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25 Cards in this Set
- Front
- Back
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commerce clause |
the part of Article I, Section 8, that gives Congress the power to regulate commerce with foreign nations and among state |
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commercial speech |
communication such as advertisements, that has the dominant theme of proposing a business transaction |
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eminent domain |
the power of the government to take private property for public use |
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equal protection clause |
a clause in the Fourteenth amendment that generally requires the government to treat people equally |
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fundamental rights |
rights so basic that governmental interference with them is suspect and likely to be unconstitutional |
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judicial activism |
a court's willingness to decide issues on constitutional grounds |
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judicial restraint |
a court's attitude that it should leave law making to legislators. |
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procedural due process |
a form of due process that holds that certain rights are so fundamental that the government may not eliminate them |
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substantive due process |
a form of due process that holds that certain rights are so fundamental that the government may not eliminate them |
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takings Clause |
a clause in the Fifth Amendment which ensures that when any governmental unit takes private property for public use, it must compensate the owner |
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the supremacy clause |
makes the constitution, and federal statutes and treaties, the supreme law of the land |
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absolute privilege |
a witness testifying in a court or legislature may never be sued for defamation |
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assault |
an act that makes a person reasonably fear an imminent battery |
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battery |
an intentional touching of another person in a way that is harmful or offensive |
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compensatory damages |
money intended to restore a plaintiff to the position he was in before the injury |
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conversion |
taking or using someone's personal property without consent |
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false imprisonment |
is the intentional restraint of another person without reasonable cause and without consent |
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fraud |
injuring another person bye deliberate deception |
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intentional infliction of emotional distress |
an intentional tort in which the harm results from extreme and outrageous conduct that causes serious emotional harm |
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intentional torts |
harm caused by a deliberate action |
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intrusion |
a tort in which a reasonable person would find the invasion of her private life offensive |
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punitive damages |
damages that are intended to punish the defendant for conduct that is extreme and outrageous |
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single recovery principle |
requires a court to settle the matter once and for all, by awarding a lump sum for past and future expenses. |
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tort |
a violation of a duty imposed by the civil law |
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tortious interference with a contract |
an intentional tort in which the defendant improperly induced a third party to breach a contract with the plaintiff |
