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42 Cards in this Set
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Bill of Rights |
The first ten amendments to theU.S. Constitution. I All powers expressly "reserved" to the states fall under the Tenth amendment.Which of the following would NOT be regulated at the state level? Interstate Commerce laws |
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checks and balances |
The system by whicheach of the three branches of the national government(executive, legislative, and judicial) exercises checks on thepowers of the other branches |
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commerce clause |
The provision in Article I, Section8, of the U.S. Constitution that gives Congress the power to regulate interstate commerce I Article 1, Section8, of the U.S. Constitution impacts business greatly and is referred to as the_______ II If you are a farmer whogrows and sells locally, can youconclude that the Commerce Clause does NOT apply to your activities and actions? --No, because the Supreme Court and Congress haveinterpreted the Commerce Clause extremely broadly. |
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compelling government interest |
A test of constitutionality that requires the government to have compelling reasons for passing any law that restricts fundamental rights,such as free speech, or distinguishes between people based on a suspect trait I The compelling government interest test is used by the courts to determine whether a law regulating the content of speech will be permissible. |
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due process clause |
The provisions ofthe Fifth and Fourteenth Amendments to the Constitution that guarantee that no person shall be deprived of life, liberty, or property without due process of law.Similar clauses are found in most state constitutions |
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equal protection clause |
The provision in the Fourteenth Amendment to the Constitution that guarantees that no state will “deny to any person within its jurisdiction the equal protection of the laws.” This clause mandates that state governments treat similarly situated individuals in a similar manner 1 Gooding, R hodeIsland, passes a law allowing only two street vendors to operate in a specific area for the purpose of reducing traffic. The court would likely review this ordinance under the principles of: |
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establishment clause |
The provision in the First Amendment to the U.S. Constitution that prohibits Congress from creating any law “respecting an establishment of religion.” |
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federal form of government |
A system of government in which the states form a union and the sovereign power is divided between a central government and the member states..... I What type of government did the U.S. Constitution create? Federal |
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filtering software |
A computer program that includes a pattern through which data are passed. When designed to block access to certain Web sites, the pattern blocks the retrieval of a site whose URL or key words are on a list within the program.. |
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free exercise clause |
The provision in the First Amendment to the U.S. Constitution that prohibits Congress from making any law “prohibiting the free exercise” of religion. |
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full faith and credit clause |
A clause in Article IV, Section 1, of the Constitution that provides that “Full Faith and Credit shall be given in each State to the public Acts, Records, and Judicial Proceedings of every other State.” The clause ensures that rights established under deeds, wills, contracts, and the like in one state will be honored by the other states and that any judicial decision with respect to such property rights will be honored and enforced in all states. |
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meta tags |
Words inserted into a Web site’s key-words field to increase the site’s appearance in search engine results. |
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police powers |
Powers possessed by states as part of their inherent sovereignty. These powers may be exercised to protect or promote the public order, health, safety, morals, and general welfare. I What type of powers do the states have to regulate or prohibit private activities? |
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preemption |
A doctrine under which certain federal laws preempt, or take precedence over, conflicting state or local laws. I When there is a direct conflict between a federal and a state law, the state law is rendered invalid. 2 Congress sets out amedical-device approval process for the Food and Drug Administration. The lawincludes a preemption provision. A device that goes through the process injures Eric, who sues under state law to recover. The court will most likely rule that: The federal law preemptsEric's state law claims |
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privileges and immunities clause |
ArticleIV, Section 2, of the Constitution requires states not to discriminate againstone another’s citizens. A resident of one state cannot be treated as an alienwhen in another state; he or she may not be denied such privileges andimmunities as legal protection, access to courts, travel rights, and propertyrights |
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probable cause |
Reasonable grounds to believe the existence of facts warranting certain actions, such as the search or arrest of a person. 1 Search warrants typically are given when there is __________ |
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search warrant |
An order granted by a public authority, such as a judge, that authorizes law enforcement personnel to search particular premises or property. 1 Usually law officers must obtain a ____ before searching or seizing private property. |
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sovereignty |
The quality of having independent authority over a geographic area. For instance, stategovernments have the authority to regulate affairs within their border |
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supremacy clause |
The provision in Article VI of the Constitution that provides that the Constitution, laws, and treaties of the United States are “the supreme Law of the Land.” Under this clause, state and local laws that directly conflict with federal law will be rendered invalid. |
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symbolic speech |
Nonverbal conduct that expresses opinions or thoughts about a subject. Symbolic speech is protected under the First Amendment’s guarantee of freedom of speech.. |
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Legislative Branch |
Role: Makes the laws Example: But theexecutive branch has the constitutional authority to veto that law |
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Judicial Branch |
Role: Interprets thelaws Example: Has thepower to hold actions of the other two branches unconstitutional |
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Executive Branch |
Role: Enforces the law Example Responsiblefor foreign affairs; but treaties with foreign governments require the adviceand consent of senate |
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Supreme Court |
In 1824, the Supreme Court decided the landmark case Gibbons vs Ogden , which ruled that commerce within the states could also be regulated by the national government. |
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First Amendment |
Guarantees the freedoms of religion, speech, and the press and the right to assemble peaceably and petition the government I As originally intended, the first ten amendments to the Constitution limited only the power of -- the federal government. |
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individuals and corporations |
Provisions of the Fifth and Fourteenth Amendments guaranteethat no person shall bedeprived of life, liberty, or property without due process of law and this clause appliesto all "legal persons," including |
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Fourth Amendment |
Prohibits unreasonable searches and seizures of person or property IThe Fourth Amendment protects the "right of the people to be secure in their persons, houses, papers, and affects |
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Ninth Amendment |
Establishes that the people have rights in addition to those specified in the constitution. |
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Procedural due process |
The government must give a person proper notice and an opportunity to be heard so that procedures are fair 1 A Kansas City law imposes prison terms without a trial on street entertainers who operate in certain areas. A court would likely review this statute under the principles of 2 Someone tells the dean of your college that he saw you cheating on an exam. The dean kicks you out of school. What type of due process has the dean probably violated? |
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Substantive due process |
Limits whatgovernment may do in its legislative and executive capacities legislation mustbe fair and reasonable |
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USA Patriot Act |
The _______ greatly expanded the authority of government to monitor e-mails and Web site visits. |
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Griswoldv. Connecticut |
In which landmark 1965 case did the Supreme Court hold that a constitutional right of privacy is implied by the First, Third, Fourth, Fifth, and Ninth Amendments? |
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Yes,because males and females are not similarly situated and the state has aninterest in preventing illegal teenage pregnancies. |
Most statutory rape laws apply to men, but not to women. Do these laws pass intermediate scrutiny ? |
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administrative agency |
A federal, state, or local government agency established to perform a specific function. Administrative agencies are authorized by legislative acts to make and enforce rules to administer and enforce the acts. I ________ are created to: -- Perform specific government functions |
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administrative law |
The rules, orders and decisions of federal state, or local government administrative agencies. I Administrative Law : The rules, orders and decisions of federal state, or local government administrative agencies. II Assume that Congress passes a law establishing a new administrative agency to oversee cyber law issues. The agency writes rules to enable it to carry out its duties. The rules written by the agency will be known as a part of |
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allege |
To state, recite, assert, or charge. |
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appellant |
The party who takes an appeal from one court to another. I The appellant is the party who appeals a lower court's decision. II Monroe is reviewing an appellate case for class and must correctly identify the parties to the case. The party appealing the case is known as the |
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binding authority |
Any source of law that a court must follow when deciding a case. Binding authorities include constitutions, statutes, and regulations that govern the issue being decided, as well as court decisions that are controlling precedents within the jurisdiction. I A source of law that courts must follow when deciding a case is called a binding authority. A binding authority does NOT include which of the following opinions from trusted newspapers II Select the order for the following words to form the basic steps in legal reasoning:Issue → Rule → Application → Conclusion |
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case law |
The rules of law announced in court decisions. _____ includes the aggregate of reported cases that interpret judicial precedents, statutes, regulations,and constitutional provisions. I _____ is derived from judges' decisions for actual cases. |
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case on point |
A previous case involving factual circumstances and issues that are similar to those in the case before the court. |
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chancellor |
An adviserto the king at the time of the early king’s courts of England. Individualspetitioned the king for relief when they could not obtain an adequate remedy ina court of law, and these petitions were decided by the chancellor |
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citation |
A reference to a publication in which a legal authority—such as a statute or a court decision—or other source can be found. I In the field of legal research, a "citation" is:a reference to a publication in which a legal authority can be found. |
