Chapter 2 - Legal Environment of Business Chapter 2...

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Business Law and the Regulation of Business
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Chapter 3 / Exercise 01
Business Law and the Regulation of Business
Mann/Roberts
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Legal Environment of Business Chapter 2: Business and the Constitution 1. Structure and nature of the constitution: federal powers a. federal system : the constitution establishes a federal form of government, sets forth expressed powers that can be exercised by the national government, provides implied powers to undertake the expressly stated powers, and reserves all other powers (generally referred to as police powers) to the states under the Tenth Amendment 1. broad array of powers are reserved to the states to permit them to protect or promote the public order, health, safety, morals and general welfare b. functions of the constitution : the constitution: 1. establishes the structure of the federal government (including qualifications for certain government offices) and rules for amending the constitution; 2. grants specific powers for the three branches of government; and 3. provides procedural protections for U.S. citizens from wrongful government action c. structure of the constitution : the constitution consists of a preamble, seven articles, and 27 amendments; the preamble states the Constitution’s broad objectives, and articles I, II and III establish the three branches of government
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Business Law and the Regulation of Business
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Chapter 3 / Exercise 01
Business Law and the Regulation of Business
Mann/Roberts
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d. amendments : the constitution has been amended 27 times, and the first ten amendments, called the Bill of Rights, were added in 1791 to preserve the rights of individuals and businesses from unlawful acts of government officials Amendment Protections Guaranteed First Guarantees the freedoms of religion, speech, and the press and the right to assemble peaceably and to petition the government Second Guarantees that the right of the people to keep and bear arms shall not be infringed Third Prohibits, in peacetime, the lodging of soldiers in any house without the owner’s consent Fourth Prohibits unreasonable searches and seizures of persons or property Fifth Guarantees the rights to indictment by grand jury, to due process of law, and to fair payment when private property is taken for public use; prohibits compulsory self-incrimination and double jeopardy (being tried again for an alleged crime for which one has already stood trial) Sixth Guarantees the accused in a criminal case the right to a speedy and public trial by an impartial jury and with counsel and to cross-examine witnesses against him or her and to solicit testimony from witnesses in his or her favor. Seventh Guarantees the right to a trial by jury in a civil case. Eighth Prohibits excessive bail and fines, as well as cruel and unusual punishment. Ninth Establishes that people have rights in addition to those specified in the Constitution. Tenth Establishes that those powers neither delegated to the federal government nor denied to the states are reserved to the states and to the people.

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