Exam I Flashcards
1
Q
Classifications of Law:
A
- Substantive and procedural
- Public and private
- Civil and criminal
2
Q
Articles I and IV
A
-Allow the government to make statutes
- Article I
- -Section VIII:
- —Protects both enumerated and implied powers
- —Necessary and proper clause
- —Protects the government’s right to regulate interstate commerce, and all that impacts it
3
Q
Article III
A
-Common law (aka judge-made, decisional) relies on “stare decisis,” which is a system of precedent
4
Q
Article VI
A
-Supremacy clause
5
Q
Bill of Rights
A
- First amendment
- -Protects the freedom of:
- —Religion
- —Speech
- —The press
- —Assembly
- —Association
- Fourth amendment
- -Search and seizure
- Fifth amendment
- -Protects the right to life, liberty, and property through the following:
- —Due process (You have to be given notice if your right to life, liberty, or property is being affected by the government.)
- —Equal protection
- —Double jeopardy (Protects against self-incrimination)
- —Imminent domain (Pay just compensation)
- Tenth amendment
- -Reserved powers clause
6
Q
Three Types of Rules and Methods
A
- Types:
- -Legislative
- -Interpretive
- -Procedural
- Rulemaking methods:
- -Informally
- -Formally
- -Hybrid
7
Q
Powers of Agencies
A
- The primary function of agencies is to make rules
- -Agencies are therefore kinda like a mini-government, but none of the members were elected
- Restrictions:
- -Legislative budget power
- -Executive appointment power
- -Judicial review of decisions
- -Freedom of information act
- -Administrative Procedures Act
8
Q
Equal Pay Act (1963)
A
-Holds that employers could not discriminate based on gender in the payment of wages
- Exemptions:
- -Merit
- -Seniority
- -Quantity/Quality of production
- -Any factor other than gender
- Defenses:
- -Merit
- -Seniority
- -BFOQ (cannot be race)
- -Skills and aptitude test
9
Q
Employment at Will Exemptions
A
- Race
- Color
- Creed
- Sex
- National Origin
- Later additions:
- -Age (1968)
- -Pregnancy (1975)
- -Disabled (1990)
- Public Policy Exceptions:
- -Whistle-blowing: turning employer in for doing something illegal
- -Refusing to commit an illegal act
- -Performing a public duty (ex: jury service, National Guard, etc.)
- -Exercising a public right (ex: right to protest)
10
Q
Types of Contracts
A
- Express: stated, signed, can fire you but that would be a breach of contract
- Implied: employee handbook
11
Q
Labor Laws
A
- Norris–La Guardia Act (1952)
- -Anti-Injunction Bill
- -First federal law to address labor conditions
- -Outlawed yellow dog contract
- Wegner Act (National Labor Relations Act)
- -Created the NLRB (National Labor Relations Board)
- -Allowed workers to join, assist, and promote unions
- Taft-Harvey Act (Labor Management Relations Act)
- -Put brakes on union expansion
- -Outlawed certain types of strikes:
- —Violent
- —Secondary
- —Wildcat
- -Also outlawed union/closed shops, in which employees were forced to join unions
- -Allowed states to elect “right to work” laws (allowed states to opt out of labor union picture)
12
Q
Fair Labor Standards Act
A
- Governs the following:
- -Overtime
- -Child labor
- -Minimum wage
13
Q
Key Federal Agencies
A
- EEOC
- NLRD
- Department of Labor
- OSHA (protects safety of workers)
14
Q
Monopoly Defense
A
- Patent
- -7-20 years
- Copyright
- -Life of the author and 70 years
- Trademarking
- -10 years
-The unauthorized use of something under the above protections is considered infringement.
15
Q
CCPA
A
- TILA (Truth in Lending Act)
- -Consumer protection act that requires true information be disclosed to consumers in consumer law
- -Federal Trade Commission enforced these rules
- -Regulation Z: set forth information that must be provided to consumer, and coined the term APR (annual percentage rate; true rate of interest)
- ECOA (Equal Credit Opportunity Act)
- -No discrimination based on the following:
- —Race
- —Color
- —Creed
- —Sex
- —-National origin
- —Age
- —Marital status
- EPA (Environmental Protection Agency)
- -National Environmental Policy Act (NEPA)
- -CERCLA (Comprehensive Environmental Response, Compensation, and Liability Act)
- -Administers these, as well as the Clean Water/Air Act, etc.
16
Q
Sherman Antitrust Act
A
- Section I:
- -Every contract, combination, and conspiracy in the restraint of trade is illegal
- -All involve collusion, concerted activity
- -Must involve two or more parties
- Section II:
- -Monopolization, and attempts to monopolize, are illegal
- -Involves one party
17
Q
“Bad” Things Underneath the Sherman Antitrust Act
A
- Horizontal price fixing
- Horizontal market division or allocation
- Horizontal tying arrangements
- Horizontal group boycott
- Horizontal merger
18
Q
Things Later Covered by the Robinson/Patman and/or the Clayton Act
A
- Robinson/Patman
- -Price discrimination
- -Gave new test to determine legality
- Clayton
- -Price discrimination
- -EDA
- -TA
- -Mergers
19
Q
Defenses Against Monopolization
A
- Superior products
- Business acumen
- Historical accident
20
Q
Difference Between 1933 and 1934 Acts
A
- 1933:
- -Disclosure statute requiring true and accurate information, prospectus, items and answers
- 1934:
- -Created SEC to accept registrations; required periodical reports (10K, 10Q, and 8K)
- -Punishes for violation of Truth in Securities Act
