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Business Law > Chapter 4: constitutional law for business and e-commerce > Flashcards

Chapter 4: constitutional law for business and e-commerce Flashcards

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1
Q

Declaration of Independence

A

document that declared the american colonies independence from England

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2
Q

Constitutional Convention

A

convened in Philadelphia in May 1787

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3
Q

US Constitution

A

fundamental law of the US (ratified by the states in 1788) serves two major functions:

  1. creates three branches of government
  2. protects individual rights
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4
Q

Federalism

A

the US form of government in which the federal government and the 50 states shared power

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5
Q

Enumerated Powers

A

certain powers delegated to the federal government by the states

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6
Q

Reserved Powers

A

any powers that are not specifically delegated to the federal government by the constitution are reserved to the state governments

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7
Q

Article I

A

establishes legislative branch (congress [house of representatives and senate]); the part of US government that makes federal laws

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8
Q

Article II

A

establishes executive branch (president and vice president); the part of the US government that enforces the federal law

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9
Q

Article III

A

establishes the judicial branch (supreme court and other federal courts); the part of the US government that interprets the law

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10
Q

Checks and Balances

A

a system built into the US Constitution to prevent and one of the 3 branches of the government from becoming too powerful

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11
Q

Supremacy Clause

A

a clause of the US Constitution that establishes the US constitution and federal treaties, laws, and regulations are the supreme law of the land

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12
Q

Preemption Doctrine

A

a doctrine that provides that federal law takes precedence over state or local law

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13
Q

Commerce Clause

A

a clause of the US constitution that grants congress the power to regulate commerce with foreign nations, and among the several, states and with indian tribes

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14
Q

Types of Commerce that the US regulates

A
  1. commerce with native tribes
  2. foreign commerce
  3. interstate commerce
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15
Q

Indian Gaming Regulatory Act

A

a federal statute that establishes the requirements for conducting casino gambling and other gaming activities on tribal land

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16
Q

Foreign Commerce

A

commerce with foreign nations the commerce cause grants the federal government the authority to regulate foreign commerce

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17
Q

Interstate Commerce

A

commerce that moves between states or that affects commerce between states

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18
Q

Police Power

A

power that permits states and local governments to enact laws to protect or promote the public health, safety, morals, and general welfare

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19
Q

Dormant Commerce Clause

A

a situation in which the federal government has the commerce clause power to regulate an area of commerce but has chosen not to regulate that area of commerce

20
Q

Unduly Burdening Interstate Commerce

A

a concept that says states may enact laws that protect or promote the public health, safety, morals, and general welfare (as long as the laws do not unduly burden interstate commerce)

21
Q

Bill of Rights

A

the first 10 amendments to the constitution that were added to the US constitution in the 1791

22
Q

Types of Freedom of Speech

A
  1. fully protected
  2. limited protected
  3. unprotect
23
Q

Fully Protected Speech

A

speech that cannot be prohibited or regulated by the government

24
Q

Limited Protected Speech

A

speech that the government may not prohibit but that is subject to time, place, and manner restriction
Two forms:
1. offensive speech
2. commercial speech

25
Q

Offensive Speech

A

speech that is offensive to many members of society; it is subject to place, time, and manner restrictions

26
Q

Commercial Speech

A

speech used by businesses (such as advertising); it is subject to time, place, and manner restrictions

27
Q

Unprotected Speech

A

speech that is not protected by the 1st amendment and may be forbidden by government

28
Q

Types of Unprotected Speech

A
  1. dangerous speech
  2. fighting words that are likely to provoke a hostile or violent response from an average person
  3. speech that invokes the violent or revolutionary overthrow of the government
  4. defamatory language (dead cannot be defamed)
  5. child pornography
  6. obscene speech
29
Q

Obscene Speech

A

speech that appeals to the prurient interest, depicts sexual conduct in a patently offensive way, and lacks serious literary, artistic, political, or scientific value

30
Q

Bonofied

A

in good faith (religion); religions are recognized by the Supreme Court

31
Q

Establishment Clause

A

a clause of the first amendment that prohibits the governments from either establish a state religion or promoting one religion over another

32
Q

Free Exercise Clause

A

prohibits governments from interfering with the free exercise of religion of the US

33
Q

14th Amendment

A

an amendment added to the US Constitutions in 1868 that contains the Due Process, Equal Protection and Privileges, and Immunities Clauses

34
Q

Equal Protection Clause

A

a clause that provides that a state cannot “deny any persons within its jurisdiction the equal protection of the law”

35
Q

Strict Scrutiny Test

A

a test that is applied to classification based on race

36
Q

Intermediate Scrutiny Test

A

a test is applied to classification base on protected classes other than

37
Q

Rational Basis Test

A

a test that is applied to classifications not involving a suspect or protected class

38
Q

Due Process Clause

A

a clause that provides that no person shall be deprived of “life, liberty, or property”

39
Q

5th Amendment

A

applies to federal government action

40
Q

14th Amendment

A

applies to state and local government action

41
Q

Substantive Process

A

a category of due process that requires that government statutes, ordinances, regulations, or other laws be clear on their face and not overly broad in scope

basic fairness, something reasonable person would find fair; fundamentally fair

42
Q

Void for Vagueness

A

laws that do not meet test of substantive process

43
Q

Procedural Due Process

A

a category of due process that requires that the government give a person proper notice and hearing of the legal action before the person is derived of his/her life, liberty, or property

44
Q

Privileges and Immunities

A

a clause that prohibits states from enacting law that unduly discriminate in favor of their residents

45
Q

Regular Duty

A

everyone acting reasonably

46
Q

Rightful Discharge of Duty

A

acting on duty

47
Q

Supererogatory Duty

A

going above and beyond expectation of duty

Business Law (13 decks)

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