BUS220 - Chapter 5

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Legislative Branch: Branch of the U/S/ Gavernment that consists of Congress and its powers as established by Article I of the U.S. Constitution.
Executive Branch: Branch of the U.S. Government that includes the President and it charged with enforcing the law; the power of the president as established in Article II of the Constitution.
Judicial Branch: Branch of the U.S. Government that consists of the Federal Judicial System and its powers as established by Article III of the Constitution.
Checks and Balances: Scheme of the government that balances the power of one branch with the other two branches, so no one branch can usurp power.
Judicial Review: Process for deciding whether a law is in conflict with the mandates of the Constitution.
Marbury v. Madison: Established the power of Judicial Review
Writ of Mandamus: A judicial order directing a government official to perform a duty of his or her office.
Commerace Clause: Clause in the Constitution that give Congress the power "to regulate commerce with foreign nations, among the states, and with the individual tribes."
Police Powers: Authority possessed by states to regulate private activities in order to protect or promote the health, safety, morals, or general welfare of their citizens.
Taxing Power: Authority possessed by the federal government and state governments to levy and collect taxes.
Spending Power: Authority possessed by the federal and state governments to spend state monies.
Standing to Sue: Doctrine that requires a litigant to deonstrate a direct harm as a result of the other party's action.
Supremacy Clause: Clause in Article VI of the Constitution that governs the relationship between that states and the federal government; the federal Constitution, statutes, and treaties take priority over state laws in a conflict arises.
Exclusive Power: Power exclusively delegates to the federal or state government.
Concurrent Powers: Power of either Congress or State legislators to make laws on the same subject matter.
Preemption Doctrine: Doctrine that allows Congress to act exclusively in areas that affect primarily national, as opposed to local matters. If Congress chooses to preempt a particular area, the states no longer have any authority to enact legislation in that area.
Federalism: System of government in which state governments and the federal government share powers.
Full Faith and Credit Clause: Clause in the Constitution that mandates the enforcement of a state's valid judgment, decree, or order in other states.
Privileges and Immunities Clause: Clause that prevents one state from discriminating against the citizens of another state based soley on their residency.
Double Jeopardy: Protection provided in the Fifth Amendment that says a person cannot be tried by the same level of government more than once for the same crime.
Self-Incrimination: Protection provided by the Fifth and Fourteenth Amendments that says a person cannot be forced to testify against themselves.
Enumerated (delegated) Powers: Provisions to the U.S. Constitution that delegates certain powers to the three branches of federal government.
Legal Entity: Indivisuals and various forms of business that can sue and be sued in court, pay taxes, and hold title to property.
Doctrine of Selective Incorporation: Under the Fourteenth Amendment, the U.S. Supreme Court has applied many, but not all, clauses of the first ten amendments to the states.
Procedural Due Process: Guarantee granted to individuals that require any government decision to take a person's life, liberty, or property to be made fairly.
Substantive Due Process: Doctrine that holds that the content or substance of a piece of litigation must be in compliance with the constitution.
Equal Protection Clause: Legal right in the 14th Amendment that holds that government must treat similarly situated individuals in a similar manner.
Strict Scrutiny Test: Discrimination test for which two requirements must be met...
1.) A compelling government interest.
2.) Use of the least restrictive means available to satisfy that interest.
Intermediate Scrutint Test: Discrimination test for which two requirements must be met...
1.) An important governmental objective.
2.) A substantial relationship between the means and the end.
Rational Basis Test: Discrimination test that does not involve a protected class. Two requirements must be met...
1.) A legitimate governmental interest.
2.) A rational relationship between the governmental interest and the means used to accomplish that interest.
Partially Protected Speech: Speech that cannot be regulated by the government, but can be restricted as to time and place, but must be fully truthful.
First Amendment: Freedom of Speech, Religion, Assembly, Press, Petition government, Redress of grievances.
Defamation: Act of making any untrue statement or statements that harm the reputation of another person or corporation.
Actual Malice: refers to a statement made withthe knowledge that it is false or with reckless disregard of whether or not it is false.
Probable Cause: Reasonable ground for supposing that an individual has committed a crime.
Children's Online Privacy Act of 1998 (COPA): Prohibits internet operators from collecting information about children while they are on the internet.
Electronic Communications Privacy Act (ECPA): A federal crime to intercept an electronic communication at the point of or durring transmission, when transmitted through a router or server, or after recipt by the intended recipient; includes any electronic transfer of siginals.
Gramm-Leach-Bliley Act (GLBA): Federal act providing consumers with privacy rights in the financial area. Businesses must inform customers that it may share nonpublic information with others and the consumers can choose whether to participate.
Opt-Out Provision: Cause in contract that the customer must take affirmative action to have name excluded from data banks. No action means that the customerallows name to be shared (usually sold) to others.
Health INsurance Portability and Accountability Act of 1996 (HIPPA): A federal statute mandating that when a person moves from one employer with group health insurance to another employer with group health insurance, the new group health insurance company must accept that person and charge the same premium and may not exclude or charge higher premiums for a preexisting medical condition.
Right to Financial Privacy Act of 1978: Restricts power of federal government to obtain a person's financial records. Customer has the right to know who has accessed the financial records. Amended by the USA Patriot act in 2001.
USA Patriot Act of 2001: Passed in 2001 in reaction to Sept. 11, the act grants the executive branch of the federal government additional powers to investigate and detain suspected terrorists.
Personal Data Protection Directive: European Union directive that requires contracts to have an opt-in provisions in contracts between consumers and businesses.
Opt-In Provision: Cause in contract that the customer must take affirmative action and request to have information made available to a data bank.
Safe Harbor Privacy Principles: U.S. Department of Commerce issued this document setting out principles for businesses to adopt. EU agreed to allow U.S. companies to conduct business within the EU if they have adopted these principles.
Comity: Deference that one nation gives to the laws and judicial decrees of another nation, based on respect.
Act of State Doctrine: Doctrine created by the judiciary that provides that the judicial branch of one country will not examine the validity of public acts committed by a recognized foreign government within its own territory.
Expropriation: Government seizure of a privately owned business or goods for a proper public purpose and with just compensation.
Confiscation: Taking property without proper public purpose or just compensation being awarded.
Sovereign Immunity: Doctrine that states that a person cannot sue the government withoutits permission.

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