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Business Law: Chapter 5
Business Law: Chapter 5 vocab based on 978-0-07-337767-4
24
Law
Undergraduate 3
09/26/2011

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Term
commerce clause
Definition
Constitutional provision giving Congress authority to regulate interstate commerce. "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes"
Term
commercial speech
Definition
a speech done on behalf of a company or individual for the intent of making a profit. It is economic in nature and usually has the intent of convincing the audience to partake in a particular action, often purchasing a specific product.
Term
concurrent authority
Definition
when two governments have the authority to regulate the same subject matter.
Term
contract clause
Definition
This prohibits states from enacting acy law that retroactively impairs contract rights. This applies only to state decisions, not court decisions.
Term
dormant (i.e. negative) commerce clause
Definition
The restriction on states' authority to pass laws that substantially affect interstate commerce. This is inferred from the commerce clause in Article 1 of the U.S. constitution.
Term
due process clause
Definition
the clause in the 14th amendment which refers to the legal procedures that have been established as a means of protecting individuals' rights.
Term
equal protection clause
Definition
part of the 14th amendment to the U.S. Constitution which provides that "no state shall...deny to any person within its jurisdiction the equal protection of the laws."
Term
establishment clause
Definition
The clause in the 1st amendment of the U.S. constitution that prohibits the establishment of religion by Congress. "Congress shall make no law respecting an establishment of religion."
Term
Federal Preemption
Definition
this refers to the invalidation of a US state law when it conflicts with Federal law.
Term
federalism
Definition
when the authority to govern is divided between two sovereigns, or supreme lawmakers: the deral government and the states.
Term
free-exercise clause
Definition
this states that the government cannot make a law "prohibiting the free exercise" of religion.
Term
full faith and credit clause
Definition
This clause requires that courts in all states uphold contracts and public acts established in other states. "...shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State."
Term
intermediate scrutiny
Definition
One of the standards which guarantees individuals equal protection under the law. This states "to analyze classifications based on gender or on legitimacy of children."
Term
judicial review
Definition
Review by the US Supreme Court of the constitutional validity of a legislative act.
Term
police power
Definition
the residual powers retained by states to pass laws to safeguard the health and welfare of their citizens.
Term
political speech
Definition
speech to support political candidates or referenda.
Term
privileges and immunities clause
Definition
this prohibits states from discriminating against citizens of other states.
Term
procedural due process
Definition
this requires the government use fair procedures when taking the life, liberty, or property of an individual or corporation.
Term
rational-basis test
Definition
One of the standards to guarantee individuals equal protection under to law: this is to analyze classification involving other matters.
Term
search warrant
Definition
a court order that authorizes law enforcement agents to search for or seize items specifically described in the warrant.
Term
strict scrutiny
Definition
When a law prevents individuals from exercising a fundamental right, or if the law's classificiation scheme involves suspect classifications, the action
Term
substantive due process
Definition
this requires that the government have the proper purpose for enacting laws that restrict individuals' liberty or the use of their property.
Term
supremacy clause
Definition
this clause, located in article six of the constitution, provides that the Constitution, laws, and treaties of the US constitute the supreme law of the land, "any Thing in the Constitution or Law of any State to the Contrary notwithstanding."
Term
takings clause
Definition
this clause provides that when government takes private property for public use, it must pay the owner just compensation, or fair market value, for his property.
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