Criminal Law Flashcards

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Contract law
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An automobile company wants to change the supplier of its component parts which will lead to a breach of their agreement that is valid for three years. Which area of business law will best govern the legal aspects of this decision?
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The guilty defendant of a civil case is never incarcerated whereas the guilty dependent of a criminal case can be incarcerated
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Statements that accurately bring out the difference between civil and criminal law
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Legal positivism
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Ensures that morality does not interfere with our inclination to obey the law
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Law can never be enforced with complete consistency because the environment is ever changing
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Where does the concept of legal realism primarily rest?
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Administrative law
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If the food safety and inspection service requires the labeling on egg cartons to include the products expiry date, the law that would cover this rule would be
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Treaty
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Best described as a binding agreement between two states or international organization
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Natural law
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Describes certain ethical laws and principles believed to be morally right and above the laws devised by humans
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Common law
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Best described as the collection of legal interpretations made by judges
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Private law
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Law governing a dispute between a tenant and a landlord over payment of rent
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Business law
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Consists of the enforceable rules of conduct that govern commercial relationships
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To encourage social justice
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An intended and essential purpose of law
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Considering the impact on the world if the decision were adopted by all businesses
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A way to take the universalist ion test for a business owner making a decision
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Ethical conceptions bad shape business law and business relationships uniquely in each country
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True of business ethics
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Ethical relativism
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Which theory of business ethics denies the existence of objective moral standards
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It provides a rigid set of rules to follow regardless of the situation
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Why is ethical fundamentalism difficult to follow?
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Ethical dilemma
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Best described as a problem about what s firm should do for which no clear right decision is available
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Choosing a lawful way to compete against rival firms
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For s firm to be an ethical business, the minimum standard to be met would be
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Public disclosure test
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Also called the television test because it requires us to imagine that our actions are being broadcast on national television
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Justice
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The human resource policy of s company states that the company aims to treat all humans identically, regardless of race, class, gender, age and sexual preference. Which of the following values influencing business ethics illustrates this?
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Stakeholders
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Best described as the many groups of people affected by the firms decisions
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An action is moral only if it would be consistent for everyone in society to act in the same way
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Under deontology, the categorical imperative proposed to determine whether an action is right states that
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Ethical dilemma
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Term that would best describe the situation Acme Foods Inc. is experiencing
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Values
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Best described as positive abstractions that capture our sense of what is good or desirable
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Ethics of care
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Holds that the right course of action is the option most consistent with the building and maintaining of human relationships
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Operate in a community that has expectations from the business
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Businesses have social responsibilities that they need to honor because they
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When it gives the defendant a copy of the complaints and a summons
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At which stage of a case proceeding does a court acquire in personal jurisdiction?
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They have the power to hear and decide cases when they first enter the legal system
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What is true of trial courts?
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It enables courts to serve defendants outside the state as long as the defendant has sufficient minimum contacts within the state
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Why have most states enacted a long arm statue?
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Defendant resides
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For a law case, venue is appropriate in the country where the
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Rights given to a party to challenge a certain number of potential jurors without a giving a reason
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What is meant by peremptory challenges?
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Federal question cases
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Which law case would fall under concurrent federal jurisdiction?
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They have the power to review previous judicial decisions passes by trial courts
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Which is true of appellate courts?
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Cases related to bankruptcy
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Which law cases fall under exclusive federal jurisdiction?
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Directed verdict
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A verdict for the defendant as the jury would have no legal basis for decision in favor of the plaintiff even if it regarded the pantiffs claims to be true
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When the defendant fails to answer to the copy of the complaint sent by the court
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When does default judgment occur?
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The court should be able to render a decision that will solve the existing problem
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A necessary condition for a justiciable controversy
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Plaintiff has a personal stake in the outcome of the case
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A lawsuit is standing only when the
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The plaintiff should not reside in the same state as the defendant
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Condition a diversity of citizenship case satisfy
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Negotiation
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What form of ADR is used in the red resource and coral techno case?
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Helping each party listen to their opponents concerns
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What is one of the main goals of a mediator in a dispute??
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The absence of official written records of the hearing
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Which differentiates an arbitration proceeding from a trial?
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They are not bound by precedent as judges are
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An advantage that arbitrators have over judges is?
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Refusing to hear relevant evidence
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What can form grounds for disputing an arbitrators decision in a court of law?
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Confidentiality associated with an arbitration proceeding can be misleading
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A disadvantage of arbitration
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A specific dispute will be resolved through arbitration
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A submission agreement is a contract stating that
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Each judge in the summary trial can set his or her own rules
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A summary jury trial
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The process of mini trial is less costly
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Why is mini trial preferred to arbitration?
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One of the parties did not have the authority to enter into a legal contract
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A defense to lack enforcement of the arbitration award
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Asministrative law
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The law that consists of the substantive and procedural rules created by the bodies of the city, county, state, or federal government that carry out specific regulatory duties such as governing applications, permits, licenses available info, hearings, appeals and decision making
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Administrative agencies
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Have legislative, judicial, and executive powers
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The interstate commerce commission
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The first federal administrative agency
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An order to appear and bring specified documents
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At times agencies use their investigate power, defined in their legislation, to gather information. Such powers typically include the power to issue an order to appear at s particular time and place and provide testimony and
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The commissioners of the independent agency serve fixed terms and cannot be removed except for cause
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True about independent agencies
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Agencies could decide on their own how to make rules
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Before the passage of the administrative procedures act, the
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Federal register
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The official daily publication for executive orders and other presidential documents
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It is most often used because it is more efficient for an agency in terms of time
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True about informal rule making procedures
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Difference between the formal and informal rule making by the administrative agencies
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Formal rule making requires a public hearing at which the witnesses are subject to cross examination unlike in the case of informal rule making
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Exempted rule making
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In what rule making is the administrative procedures act allowed an agency to decide whether public participation will be allowed in rule making proceedings with regard to military or foreign affairs and agency management or personnel
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Have no binding impact on anyone
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General policy statements are exempted from rule making procedures because they
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Reg neg rule making procedures
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When each concerned interest group and the agency itself sends a representative to bargaining sessions led by a mediator.
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Political limitation on agency powers
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Power of the senate to approve nominees for agency heads in an…
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Government in sunshine act
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Requires that agency business meetings be open to the public when a quorum is present and if the agency is headed by a collegiate body
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Privacy act
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Requires the federal agency to take the concerned individuals consent before disclosing any information about the individual to other agencies or organizations
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The court lacked jurisdiction because the plaintiffs had not exhausted their appeal rights through the zoning authorities
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Result in the Murphy v. New Milford zoning commission
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The interpretation of the department of motor vehicles of state law was incorrect and that it had no authority to revoke the class C license
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The result in the Yan Ju Wang v. George valveless
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Agencies have legislative, executive and judicial powers
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Regarding types of powers administrative agencies have?
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Procedural
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Rules regarding the internal operations of an agency
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Subpoena
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An order issued by an agency to appear at a particular time and place and provide testimony
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Executive or independent
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Agencies are classified as either
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Social and economic regulation
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What executive agencies focus on and what independent agencies are focused on
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Hybrid
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Used to refer to agencies that do not clearly fall into either the classification of an executive agency or the classification of independent agency
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30
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The date on which a rule becomes effective must be at least how many days after publication of the final rule in the federal register?
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A belief that agency officials are unduly influenced by past ties to the industry regulated by the agency
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Involved when an agency is referred to as a captured agency
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Approved
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Not a basic limit on agency power
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Congress
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Who has the power to dissolve federal agency?
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Federalism
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A system of government in which the authority to govern is divided between federal and state governments
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Checks and balances
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Allocates specific powers to each branch of the government to keep the other branches from dominating the government
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Federal supremacy
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A clause which annuals any state or local law that directly conflicts with the United States constitution or federal laws
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Commerce clause
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Grants the federal government the authority to pass regulations that significantly affect interstate commerce
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Full faith and credit clause
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Requires that courts in all states uphold contracts and public acts established in other states as long as they do not violate their public policy
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Political speech
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A shipping corporation supporting the campaign of an Ohio congressman for the post of governor would be protected by the first amendment u Dee the category of
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The first amendment right to free speech is not absolute
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True of the first amendment to the United States constitution
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Fourth amendment
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Government and law enforcement officials can conduct a search on personal property only if they have a court issued search warrant. This right is given by the
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Takings clause
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When government takes private property for public use, it must pay the owner just compensation or fair market value for his property
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14th amendment
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Prevents states from denying the equal protection of the laws to any citizen
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Police power
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The residual powers retained by each state to safeguard the health and welfare of its citizenry
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The dormant commerce clause
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Restrictions on states authority to pass laws that substantially affect interstate commerce are referenced by
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The privileges and immunities clause
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Prohibits states from discriminating against citizens of other states when those no residents engage in ordinary and essential activities such as seeking employment
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14th
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Which amendment extends most of the provisions of the bill of rights to the state?
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8th
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Which amendment prohibits cruel and unusual punishment
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1st
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Which amendment protects freedom of religion?
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Government can not make a law establishing religion
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Establishment clause of the first amendment provides that
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Search warrant
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A court order that authorizes law enforcement agents to search for or seize items specifically described in the warrant
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When they can establish probable cause
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When can government agents obtain a search warrant?
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Pervasive regulation exception
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An exception to the rule that administrative searches require search warrants
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5th amendment
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Which amendment protects against double jeopardy
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5th amendments taking clause
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Requirement that the government pay the owner just compensation if the government wants to take private property for public use
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Strict scrutiny
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If a law prevents individuals from exercising a fundamental right, the law will be subject ton

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