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Sources of Law

Constitution, Statutes, Treaties, Ordinances, Regulations, Common/Case Law.

Central Hudson Test (Commercial Speech)

Determines if commercial speech is protected: legal, advances government interest, not overly broad.

Intellectual Property

Trademark: 

 Protects brands (distinctive mark, word, logo). Protected under the Lanham Act.

Stages of Litigation

Complaint

Summons

Answer

Discovery

Trial

Appeal

Personal Jurisdiction: 

 Court’s power over people or property in the state.

Equal Protection (14th Amendment)

Prevents states from denying equal protection; different levels of scrutiny (strict, intermediate, rational).

Subject Matter Jurisdiction: 

 Court’s power over the type of case.

Sole Proprietorship: 

One owner, unlimited liability.

Venue: 

Location where the case is heard.

General Partnership: 

Two or more owners, unlimited liability.

Corporation:

 Separate legal entity, limited liability, double taxation unless it's an S Corp.

Alternative Dispute Resolution (ADR)

Negotiation, Mediation, Arbitration (private resolution methods to avoid court).

Legal System

Ensures order and justice through rules.

Law

Set of rules that maintain order and justice in society.

Classifications of Law

Federal vs. State, Common vs. Statutory, Civil vs. Criminal, Substantive vs. Procedural.

Patent:

 Protects inventions for 20 years.

LLC: 

Limited liability, taxed like a partnership, flexible ownership.

Copyright: 

 Protects creative works for the life of the creator + 70 years. Fair use allows limited use.

Limited Partnership: 

 General partner (controls, unlimited liability) + limited partner (limited liability).

legal system Purpose

Achieve justice, protect rights, and facilitate business.

Due Process (5th Amendment)

Protects life, liberty, property; requires fair legal process.

Commerce Clause

Gives Congress power to regulate interstate and international commerce.

Trade Secret: 

 Competitive business info; protection requires proving infringement conditions.

Legal Systems

Needs: 

Reasonable, definite, flexible, practical, published, final

First Amendment

Protects freedom of speech, religion, press, assembly, and petition.