the delimitation of its frontiers or boundaries. In quotations from the official documents and the jurisprudence of international organizations and tribunals countries are designated as reported. The United Nations holds copyright to this document. The course is also available in electronic format on the UNCTAD website (www.unctad.org). Copies may be downloaded free of charge on the understanding that they will be used for teaching or study and not for a commercial purpose. Appropriate acknowledgement of the source is requested. UNCTAD/EDM/Misc.232/Add.20 Copyright © United Nations, 2003 All rights reserved 5.9 Electronic Arbitration iii TABLE OF CONTENTS Note What you will learn 1. Dispute Resolution Methods in Electronic Commerce 1.1 Introduction 1.2 Advantages of Online Dispute Resolution 1.2.1 Cost-effectiveness 1.2.2 Effectiveness of Solutions, Recommended or Imposed 1.3 Assessing Methods of Online Dispute Resolution 1.3.1 Determining Factors 1.3.2 Consequences of a Decision 1.4 Conclusion…….. 1.5 Case Study 2. Formation of the Electronic Arbitration Agreement 2.1...
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...overturn the statue. Court with Jurisdiction The court that will have jurisdiction over Tanya Trucker’s suit is the federal jurisdiction. The Lectric Law Library states that, “The federal courts also may decide cases for which state courts are inappropriate or might be suspected of partiality. Thus, federal courts may decide, in the language of the Constitution, controversies between two or more states and between a State and Citizen of another State (Lectric Law Library, 2010). Even though this is a state statue, the federal jurisdiction will still have the power to decide if it is valid or not. Confusion Statute Constitutional Under the meaning of Article III, Section 2 of the U.S. Constitution, the lawsuit concerns a “case of controversy.” Even though states have the power to set their own statues, some of them can cause concern and have to be reviewed by higher courts. The state of Confusion is using the simple fact that the trucks have to drive through their state and are gaining from them financially. They are not requiring the B-type hitch to protect the roadways and are solely requiring the hitch to produce extra income. Therefore, the Confusion statute is unconstitutional. What provisions of the U.S. Constitution will be applied In Article 1, Section 8, Clause 3, of the...
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...Constitutional Law Introduction Many people assume that a government acts from a vague position of strength and can enact any regulation it deems necessary or desirable. This chapter emphasizes a different perspective from which to view the law: action taken by the government must come from authority and this authority cannot be exceeded. Neither Congress nor any state may pass a law in conflict with the Constitution. The Constitution is the supreme law in this country. The Constitution is the source of federal power and to sustain the legality of a federal law or action a specific federal power must be found in the Constitution. States have inherent sovereign power—that is, the power to enact legislation that has a reasonable relationship to the welfare of the citizens of that state. The power of the federal government was delegated to it by the states while the power of the states was retained by them when the Constitution was ratified. The Constitution does not expressly give the states the power to regulate, but limits the states’ exercise of powers not delegated to the federal government. Chapter Outline I. The Constitutional Powers of Government Before the U.S. Constitution, the Articles of Confederation defined the central government. A. A Federal Form of Government The U.S. Constitution established a federal form of government, delegating certain powers to the national government. The states retain...
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...have limited jurisdiction to hear cases involving Federal questions and diversity of citizenship as read in Chapter 3. The federal courts have jurisdiction over cases dealing with federal questions which are cases that are under the US Constitution, treaties, federal statutes and regulations. There is no limit on the dollar amount on cases that are assigned to federal court. When it comes onto diversity of citizenship, cases are brought to the attention of thee federal court which is to protect from court bias. Federal Courts has full jurisdiction over cases dealing with federal crimes, antitrust, bankruptcy any suits against the United States. According to Chapter 3 State Courts has jurisdiction over cases that federal court do not have jurisdiction to hear. It usually involves state law. The state of Confusion requires all trucks and towing trailers that use its highway to use a B-type truck hitch. It is manufacturer by only one company in Confusion. In order to drive through Confusion the new statute requires that each truck and or towing trailer uses a B-type truck hitch. Tanya Trucker, is the owner of the trucking company and feels that the new statute is unfair. Tanya wants to sue Confusion for the extra expenses that her company would incur. She feels that it is unconstitutional for the state of Confusion to charge a fee or make any trucking company use a B-Type truck hitch to any state. Tanya’s best bet is to file her case with the federal court due to diversity...
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... A.P US History Court Cases I. Marbury v. Madison a) Issue: i) Judicial v. Executive and Congressional Power ii) Judicial review/separation of powers b) Background: i) 1803 ii) In his last few hours in office, President John Adams made a series of “midnight appointments” to fill as many government posts as possible with Federalists. One of these appointments was William Marbury as a federal justice of the peace. However, Thomas Jefferson took over as President before the appointment was officially given to Marbury. Jefferson, a Republican, instructed Secretary of State James Madison to not deliver the appointment. Marbury sued Madison to get the appointment he felt he deserved. He asked the Court to issue a writ of mandamus, requiring Madison to deliver the appointment. The Judiciary Act, passed by Congress in 1789, permitted the Supreme Court of the United States to issue such a writ iii) Supreme Court must decide constitutionality of Judiciary Act c) Decision: i) John Marshall declares Judiciary Act unconstitutional ii) The Supreme Court has the right of judiciary review d) Significance: i) Impact of Marshall Court ii) Strengthened the judiciary in relation to other branches of government iii) Allows Supreme Court to interpret the Constitution and declare laws unconstitutional II. McCulloch v. Maryland a) Issue: i) Supremacy v. State Rights ii) Elastic Clause iii) Whether the state...
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...Resolution – Clause for Learning Team José M. Santana Ortiz LAW 531 February 12, 2014 Prof. Israel Camacho- Alicea Alternative Dispute Resolution – Clause for Learning Team Alternative Dispute Resolution means the form and manner to handle a conflict or disputed. Typically Alternative Dispute Resolution has seven parts or segments, Negotiation, Arbitration, Mediation, conciliation, mini-trial, fact finding and Judicial referee. But the most used of these or more common is Arbitration. Negotiation is the first step to resolving a dispute into the parties. Alternative Dispute Resolution is the economic way before reaching to the court to start a legal process. According to Cheeseman (2010) Arbitration is a form of Alternative Dispute Resolution in which the parties choose an impartial third party to hear and decide the dispute (p.44). To resolve problems or conflicts in our Learning Team will use negotiation. Is important hear all components of the Learning Team to reach an agreement. This is the first step to growth like a team. The trust we have with each other is essential part to complete and achieve our goals. If the problem persists is time to take another action to reach an agreement. In this case a consulting by Learning Team with the instructor is recommended. Points will be discussed with the instructor to discuss and we suggest a possible solution or agreement to the problem or dispute requested. According to Cheeseman (2010) Arbitration clause in a contract...
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...Real Property Boundaries Along Bodies of Water Rivers have been used as boundaries at least as long as civilizations have recorded their history. It is likely that before recorded history, nomadic tribes were bound by waterways. Historically, civilizations have developed on the banks of the world’s rivers for several basic reasons. Rivers create a natural defense against invasion, as well as a source of sustenance and commerce. The primary disadvantage is that a river tends to change its course. Either gradually, through erosion, reliction, and gradual accretion, or by avulsion, violently breaking through one of its banks, creating a new arm at some distance from its previous bed (1). The communities within the river valleys of the Euphrates, Tigris, Indus and Yellow, may have witnessed the first issues concerning shifting boundaries along waterways. While the laws that govern the United States are derived primarily from the common law of England, the solutions that governing bodies have arrived at concerning these shifting boundaries may be rooted along the banks of the Tiberis River of Ancient Rome. Drawing on Roman private property law and continuing through medieval and modern legal practice, common law jurisprudence and legal scholarship developed a distinction between the two processes of accretion and avulsion in order to mediate problems over a shifting river boundaries (2). Although there are references to the issues surrounding the topics contained within this...
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