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Power and authority and can check or balance the

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power and authority, and can check or balance the power exercised by other branches d.i)To prevent any one branch of government from having too much power (d.i.1) Example: ability for president veto power or Congress overrides a veto etc. e) Federal Jurisdiction – courts that are created by the Constitution or laws passed by Congress have federal jurisdiction. Include: e.i) U.S. Supreme Court, U.S. Court of Appeals and Federal District Courts f) Administrative Agencies – power is executive in nature, hold hearings and decide disputes f.i) Governed by different statues, they do not have power of judicial review, to declare acts of government unconstitutional (f.i.1) Quasi-legislative powers (f.i.2) Quasi- Judicial powers Bill of Rights – first 10 Amendments to the constitution (total of 27 amendments to the constitution) g) Aimed at protecting citizens from government h) Prohibits government from intruding on freedom of speech i) Freedom of religion j) Right to be free from cruel and unusual punishment k) Right to jury trial k.i)Originally only applied to federal government, now most extended to state l) Remaining amendments cover slavery, the right for women to vote, limiting the president to 2 terms m) 2 nd Amendment states that “the right of people to keep and bear Arms shall not be infringed” 10) State Constitutions and Statutes a) Federalism “states and federal government share the power of governing” a.i) Every state has 3 branches of government a.ii) A constitution a.iii) Autonomy to govern affairs of their citizens (a.iii.1) 10 th amendment to the constitution – All powers not granted to the federal government are reserved to the States or the People (a.iii.1.a) Example : commerce within the states 11) Article IV of the Constitution - Supremacy Clause a) Laws made in pursuit of the Constitution, and all U.S. treaties shall be the “supreme law of the land’ a.i) Supremacy Clause – means that the state constitutions and statues cannot violate the federal constitution or federal law 12) Local Laws – Ordinances a) Laws passed by city councils, or county boards a.i) Aimed at addressing local matters
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BUSINESS LAW - CLEP 13) Uniform Laws a) Laws adopted by more than 1 state - established by a group of experts seeking to harmonize the laws of various states a.i) Creates basic consistency among state law on various topics a.ii) States can and often do alter the law once adopted, so still vary from state to state a.iii) States can adopt the law in whole or part b) Uniform Commercial Code – UCC – concerns legal contracts and their enforcement (b.i.1) most prominent uniform law (b.i.2) law allows a businessman who operates in several states to have general consistency regarding commercial law b.ii) Legislation concerning aspects of commercial law b.iii) Adopted by all states EXCEPT Louisiana c) Warranty of Title – implied warranty - the sale of c.i) guarantees 3 things (c.i.1) Seller owns the goods (didn’t steal them) (c.i.2) Goods are free of lien (c.i.3) Goods of patent, trademark, or copyright claims c.ii)
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