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