BUSINESS LAW CH 5
Terms
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- ATTACHMENT
- A court order seizing property of a party to a civil action, so that there will be sufficient assets available to pay the judgment.
- COMMERCE CLAUSE
- One of the powers granted by Article I, it gives Congress exclusive power to regulate international commerce and concurrent power with the states to regulate domestic commerce.
- COMMERCIAL SPEECH
- Communication, such as television advertisements, that has the dominant theme of proposing a commercial transaction.
- DUE PROCESS CLAUSE
- Part of the Fifth Amendment. Ensures that before depriving anyone of liberty or property, the government must go through procedures which ensure that the deprivation is fair.
- EMINENT DOMAIN
- The power of the government to take private property for public use.
- EQUAL PROTECTION CLAUSE
- Part of the Fourteenth Amendment, it generally requires the government to treat equally situated people the same.
- FACTFINDER
- The one responsible, during a trial, for deciding what occurred, It is either the jury or, in a jury-waived case, the judge.
- FRAMERS
- Founding Fathers
- FUNDAMENTAL RIGHTS
- In constitutional law, those rights that are so basic that any governmental interference with them is suspect and likely to be unconstitutional.
- JUDICIAL ACTIVISM
- The willingness shown by certain courts to decide issues of public policy, such as constitutional questions and matters of contract fairness
- JUDICIAL RESTRAINT
- A court's preference to abstain from adjudicating major social issues and to leave such matters to legislatures.
- JUDICIAL REVIEW
- The power of the judicial.
- NEGATIVE OR DORMANT ASPECT OF THE COMMERCE CLAUSE
- The doctrine that prohibits a state from any action that interferes with or discriminates against interstate commerce.
- POSITIVE ASPECT OF THE COMMERCE CLAUSE
- The power granted to Congress to regulate commerce between the states.
- PREEMPTION
- The doctrine, based on the Supremacy Clause, by which any federal statute takes priority whenever (1) a state statute conflicts or (2) there is no conflict but Congress indicated an intention to control the issue involved.
- PROCEDURAL DUE PROCESS
- Due Process Clause
- SEPARATION OF POWERS
- The principle, established by the first three articles of the Constitution, that authority should be divided among the legislative, executive, and judicial branches.
- SUBSTANTIVE DUE PROCESS
- Due Process Clause
- SUPREMACY CLAUSE
- From Article VI of the Constitution, it declares that federal statutes and treaties take priority over any state law if there is a conflict between the two, or even absent a conflict if Congress manifests an intent to preempt the field.
- TAKINGS CLAUSE
- Part of the Fifth Amendment, it ensures that when any governmental unit takes private property for public use, it must compensate the owner.
- THREE-FIFTHS CLAUSE
- A clause in Article 1, Section 2 of the United States Constitution, now void and regarded as racist, which required that for purposes of taxation and representation, a slave should be counted as three-fifths of a person.
- TRESPASS
- A tort committed by intentionally entering land that belongs to someone else or remaining on the land after being asked to leave.