Business Law Test 1

Congress enacts the laws, the Courts enforce the laws and interpret the laws.

If a state creates a law that goes against the federal law, who can enforce it? No one. Federal law trumps state law this is called what? The supremacy clause.

The primary forces of law are the state codes. Secondary sources of law are inside legal journals and legal encyclopedias.

We enforce modern remedies. What are remedies? A way to recover a right or to redress a wrong.

What is an injunction? Is the way to stop someone from doing something.

What does our legal system offer? Damages which are considered normal. It’s normal for the courts to agree to award damages.

The US Supreme Court has the highest court and nine judges. The judges have to issue a majority opinion on their decision. The minority writes a descending opinion that states that they disagree with the other judges.

Where are these descending opinions published? Published in reporters.

If a court is going to review a statute that think is unlawful. Must review the code in due process. Due process means that we are reviewing it fairly.

First amendment: freedom of speech, press, and religion. Can you write an article on your religion? Yes.

What types of speech are protected? If it is true, if you say it in the court, political corporate speech. Protected speech means you can’t be sued for defamation.

Utah enacts a statute that says you can’t have any advertisement in bad taste, is that allowed? No that would be a restriction of speech.

What does congress do? Congress enacts the laws.

Political speech is protected, meaning you can’t be sued for defamation.

What is the 4th amendment? It protects against unreasonable searches and seizures.

Can congress spend revenue? Yes, if they want to promote an objective that congress deems worthwhile.

If the state of Utah regulates activities to promote the public health, order, and safety what would these be? Police powers. Every state has its own police...