Business Law Ch 5 – Flashcards
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Commerce Clause
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A clause of the U.S Constitution that grants Congress the power 'to regulate commerce with foreign nations, and among the several states, and with Indian tribes.'
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Indian Gaming Regulatory Act
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a federal statute that establishes the requirements for conducting casino gambling and other gaming activities on tribal land. it requires states to do so in good faith
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State's police power
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power that permits states and local government to enact laws to protect or promote the public health, safety, morals, and general welfare. includes state real property laws, personal property laws, and state environmental laws
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Bill of Rights
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The first 10 amendments to the constitution that were added to the U.S Constitution in 1971. it guarantees certain fundamental rights to natural persons and protects these rights form intrusive government action
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Freedom of Speech types
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the right to engage in oral, written, and symbolic speech protected by the first Amendment. the types are fully protected, limited protected and unprotected
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Protected symbolic speech
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Speech that the government cannot prohibit or regulate
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Limited protected speech
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speech that the government may not prohibit but that is subject to time, place and manner restrictions; this includes offensive speech and commercial speech
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Commercial speech
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Speech used by businesses, such as advertising. it is subject to tie, place, and manner restrictions
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Unproteced speech
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speech that is not prote ted by the first amendment and may be fornidden by the government
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Dangerous speech
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Unprotected speech that includes yelling things like fire in a crowded movie theater
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Fighting words that tare likely to provoke a hostile or violent response form an average person
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Unprotected speech; calling people names based of race or ethnicity
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Speech that incites the violent or revolutionary overthrow of the government
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Unprotected speech
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Defamatory language
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Unprotected speech; committing slander by writing or telling untrue statements about another person
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Obscene speech
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Unprotected speech
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Equal Protection Clause
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A clause from the 14th Amendment that provides that a state cannot 'deny to any person within its jurisdiction the equal protection of the laws.'
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Intermediate Scrutiny Test
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A test that is applied to classifications based on protected classes other than (e.g gender) i.e it has been found constitutional that males sign up for the military but females don't have to
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Substantive Due Process
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A category of due process that requires that government statues ordinances, regulations, or other laws be clear on their face and not overly broad in scope
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Procedural Due Process
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A category of due process that requires that the government give a person proper notice and hearing of the legal action before that person is deprived of his or her life, liberty or property
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Privileges and Immunities Clause
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A clause that prohibits states form enacting laws that unduly discriminate in favor of their residents Ex. residents of one state have the right to freely travel to other states
