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28 Cards in this Set
- Front
- Back
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the doctrine that holds that the legislative, executive, and judicial branches of government function independently of one another and that each branch serves as a check on the others.
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Separationofpowers/Federalism
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courts may be called upon to decide if a state law is invalid because it conflicts with a federal law.
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Supremacyclause
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a condition when a federal statue or administrative rule governs an issue to the extent that a state or local government is prohibited from regulating that area of law.
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Preemption
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"No State shall...pass any...Law impairing the Obligation of contracts." Does not apply to the federal government. Article 1 Section 10, Bill of Rights. B/c rules change.
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Contractclause
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the authority a state or local government has to protect the public's health, safety, morals, and general welfare.
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Policepower
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the impact of the commerce clause as a means of limiting state and local governments' police powers to regulate business activities.
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Dormantcommerceclauseconcept
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exists when it is not possible for a business to comply with both statutes. Dual compliance state & federal.
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Irreconciblableconflicts
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Under the Civil Rights Act of 1964 and the Americans with Disabilities Act an employer need not take action that is excessively costly or creates excessive inefficiency in order to accommodate an employee's religious beliefs or disabilty.
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Undueburden
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has to be for both, need for uniformlity can't have against
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Prohibitingdiscrimination
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the concept used by states to divide a company's taxable income so that no one state burdens a company with an unfair tax bill.
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Apportionment
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the concept used by states to divide a company's taxable income so that no one state burdens a company with an unfair tax bill.
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Apportionment
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a logical connection.
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Nexus
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a provision in the First Amendment of the U.S. Constitution that prohibits the federeal government from establishing any government-supported religion or church.
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EstablishmentClause
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a provision in the First Amendment of the U.S. Constitution that allows all citizens the freedom to follow or believe any religious teaching.
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FreeExerciseClause
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a principle applicable under the freedom of press and speech clauses of the First Amendment of the U.S. Constitution.
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PriorRestraints
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the publication of anything injurious to the good name or reputation of another. act of print
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Defamation
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tort theory used to recover damages as a result of printed defamation of character.
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Libel
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the state of mind that accompanies the intentional doing of a wrongful act without justification or excuse. Proving the printed statements falsse necessary for libel.
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Malice
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nonverbal expression
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SymbolicSpeech
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a principle used by courts to invalidate legislation that is broader in scope than is necessary to regulate an activity.
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OverbreadthDoctrine
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speech protected under 1st Amendment that has a business-oriented purpose.
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CommercialSpeech
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the government's constitutional power to take private property for public use upon the payment of just compensation.
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EminentDomain
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a provision found in the 5th and 14th Amendments of the U.S. constitution. This clause assures that all citizens of fundamental fairness in their relationship with the government.
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DueProcessClause
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a provision in the 14th Amendment of the U.S. Constitution that requires all citizens to be treated in a similar manner by the government unless there is a sufficient justification for the unequal treatment. Deals w/ individuals.
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EqualProtectionClause
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the process or procedure ensuring fundamental fariness that all citizens are entitled to under the U.S. Constitution. Involves whether proper notice has been given and a proper hearing has been conducted. 5th, 14th Amendments, deals w/ gov.
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ProceduralDueProcess
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(height, age, weight, marriage, etc.) law must have a rational connection to a permissble end.
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MinimumRationality
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(gender) law is substantially related to an important government interest.
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Quasi-Strict Scrutiny
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(race, national origin, legitimacy, plus fundamental rights[voting, travel, appeal])law is necessary to a compelling state interest.
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StrictScrutiny
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