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| An organization, usually a part of the executive branch of government, that is created to serve a specific purpose as authorized by the legislative branch. |
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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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| A provision of the Constitution that grants the federal government the power to regulate business transactions. |
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| Speech that has a business-oriented purpose. The speech is protected under the First Amendment. |
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| The constitutional provision that prohibits states from enacting laws that interfere with existing contracts. |
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| The publication of anything injurious to the good name or reputation of another. |
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| Dormant Commerce Clause Concept |
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| The impact of the commerce clause as a means of limiting state and local governments' powers to regulate business activities. |
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| This clause assures all citizens of fundamental fairness in their relationship with the government. |
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| Requires all citizens to be treated in a similar manner by the government unless there is a sufficient justification for the unequal treatment. |
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| A provision of the Constitution that prohibits the federal government from establishing any government-supported religion or church. |
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| A concept used in administrative law that requires any party to an administrative proceeding to give the administrative agency every opportunity to resolve the dispute before appealing to the court system. |
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| A term used to describe the vertical aspect of the separation of powers. The coexistence of a federal government and the various state governments, with each having responsibilities and authorities that are distinct but overlap. |
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| A provision of the Constitution that allows all citizens the freedom to follow or believe any religious teachings. |
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| When a state or local law requires something different than a federal law or regulation and both laws cannot be satisfied. |
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| A defamatory written statement communicated to a third party. |
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| The state of mind that accompanies the intentional doing of a wrongful act without justification or excuse. |
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| A legal test used by courts to test the validity of governmental action, such as legislation, under the equal protection clause of the U.S. Constitution. To satisfy the test, the government needs to demonstrate that there is a good reason for the government's action. |
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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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| The authority a state or local government has to protect the public's health, safety, morals, and general welfare. |
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| A condition when a federal statute 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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| A doctrine used by reviewing courts to determine whether a case is properly before the courts or whether it should be heard by an administrative agency first since such an agency might have expertise superior to the courts'. |
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| A principle applicable under the freedom of press and speech clauses of the First Amendment of the U.S. Constitution. The courts have announced decisions that encourage governments to allow the publication or expression of thoughts rather than to restrain such thoughts in advance of their publication or expression. |
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| The process or procedure ensuring fundamental fairness that all citizens are entitled to under the U.S. Constitution. |
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| Prohibiting Discrimination |
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| A standard of review under the Commerce Clause that can invalidate state and local laws. When state and local laws discriminate against or negatively impact interstate commerce, such laws are invalid and void. |
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| Administrative actions involving factual determinations and the discretionary application of rules and regulations. |
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| This term describes the rule-making function of administrative agencies. |
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| A legal test used by courts to test the validity of governmental action, such as legislation, under the equal protection clause of the U.S. Constitution. To satisfy this test, the government needs to demonstrate that the purpose of the action is substantially related to an important governmental objective. |
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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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| A legal test used by courts to test the validity of governmental action, such as legislation, under the equal protection clause of the U.S. Constitution. To satisfy this test, the government needs to demonstrate that there is a compelling state interest justifying the government's action. |
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| Artivle VI of the Constitution, which states that the Constitution, laws, and treaties of the US shall be the "supreme law" and shall take precedence over conflicting state laws. |
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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 disability. |
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