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22 Cards in this Set

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  • Back
ATTACHMENT
A court order seizing property of a party to a civil action, so that there will be sufficient assets available to pay the judgment.
COMMERCE CLAUSE
One of the powers granted by Article I, it gives Congress exclusive power to regulate international commerce and concurrent power with the states to regulate domestic commerce.
COMMERCIAL SPEECH
Communication, such as television advertisements, that has the dominant theme of proposing a commercial transaction.
DUE PROCESS CLAUSE
Part of the Fifth Amendment. Ensures that before depriving anyone of liberty or property, the government must go through procedures which ensure that the deprivation is fair.
EMINENT DOMAIN
The power of the government to take private property for public use.
EQUAL PROTECTION CLAUSE
Part of the Fourteenth Amendment, it generally requires the government to treat equally situated people the same.
FACTFINDER
The one responsible, during a trial, for deciding what occurred, It is either the jury or, in a jury-waived case, the judge.
FRAMERS
Founding Fathers
FUNDAMENTAL RIGHTS
In constitutional law, those rights that are so basic that any governmental interference with them is suspect and likely to be unconstitutional.
JUDICIAL ACTIVISM
The willingness shown by certain courts to decide issues of public policy, such as constitutional questions and matters of contract fairness
JUDICIAL RESTRAINT
A court's preference to abstain from adjudicating major social issues and to leave such matters to legislatures.
JUDICIAL REVIEW
The power of the judicial.
NEGATIVE OR DORMANT ASPECT OF THE COMMERCE CLAUSE
The doctrine that prohibits a state from any action that interferes with or discriminates against interstate commerce.
POSITIVE ASPECT OF THE COMMERCE CLAUSE
The power granted to Congress to regulate commerce between the states.
PREEMPTION
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.
PROCEDURAL DUE PROCESS
Due Process Clause
SEPARATION OF POWERS
The principle, established by the first three articles of the Constitution, that authority should be divided among the legislative, executive, and judicial branches.
SUBSTANTIVE DUE PROCESS
Due Process Clause
SUPREMACY CLAUSE
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.
TAKINGS CLAUSE
Part of the Fifth Amendment, it ensures that when any governmental unit takes private property for public use, it must compensate the owner.
THREE-FIFTHS CLAUSE
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.
TRESPASS
A tort committed by intentionally entering land that belongs to someone else or remaining on the land after being asked to leave.