LAW 308-4

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LAW 308-4
2012-09-30 20:51:15

Law exam review ch 4
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  1. Federalism
    the division of governing power between the federal government nd the states
  2. Federal Supremacy
    Federal law takes precedence over conflicting state law
  3. Federal Preemtion
    right of federal government to regulate matters within its power to the exclusion of regulation by the states
  4. Judicial Review
    examination of governmental actions to determine whether they conform to the U.S. Constitution
  5. Seperation of Power
    allocation of powers among executive, legislative, and judicial branches of government
  6. State Action
    actions of governments to which constitutionl provisions apply
  7. Federal Commerce Power
    exclusive power of federal government to regulate commerce with other nations and among states
  8. State Regulation of Commerce
    the commerce clause of the constitution restricts the states power to regulate activities if the result obstructs interstate commerce.
  9. Federal Fiscal Powers
    Taxation and Spending
    the constitution grants congress broad powers to tax and spend; such powers are important to federal governemtn regulation of the economy
  10. Federal Fiscal Powers
    Borrowing and Coining money
    enables the federal government to establish a national banking system and to control national fiscal and monetary policy
  11. Federal Fiscla Powers
    Eminent Domain
    The governments power to take private property for public use with the payment of just compensation.
  12. Contract Clause
    restricts states from retroactivly modifying contracts
  13. Freedom of speech
    first ammendment protects most speech by using a strict scrutiny standard.
  14. Corporate Political Speech
    First Ammendment protects a corporaions right to speak out on political issues
  15. Commercial Speech
    expresion related to the economic interests of the speaker and its audience. Such expression recieves a lesser degree of protection
  16. Defamation
    a tort consisting of a false communicaiton that injures a person's reputation such a commmunication recieves lmited constitutional protection
  17. Due Process
    Fifth and Fourteenth ammendments prohibit the federal and state government from depriving any person of life liberty or property
  18. Equal Protection
    requires that similarly situated persons be treated similarly by governemtn actions
  19. Substaitive Due Process
    determination of whether a particular governmental action is compatible with individual liberties
  20. Procedural Due Process
    requires the governmental decision-making process to be fair and impartial if it deprives of life, liberty, or property
  21. Rational Relationship Test
    standard of review used to determine whether economic regulation satisfies the equal protection guarantee
  22. Strict Scrutiny Test
    exacting standard of review appplicable to regulation affecting a fundamental right or involving a suspect classification
  23. Intermediate Test
    standard of review applicable to regulation based on gender and legitimacy