Term
| Freedom of Speech - Content Neutral |
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Definition
| Must be aimed at restricting some secondary societal problem and not suppressing the expressive conduct or its message. |
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Definition
| communications--primarily advertising and marketing-- made by business firms that involve only their commercial interests. |
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Term
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Definition
| (1) seeks to implement a substantial government interest, (2) directly advances that interest, and (3) goes no further than necessary to accomplish its objective. |
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Term
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Definition
| (1) the average person finds that it violates contemporary community standards; (2) the work taken as a whole appeals to a prurient (arousing or obsessive) interest in sex; (3) the work shows patently offensive sexual conduct; and (4) the work lacks serious redeeming literary, artistic, political, or scientific merit. |
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Term
| When can the government go against the free exercise clause? |
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Definition
| When religious practices work against public policy and the public welfare. |
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Term
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Definition
| requires that any govern- ment decision to take life, liberty, or property must be made fairly--that is, the government must give a person proper notice and an opportunity to be heard. |
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Term
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Definition
| Substantive due process limits what the government may do in its legislative and executive capacities. Legislation must be fair and reasonable in content and must further a legitimate governmental objective. |
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Term
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Definition
| Under this standard, the classification must be necessary to promote a compelling state interest. Also, if the classification is based on a suspect trait--such as race, national origin, or citizenship status--it must be necessary to promote a compelling government interest. |
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Term
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Definition
| Laws using gender or legitimacy classifica- tions must be substantially related to important government objectives. |
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Term
| The "Rational Basis" Test |
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Definition
| In matters of economic and social welfare, a classification will be considered valid if there is any conceivable "rational basis" on which the classification might relate to a legitimate government interest. |
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Term
| Freedom of Information Act |
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Definition
| Provides that individuals have a right to obtain access to information about them collected in government files. |
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Term
| Family and Educational Rights and Privacy Act |
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Definition
| Limits access to computer-stored records of education-related evaluations and grades in private and public colleges and universities. |
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Term
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Definition
| Protects the privacy of individuals about whom the federal government has information. Under this act, agencies that use or disclose personal information must make sure that the information is reliable and guard against its misuse. |
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Definition
| Preserves the privacy of personal financial information. |
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Term
| Rights to Financial Privacy Act |
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Definition
| Prohibits financial institutions from providing the federal government with access to a customer's records unless the customer authorizes the disclosure. |
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Term
| Electronic Communications Privacy Act |
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Definition
| Prohibits the interception of information communicated by electronic means. |
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Term
| Drivers Privacy Protection Act |
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Definition
| Prevents states from disclosing or selling a driver's personal information without the driver's consent. |
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Term
| Health Insurance Portability and Accountability Act |
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Definition
| Prohibits the use of a consumer's medical information for any purpose other than that for which such information was provided |
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Term
| Financial Services Modernization Act |
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Definition
| Prohibits the disclosure of nonpublic personal information about a consumer to an unaffiliated third party unless strict disclosure and opt-out requirements are met. |
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Term
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Definition
| The Patriot Act has given government officials increased authority to monitor Internet activities (such as e-mail and Web site visits) and to gain access to personal financial information and student information. |
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Term
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Definition
| the process of obtaining information by false means |
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Term
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Definition
| Contracts, Sales, Negotiable Instruments, Creditors' Rights, Intellectual Property, E-Commerce, Product Liability, Torts, Agency, Business Organization, Professional Liability, Courts and Court Procedures |
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Term
| The Uniform Commercial Code |
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Definition
| facilitates commerce among the states by providing a uniform, yet fl exible, set of rules governing commercial transactions. |
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Term
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Definition
| an order in equity court to perform what was promised |
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Term
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Definition
| directing a party in equity court to do or refrain from doing a particular act |
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Definition
| Cancellation of the contract in equity court |
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Term
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Definition
| members elected by shareholders responsible for the overall management of the firm |
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Definition
| formed by the government to meet some political or governmental purpose. |
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Term
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Definition
| shares are publicly traded in securities markets, such as the New York Stock Exchange |
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Term
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Definition
| What does management of a close corporation resemble? |
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Term
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Definition
| 1. The corporation must be a domestic corporation. 2. The corporation must not be a member of an affiliated group of corporations. 3. The shareholders of the corporation must be individuals, estates, or certain trusts. Partnerships and nonqualifying trusts cannot be shareholders. Corporations can be shareholders under certain circumstances. 4. The corporation must have no more than one hundred shareholders. 5. The corporation must have only one class of stock, although all shareholders do not have to have the same voting rights. 6. No shareholder of the corporation may be a nonresident alien. |
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Term
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Definition
| (1) select a state of incorporation, (2) secure the corporate name by confirming its availability, (3) prepare the articles of incorporation, and (4) file the articles of incorporation with the secretary of state accompanied by payment of the specified fees. |
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