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19 Cards in this Set
- Front
- Back
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A court order seizing property of a party to a civil action, so that there will be sufficient assets available to pay the judgment.
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Attachment
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One of the powers granted by Article I, §8 of the Constitution, it gives Congress exclusive power to regulate international commerce and concurrent power with the states to regulate domestic commerce.
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Commerce clause
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Communication, such as television advertisements, that has the dominant theme of proposing a commercial transaction.
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Commercial speech
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Part of the Fifth Amendment. Procedural due process ensures that before depriving anyone of liberty or property, the government must go through procedures which ensure that the deprivation is fair. Substantive due process holds that certain rights, such as privacy, are so fundamental that the government may not eliminate them.
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Due Process Clause
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The power of the government to take private property for public use.
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Eminent domain
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Part of the Fourteenth Amendment, it generally requires the government to treat equally situated people the same.
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Equal Protection Clause
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The one responsible, during a trial, for deciding what occurred, that is, who did what to whom, when, how, and why. It is either the jury or, in a jury-waived case, the judge.
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Factfinder
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In constitutional law, those rights that are so basic that any governmental interference with them is suspect and likely to be unconstitutional.
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Fundamental rights
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The willingness shown by certain courts (and not by others) to decide issues of public policy, such as constitutional questions (free speech, equal protection, etc.) and matters of contract fairness (promissory estoppel, unconscionability, etc.).
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Judicial activism
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A court's preference to abstain from adjudicating major social issues and to leave such matters to legislatures.
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Judicial restraint
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The power of the judicial.
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Judicial review
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The doctrine that prohibits a state from any action that interferes with or discriminates against interstate commerce.
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Negative or dormant aspect of the Commerce Clause
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Clause The power granted to Congress to regulate commerce between the states.
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Positive aspect of the Commerce Clause
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The doctrine, based on the Supremacy Clause, by which any federal statute takes priority whenever (1) a state statute conflicts or (2) there is no conflict but Congress indicated an intention to control the issue involved.
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Preemption
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The principle, established by the first three articles of the Constitution, that authority should be divided among the legislative, executive, and judicial branches.
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Separation of powers
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From Article VI of the Constitution, it declares that federal statutes and treaties take priority over any state law if there is a conflict between the two, or even absent a conflict if Congress manifests an intent to preempt the field.
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Supremacy Clause
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Part of the Fifth Amendment, it ensures that when any governmental unit takes private property for public use, it must compensate the owner.
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Takings Clause
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A clause in Article 1, Section 2 of the United States Constitution, now void and regarded as racist, which required that for purposes of taxation and representation, a slave should be counted as three-fifths of a person.
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Three-Fifths Clause
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A tort committed by intentionally entering land that belongs to someone else or remaining on the land after being asked to leave.
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Trespass
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