BUSINESS LAW

1ST Amendment

Freedom of Speech and Freedom of Religion, which prohibits Congress from making laws that infringe on individual rights to express opinions and practice religion.

2ND Amendment

The right to bear arms, which protects the individual's right to possess weapons and authorizes a well-regulated militia.

3RD Amendment

Restrictions on quartering troops in private homes during peacetime, protecting citizens' privacy and property rights.

4TH Amendment

Protection against unreasonable searches and seizures, requiring law enforcement to obtain a warrant based on probable cause.

5TH Amendment

Protects against self-incrimination and double jeopardy, ensures due process of law, and mandates just compensation for Takings.

6TH Amendment

Guarantees the right to a speedy and public trial, an impartial jury, and the right to counsel in criminal prosecutions.

7TH Amendment

Guarantees the right to a jury trial in civil cases and prohibits re-examination of facts tried by a jury.

8TH Amendment

Prohibits excessive bail and fines, and cruel and unusual punishments.

9TH Amendment

Recognizes that the enumeration of certain rights in the Constitution does not deny or disparage others retained by the people.

10TH Amendment

Affirms that powers not delegated to the federal government nor prohibited to the states are reserved to the states or the people.

Kuen v. Pub Zone

A legal case involving issues of property rights and zoning regulations in the context of business operations.

Del Lago Partners, Inc v. Smith

A legal case addressing issues related to corporate governance and fiduciary duties in business partnerships.

Joint and Several

Fuedal England, “Jointly Liable”, everyone involved, collectively responsible for the obligations or debts incurred, allowing a creditor to recover the entire amount from any one of the parties.

Checks and Balances

Executive- Enforce Laws, Judicial- Interpret laws and their validity, Legislative- create new laws, Congress can impeach president, President appoints judges to federal courts

Common Law

A system of law based on precedent and court decisions rather than statutory laws, evolving through judicial rulings.

Civil Law

French legal system, only used by Louisiana,the United States. It is based on written codes and statutes, rather than case law.

Stare Decisis

The legal principle that requires courts to follow precedents established in previous cases, ensuring consistency and stability in the law.

Good Samaritan Law

A legal principle that protects individuals from liability when they voluntarily provide assistance to those who are injured or in danger, as long as their actions are reasonable and intended to help.

Stuatory Law

Laws enacted by a legislative body, as opposed to common law or case law. Signed by Governor or President

4th branch

Administrative Branches, ICE, IRS, and other regulatory agencies that operate under the authority of the executive branch, enabling government functions without direct legislative oversight.

Duces Tecum

Subpoena to appear

Chevron Doctrine

A principle of administrative law that compels courts to defer to agency interpretations of statutes that they administer, provided the statute is ambiguous and the agency's interpretation is reasonable.

Mens Rea

Criminal mind, Criminal intent

FOIA

Freedom of Information Act that allows the public to request access to records from any federal agency.

Lindsey Clancy

A woman involved in a notable legal case regarding mental health, charged with the murder of her three children.

Tarasoff v. Regents of the University of California

A landmark legal case establishing the duty of mental health professionals to warn potential victims of harm.

Griggs v Duke Power

A significant Supreme Court case that ruled employment discrimination practices that had a disparate impact on minority groups violate Title VII of the Civil Rights Act.

United States v. Briswell

A legal case where the Supreme Court addressed issues surrounding the application of federal sentencing guidelines and the rights of defendants.

Loper Bright Enterprises v. Gina Raimondo, Secretary of Commerce, et al., 603
US 369, U.S. Supreme Court, 2024

was a case concerning the interpretation of geographical limitations in fishing regulations and the scope of agency authority.

American Civil Liberties Union v. United States Department of Justice, 2016 U.S.
App. LEXIS 7308, 2016 WL 1657953, U.S. Court of Appeals, District of Columbia
Circuit, 2016

A case addressing the transparency of government actions and the balance between national security and public access to information under the Freedom of Information Act.

Kennedy v. Louisiana, 554 U.S. 407, U.S. Supreme Court, 2008

A landmark case where the Supreme Court ruled that the death penalty is unconstitutional for crimes against individuals that do not involve murder, emphasizing the gravity of capital punishment.

Brandenburg v. State of Ohio, 395 U.S. 444, U.S. Supreme Court, 1969

was a significant Supreme Court case that established the standard for determining when speech can be restricted, protecting inflammatory speech unless it incites imminent lawless action.

Kelo v. City of New London, Connecticut, 545 U.S. 469, U.S. Supreme Court,
2005

A Supreme Court case that upheld the use of eminent domain for economic development, ruling that the government could take private property for public use, which includes private development projects.

Students for Fair Admissions, Inc. v. President and Fellows of Harvard College
and the University of North Carolina, 143 S.Ct. 2141, U.S. Supreme Court, 2023

A landmark Supreme Court case addressing affirmative action in college admissions, ruling that race-based admissions policies violate the Equal Protection Clause of the Fourteenth Amendment.

Obergefell v. Hodges, 134 S. Ct. 2584, U.S. Supreme Court, 2015

A landmark Supreme Court case that legalized same-sex marriage across the United States, ruling that state bans on same-sex marriage violated the Constitution's guarantees of equal protection and due process.

Supremacy Clause

The Supremacy Clause is a constitutional provision that establishes that federal law takes precedence over state laws and constitutions, ensuring that federal statutes and treaties are the supreme law of the land.

death penalty

only for homicide and treason, no one has been punished for treason since the 1700’s