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The three fundamental concepts of the American legal system are:

  • The presumption of innocence until proven guilty
  • The right of non-self incrimination
  • The right to be judged by a jury of peers
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9y ago
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9y ago

In today's current environment, the concept of business law is quite important. Many aspects of law have an effect on decisions made by corporations, and the textbook touches on several. Some of these include: The impact of the First Amendment on businesses, the contract clause, and equal protection.

While the First Amendment states that Congress should not make any laws abridging the freedom of speech, it does not set restrictions on other laws that may impact "free speech".The authors also mention that a lower level of restrictions on speech allow for a greater exchange of ideas, which would likely be beneficial. The text also makes a distinction between commercial and noncommercial speech, which often receive different levels of protection. As an example from the current news, credit-rating shops have been sued after large investor losses in securities. While it used to be accepted that credit rating was protected by free speech, many are arguing that it is no more than sales advertisements. Experts have noted that "to get around the Constitution, judges have ruled, a plaintiff suing a rating agency would have to show that a firm not only made false statements, but also did so with "actual malice" - a high legal hurdle".

The contract clause is basically a provision that holds in check state regulation on businesses. As an example, if a company has arranged a certain charge or payback by contract, a state cannot pass legislation that would interfere with what has been agreed upon. With the help of the contract clause, a state is free to draft measures "without having to be concerned that private contracts will be affected". Used correctly, this can help to counteract the possibility of extreme price levels , and in all but the most rare cases will uphold a State's own "contracts, charters, and grants".

Equal Protection is the guarantee that the state or federal government must allow equal protection of the laws to all people. Precedent has been set that any law infringing on a person's fundamental rights must be reviewed more carefully. A recent example of equal protection came in 2008 when the Supreme Court decided a case from Indiana. A law in Indiana required voters to have photo ID to be allowed to vote. Those who disagreed argued that the burden would be too great on low-income and elderly citizens, thus not granting them equal protection. The Supreme Court ultimately decided to allow Indiana's law to stand.

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10y ago

Equal Justice-The goal of our legal system to treat all persons alike regardless of wealth, social status, ethnic group, gender or age.

Due Process-The legal system must follow constitutional procedures in trials and legal actions against individuals suspected of crimes.

Adversary system-the courtroom is an area in which lawyers for the opposing sides present their strongest and best case to the judge and jury.

Presumption of Innocence-A person is considered to be innocent until proven guilty in a court of law.

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14y ago

1. US District Court
2. Court of Appeals
3. Supreme Court

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Q: What are three fundamental concepts and principles of the American legal system?
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