EssentialsOFBusLaw_chapter5 Flashcards

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1
Q

Express Powers

A

those that are specifically stated in the constitution

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2
Q

Implied Powers

A

those that have arisen as a result of interpretation of the express powers by the courts

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3
Q

Bill of Rights

A

the first 10 amendments to the US Constitution

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4
Q

Judicial Review

A

the process of deciding if a law is contrary to the Constitution

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5
Q

Doctrine of Preemption

A

A principal that states that when certain state or local laws are inconstant with the federal law, the federal law must be followed

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6
Q

Commerce Clause

A

Gives congress the power to regulate commerce with foreign nations and among states

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7
Q

Full Faith and Credit Clause

A

A provision of the constitution that mandates each state respect and enforce both the judgments awarded by the courts in other states and the statutes and case law of other states

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8
Q

Supremacy Clause

A

Makes the constitution, and federal statutes and treaties, the supreme law of the land.

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9
Q

Probable Cause

A

A reasonable belief that a prudent police officer must have that a suspect has committed, is committing, or is about to commit a crime, thereby giving the officer the authority to conduct a search

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10
Q

Procedural Due Process

A

Ensures that before the gov’t takes liberty or property, the affected person has a fair chance to oppose the action.

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11
Q

Substantive Due Process

A

Holds that certain rights are so fundamental that the gov’t may not eliminate them.

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12
Q

Rational Basis

A

A test that measures whether the legislature has a reasonable, and not an arbitrary, basis for enacting a particular statute

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13
Q

Intermediate Scrutiny

A

A test that measures whether a particular statute is substantially related to an important government objective

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14
Q

Strict Scrutiny

A

A test that measures whether the legislature had a compelling interest for enacting a particular statute

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15
Q

Taking Clause

A

Ensures that when any governmental unit takes private property for public use, it must compensate the owner.

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16
Q

Commercial Speech

A

Communication, such as advertisements, that has the dominant theme of proposing a business transaction.

17
Q

Eminent Domain

A

The power of the government to take private property for the public.

18
Q

Equal Protection Clause

A

Generally requires the government to treat people equally.

19
Q

Fundamental rights

A

Rights that are so basic that any governmental interference with them is suspect and likely unconstitutional.

20
Q

Judicial activism

A

A courts willingness to be involved in major issues.

21
Q

Judicial restraint

A

A courts attitude that it should leave lawmaking to legislators.

22
Q

Political Speech

A

Protected unless it is intended and likely to create imminent lawless actions.