Law Terms Flashcards
Nuisance
“Common Law Tort
Tort = a wrongful act or an infringement of a right (other than under contract) leading to civil legal liability.”
Private Nuisance
Neighbors conduct interferes with anothers quiet enjoyment. Their impacts extend past their land boundary
Public Nuisance
unreasonable conduct that interferes with the public’s right to health, safety, peace, morals, comfort, etc.
Easements, Covenents, Licenses
Common law contracts (condo or HOA)
Government’s Power to Plan
“Protect public health, safety, welfare
Mint money and create or detroy wealth
Tax and Spend
Take Property
”
Police Power
“Power of Govt to protect public health, safety, welfare.
Leg actions are presumed to be valid and constitutional.”
Who has “Police Power”?
States > Feds when it comes to any powers not specifically given to the federal govt by the constitution.
Dillon’s Rule
Local govt has no powers except those expressly given by the state charter or necessarily implied
Home Rule
Local govt has ALL powers unless expressly restricted by the State (public purpose)
General Purpose
Cities, counties, school districts have police power
Special Purpose
local/regional govts do not have police powers
Federalism
Sharing of power between national and state governments (USA)
Enumerated Rights/powers
“Speech, assembly, or race, religion, nationality
Commerce Clause (environmental regs, civil rights act)
Treaty Power
Income Tax”
Implied Rights/Powers
“Privacy, travel, etc.
Contracts - Impose conditions on receipt of federal funds (transportation congestion mitigation funds)
“
1st Amendment
Freedom of Religion, Speech, Petition Govt
5th Amendment
“Cannot be deprived of life, liberty, or property without due process of the law.
… nor shall private property be taken for public use, without just compensation”
10th Amendment
Powers not enumerated are reserved for the STATES (Police Power)
14th Amendment
“No STATE shall make any law which abridge the priveleges or immunities of citizens of the USA
nor shall any STATE deprive anyone of life, liberty, or property without due process, nor deny any citizen equal protection of the law.”
Eminent Domain
Taking of property by any govt entity.
Inverse Condemnation
goverment ACTION that forces owner to sue
Procedural Due Process
Court will examine how a law is administered, applied, enforced
Substantive Due Process
“Court will examine the content of the law
Personal Liberty cases
Intermediate - substantially advance a legitimate state interest (agins)
Strict Scrutiny - gay rights, abortion, right to die”
Civil Rights Act of 1871
“Originally part of Ku Klux Klan act
Any citizen who is subject to the deprivation of any rights, previleges, or immunities secured by the Constitution shall be liable to the party injured in an action at law.
Can sue for monetary damages and there is no soverign immunity defense”
