Business Law - In-Class Notes: Chs. 1-4

Sources of business law

- Constitutions
- Statutes
- Cases
- Administrative Law
- Treaties
- Executive Orders

Schools of Legal Interpretation

- Natural Law
- Legal Positivism
- Identification with the Vulnerable
- Historical School (Tradition)
- Legal Realism
- Cost-benefit Analysis

WPH Framework

- Who
- Purpose
- How

Types of Jurisdiction

- Original jurisdiction
- Appellate jurisdiction
- In personam jurisdiction
- In rem jurisdiction
- Federal jurisdiction
- State jurisdiction
- Concurrent jurisdiction

Nerve Center Test

Where the corporation's high level officers, DIRECT, CONTROL and COORDINATE the corporation's activities

Threshold Requirements for Litigation

- Standing (to sue)
- Case or Controversy (Justifiable Controversy)

Primary forms of ADR

- Negotiation
- Mediation
- Arbitration

Enabling legislation

A statute that specifies the name, functions, and specific powers of an administrative agency and grants the agency broad powers for the purpose of serving the public interest, convenience, and necessity; ICC was the first to use this

Administrative Functions

1. Rule Making
2. Investigation
3. Adjudication

Types of Administrative Agencies

- Executive Agency
- Independent Agency
- Hybrid Agency

Administrative Rule-making

- Informal
- Formal
- Hybrid
- Exempted

Limitations on Agency Powers

- Political
- Statutory
- Judicial
- Informational

Other Constitutional Restrictions on Government

- Privileges and Immunities Clause
- Full Faith and Credit Clause
- Contract Clause

Lemon Test

1. The statute must have a secular legislative purpose
2. Its principal or primary effect must be one that neither advances nor inhibits religion
3. Finally, the statute must not foster "an excessive government entanglement with religion"
Formulated by Ch

Violations of Scrutiny

Determines if what the government is doing is unconstitutional
1. Strict scrutiny
2. Intermediate scrutiny
3. Rational scrutiny