Regulation will be upheld if related to legitimate

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Regulation will be upheld if related to legitimate government interest (e.i.3.b) Government must offer a 27) Criminal Law – addresses the crimes and punishment of behavior of individuals, crimes against society and the hence the state 28) Civil Law – law that regulates relationships between parties 29) Employment Law – laws, statutes, regulations, and case law designed to foster workplace which is safe, protect workers from discrimination in the workplace 30) Levels of Federal Courts a) Trial court court of original jurisdiction a.i) First court to consider action, where parties present evidence, where the trial occurs a.ii) 94 district courts in the U.S., at least 1 in every state b) Appeals or appellate court – court of appellate jurisdiction c) The power to review decisions of the lower court, limited to reviewing, affirming, revising, or modifying decisions of lower courts c.i) Only reverse or set aside the lower court’s decision if it reflects clear abuse of discretion, or improper or unconstitutional application of law (c.i.1) Remand – when a decision is reversed or set aside (c.i.1.a) The appellant court sends the case back to the lower court for a new trial
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BUSINESS LAW - CLEP d) Do not conduct trials d.i)When a party appeals the district court’s decision, they bring an appeal to the Federal Circuit court of Appeals or to the federal Court of appeals (d.i.1) A party is allowed 1 st appeal as a matter of right (d.i.2) There are 12 federal appeals courts based on geographic area d.ii) To appeal the Federal Circuit court decision one must file an appeal to the U.S. Supreme Court (d.ii.1) By filing a Writ of Certiorari (d.ii.1.a) 4 of 9 judges must agree to hear case to grant writ of certiorari (d.ii.1.a.i) Most cases are not heard and the writ of certiorari is denied. (d.ii.1.b) If the writ of certiorari is granted and a decision is issued the decision is final as it is the highest court in the land. (d.ii.1.c) U.S. Supreme court has the power to review decisions from federal circuit courts as well as state supreme courts (unlike state supreme courts) (d.ii.1.c.i) Also they can be the court of Original Jurisdiction to hear certain cases: d.ii.1.c.i.1. Between 2 or more states d.ii.1.c.i.2. Between state and federal government d.ii.1.c.i.3. Involving officials of foreign countries d.ii.1.c.i.4. State against citizens of another state or country (d.ii.1.c.ii) Give deference to decisions of fact and only overturn clearly erroneous decisions (d.ii.1.c.iii) De Novo – means entirely new and does not differ to the lower courts judgment d.ii.1.c.iii.1. the supreme courts review of decisions involving interpretation of legal rules (d.ii.2) There are other federal courts that focus on a particular subject: federal tax courts, federal bankruptcy courts, etc. (d.ii.3)
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Regulation will be upheld if related to legitimate...

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