Business Law Chapter 3 and 4 Outline
Chapter 3 & 4 Outline:
Chapter 3: Jurisdiction
Chapter 4: Alternative Dispute Resolution
Chapter 3: Jurisdiction
Equal Protection
14th Amendment of US Constitution
Nor deny any person within its jurisdiction the equal protection of the laws
2009 Iowa Supreme Court Case
Matter of equal protection under the law
Check & Balances of 3 branches of government
Judiciary checking legislative’s power
ISSUE: State statues definition of “marriage” -limiting it to man & woman. Unconstitutional as it bars equal protection
PROCEDURAL HISTORY: Plaintiff filed motion for summary judgment and district court affirmed, finding state statue unconstitutional. Defendant appealed
Equal Protection…, (cont’d from above)
The law must treat equally all similarly situated people.
Heterosexuals and homosexuals - “similarly situated?” = committed, loving relationships
Rational basis test: - plaintiff has the burden to prove that it is unconstitutional
Defendant’s “rational basis”: Man - woman marriage definition is constitutional & best for society because:
Provides stable child-rearing
Conserves states resources - state taxing returns
Promotes concept/integrity of traditional nation of marriage
Plaintiff’s rebuttal:
Same-sex couples provide stable child-rearing
Many married heterosexuals file separate tax returns…so state will not be “robbed”
Cannot use religion to justify law
Protect free exercise of religion
**Supreme Court affirmed lower courts holding that this is unconstitutional. Defendants can still appeal from state to supreme court.
Jurisdiction
A courts power and authority over a matter
Two types required before court can hear case:
Personal (power over the people/property)
Subject matter (power over dispute)
“Personal jurisdiction”
Power over person
Obtained through personal service of summons upon him/her while in state where lawsuit is commenced.
Substituted service for corporations
Registered agent; International Shoe
Chapter 3: Jurisdiction
Chapter 4: Alternative Dispute Resolution
Chapter 3: Jurisdiction
Equal Protection
14th Amendment of US Constitution
Nor deny any person within its jurisdiction the equal protection of the laws
2009 Iowa Supreme Court Case
Matter of equal protection under the law
Check & Balances of 3 branches of government
Judiciary checking legislative’s power
ISSUE: State statues definition of “marriage” -limiting it to man & woman. Unconstitutional as it bars equal protection
PROCEDURAL HISTORY: Plaintiff filed motion for summary judgment and district court affirmed, finding state statue unconstitutional. Defendant appealed
Equal Protection…, (cont’d from above)
The law must treat equally all similarly situated people.
Heterosexuals and homosexuals - “similarly situated?” = committed, loving relationships
Rational basis test: - plaintiff has the burden to prove that it is unconstitutional
Defendant’s “rational basis”: Man - woman marriage definition is constitutional & best for society because:
Provides stable child-rearing
Conserves states resources - state taxing returns
Promotes concept/integrity of traditional nation of marriage
Plaintiff’s rebuttal:
Same-sex couples provide stable child-rearing
Many married heterosexuals file separate tax returns…so state will not be “robbed”
Cannot use religion to justify law
Protect free exercise of religion
**Supreme Court affirmed lower courts holding that this is unconstitutional. Defendants can still appeal from state to supreme court.
Jurisdiction
A courts power and authority over a matter
Two types required before court can hear case:
Personal (power over the people/property)
Subject matter (power over dispute)
“Personal jurisdiction”
Power over person
Obtained through personal service of summons upon him/her while in state where lawsuit is commenced.
Substituted service for corporations
Registered agent; International Shoe