VI. State Actions Flashcards

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1
Q

State action

A

The constitution with the exception of the 13th amendment only prohibit state actions. Yet private individuals may still be fount to be state actors.

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2
Q

Public Function

A

A private party exercising powers / performing functions that have been ​traditionally exclusively​ reserved to the state is engaged in state action

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3
Q

State Coercion Or Significant Encouragement

A

When the government coerces, significantly encourages, or assists in private action, it may constitute state action

  1. When does “state action” exist?
    (1) the government is ​requiring​ the private actor to perform the challenged activity,
    (2) the government’s ​purpose​ is to violate the rights of its citizens through the actions of private individuals(Using judicial powers to enforce counts)
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4
Q

Symbiotic Relationship

A

Government and private entity basically

working/participating together as one to achieve an objective. Limited to when the government is the Landlord.

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5
Q

Entwinement

A

Where public institutions and public officials are close nexus in the​ composition,​ ​workings,​ and ​responsibilities ​of a​nominally ​private entity.

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