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15 Cards in this Set
- Front
- Back
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CONSTITUTIONAL AUTHORITY
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all constitutional rights protect individuals and businesses from GOVERNMENT not PRIVATE PARTY actions.
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Gen. Rules- bill of rights
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none of the bill of rights is absolute. (free from imperfection)
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Gen. rules- bill of rights
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courts will allows actions if government can prove...actions are needed to protect public saftey, health or gen welfare..and that actions cause least imact on rights as possible to accomplish those needs
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1st admendment
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free speech- includes corporate, commercial and political.
speech rights growing promoting less government intruson and more private rights |
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due process
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5th and 14th admend- every citizen and business is entitled to the fair use (dueprocess) of laws that take away our freedom (jail), life (death penalty), or properties (fines)
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substantive due process
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laws themselves must be clear and fair. cannot be vague and must have fundamental justice served
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procedural due process
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the notice, trial, hearing, agency review etc...used to apply laws to accused violators. must give them reasonable chance to defend themselves.
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5th admen
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government taking of private property...a right given by the bill of rights TO THE govt. rather than citizens is the power to take private property IF the govt. can show public need and take as little property as necessary
* the govt must pay fair prices to take property that is not already under control by ownership or ordinances. |
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14th admen
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equal protection- govt cant discriminate against groups or classes of individuals or businesses w/out proving connection btwn class and its objective
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4th admen
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privacy- limiting criminal law enforcement searches of citizens' bodies and property to a minimum necessary to investigate crime.
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administrative agencies
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agencies simply carry out instructions given in statutes by elected legislators.
*agencies have no powers of their own *legislators can change agency powers and budgets or even eliminate agencies at any time. |
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powers legislatives may give to agencies...
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* create rules and regulations, imformal public opinion
*investigate violations of those rules by subpoena, warrant, or other police power. *judge wether accused companies and citizens have violated rules *enforce rules with consent decrees, penalties, administrative orders |
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requirement to bring agency to court
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*standing (dispute directly affects plaintiff)
*plaintiffs have completed any and all agency appeals |
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court arguments against agencies
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due process violations (rules were unclear or unfair, or process used to apply rules was unfair.
*ultra vires (agencies exceeded their powers) *other constitutional violations (free speech, privacy etc) *agencie actions were without substancial evidence. |
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gen rule of govt immunity
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govt, is not liable for formal decision making actions but is liable for daily preformance of actions...example: mayors, judges, juries, legislators are immune...other agencies that work under are not. if they do wrong they are to blame.
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