Business Law Chap 1

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Question Answer
Compelling government interest
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a test of constitutionality that requires the government to have convincing reasons for passing any law that restricts fundamental rights (such as free speech), or distinguishes between people based on a suspect trait.
Concurring opinion
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a court opinion by one or more judges (or justices) who agree with the majority but want to make or emphasize a point that was not made or emphasized in the majority’s opinion.
Constitutional law
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the body of law derived from the U.S. Constitution and the constitutions of the various states.
Criminal law
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the branch of law that defines and punishes wrongful actions committed against the public.
Cyberlaw
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an informal term used to refer to all laws governing electronic communications and transactions, particularly those conducted via the Internet.
Defendant
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one against whom a lawsuit is brought or the accused person in a criminal proceeding.
Dissenting opinion
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a court opinion that presents the views of one or more judges (or justices) who disagree with the majority’s decision.
Due process clause
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the provisions in the Fifth and Fourteenth Amendments that guarantee that no person shall be deprived of life, liberty, or property without due process of law- state constitutions often include similar clauses.
Enabling legislation
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the provision in the First Amendment that prohibits the government from establishing any state-sponsored religion or enacting any law that promotes religion or favors one religion over another.
Equal protection clause
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the provision in the Fourteenth Amendment that requires state governments to treat similarly situated individuals in a similar manner.
Establishment clause
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a statute enacted by Congress that authorizes the creation of an administrative agency and specifies the name, composition, purpose, and powers of the agency being created.
Federal form of government
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a system of government in which the states form a union and the sovereign power is divided between the central government and the member states.
Free exercise clause
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the provision in the First Amendment that prohibits the government from interfering with people’s religious practices or forms of worship.
International law
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law that governs relations among nations.
Interpretive rules
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nonbinding rules or policy statements issued by an administrative agency that explain how it interprets and intends to apply the statutes it enforces.
Law
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a body of enforceable rules governing relationships among individuals and between individuals and their society.
Legislative rule
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administrative agency rules that carry the same weight as congressionally enacted statutes.
Majority opinion
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a court opinion that represents the views of the majority (more than half) of the judges (or justices) deciding the case.
National law
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law that pertains to a particular nation (as opposed to international law).
Ordinance
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a regulation enacted by a city or county legislative body that becomes part of that state’s statutory law.
Per Curiam opinion
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a court opinion that does not indicate which judge (or justice) authored the opinion.
Persuasive authority
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any legal authority or source of law that a court may look to for guidance but need not follow when making its decision.
Plaintiff
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one who initiates a lawsuit.
Plurality opinion
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a court opinion that is joined by the largest number of the judges (or justices) hearing the case, but less than half of the total number.
Police powers
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powers possessed by the 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.
Precedent
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a court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts.
Preemption
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a doctrine under which certain federal laws preempt, or take precedence over, conflicting state or local laws.
Procedural law
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law that establishes the methods of enforcing the rights established by substantive law.

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