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35 Cards in this Set
- Front
- Back
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Administrative agencies |
Page 166 conduct much of the work relating to business |
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Balancing test |
Page 150, 152 compares the burdens on interstate commerce caused by the regulation and the portents of the state interest that underlies the regulation |
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Caveat emptor |
Page 144 let the buyer beware |
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Commerce Clause |
Page 145, 165 most important constitutional provision that affects businesses. Article 1 Section 8 Clause 3 of The Constitution states that Congress shall have the power to regulate commerce with foreign Nations among several States and with Indian tribes |
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Commercial speech |
Page 162, 165 First Amendment commercial speech may be restricted subject to a 4 prong test, the speech in question cannot be illegal or misleading, the regulation must be based on a legitimate governmental interest, it was directly Advance this interest and it must be nearly Taylor using the least restrictive means available to effectively meet the governmental interest |
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Compelling State interest test |
Page 154 if a regulatory measure involves invidious discrimination that is intentional discrimination against certain racial or ethnic groups or limitations or restrictions of certain fundamental rights courts apply the strict scrutiny test |
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Concurrent state power |
Page 150, 152 regulation of Commerce within the state |
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Dormant Commerce Clause |
Page 150 an implied power under the Commerce Clause where is its head when Congress is silent on an issue with the state law at issue discriminates against out-of-state Commerce interest |
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Double jeopardy |
Page 162 being tried twice for the same offense |
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Due process clause |
Fifth and fourteenth amendments protect against deviations of life liberty or property without due process of the law |
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Economic regulations |
Page 144 the behavior of firms especially the firms effect on prices production industry conditions for entry or exit and so on |
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Equal protection clause |
Page 152, 165 Fifth and fourteenth amendments. Situated people must be treated similarly. Any regulations that discriminate must meet the rational basis test |
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Exclusive state power |
Page 151 States plenary power to regulate commerce covers purely local activities that only remotely affect other states |
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Fundamental rights |
Page 156 a right expressly or impliedly guaranteed in the Constitution |
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Heightened scrutiny test |
Page 157 intermediate level test requires more justification than a mere rational basis but less than strict scrutiny |
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Indian Commerce Clause |
Page 148 only Congress has the power to regulate commerce with them. Native American tribes have virtually complete control over their own reservations and land the states have little say over reservation affairs federal law generally preamps even state or local regulations of off reservation activities |
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Invidious discrimination |
Page 153 repugnant discrimination stemming from bigotry or prejudice |
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Just compensation |
Page 160 compensation from taking property with a fair amount this is when a state exercises eminent domain |
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Laissez-faire |
Page 144 United States was built on lays a fair economy that reflected the belief that businesses operate best when uninhibited by the government |
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Minimum contacts |
Page 151 exists between the person entity or transaction tax in the state levying tax |
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Native Americans |
Page 148 Native American tribes |
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Necessary and proper |
Article 1 Section 8 Clause 18 allows the federal government to do whatever is necessary and proper in order to effectively Implement its regulations of Commerce |
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Police power |
Page 146, 160 power to enforce laws |
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Procedural due process |
Page 158 and 165 before the government can deprive one of life liberty or property one usually must be afforded some kind of hearing such hearings generally require notice to the aggrieved party an opportunity for the person to present his or her side of the story and impartial decision maker |
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Property |
Page 158 to include ownership of real estate personal property and money they've also extended the term property to entitlements to specific benefits set out under applicable state or federal law these rights include public employment public education welfare benefits Public Utility Services that Dupree viation cannot constitutionally occur without due process |
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Public use |
160, 161 a state can exercise power of eminent domain to take power over private property for public use examples are Highway schools airports Etc |
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Rational basis test |
Page 153 is the lowest level of scrutiny RI a court places on governmental actions. The only way the law is struck down under the standard is if its Provisions violate another constitutional provision or are irrational |
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Regulation |
Page 160 disagreement between the parties often centers on whether it taking has occurred in which case constitutional obligation Gates the government to pay just conversation or whether the government action amounts only to a regulation under the exercise of its police power in which case no conversation is owed |
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Reverse discrimination |
Page 156 ******* on white people to benefit minorities |
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Social regulation |
Page 144 concern for such issues as workplace safety equal opportunity Environmental Protection and customer protection |
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Strict scrutiny |
Page 154 the compelling State interest test if a regulatory measure involves invidious discrimination that is intentional determination against certain racial or ethnic groups or limitations or restrictions of certain fundamental rights Court Supply the strict scrutiny test. I know this test chords presume that such regulations are invalid only upholding those measures necessary to accomplish compelling State interest. |
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Substantially important state interest test |
Page 157 any statutory schemes or regulations falling within this calorie must be substantially related to an important state interest |
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Substantive due process |
Page 159, 169 focus is not on providing fundamentally Fair procedures but on the content or the subject matter of the law |
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Taking clause |
Page 160, 165 Fifth Amendment provides that private property shall not be taken for public use without just compensation |
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Treaty |
Page 148 regulations between countries |
