Law Exam One

Commerce Clause

Clause 3 of Article I, Section 8, of the US Constitution, which authorizes Congress to regulate commerce with foreign nations, among the states, and with Indian tribes.

Commercial Speech

Speech made by businesses about commercial matters, protected by the First Amendment as long as it passes a four-part test.

Concurrent Authority

Both the state and federal court systems have the power to render a binding verdict for this type of case.

Contract Clause

A clause in the US Constitution that prohibits the government from unreasonably interfering with an existing contract.

Dormant Commerce Clause

A restriction on states’ authority implied in the commerce clause that prohibits states from passing legislation that burdens interstate commerce.

Due Process Clause

A clause in the Fifth Amendment that ensures individuals cannot be deprived of life, liberty, or property without a fair hearing.

Equal Protection Clause

A clause in the Fourteenth Amendment that prevents states from denying any citizen "the equal protection of the laws."

Establishment Clause

One of two provisions in the First Amendment that prohibits the establishment of a national religion by Congress.

Federal Preemption

A principle asserting the supremacy of federal legislation over state legislation when both pertain to the same subject matter.

Federalism

A system of government in which power is divided between a central authority and constituent political units.

Free-Exercise Clause

A clause in the First Amendment that prohibits governmental interference with the practice of religion.

Full Faith and Credit Clause

A clause in Article IV mandating that each state recognize, respect, and enforce public records, legislative acts, and judicial decisions of other states.

Intermediate Scrutiny

A standard of review that requires a law to be necessary to achieve a substantial government interest and narrowly tailored to that interest.

Judicial Review

The power of a court to review legislative and executive actions to determine their constitutionality.

Political Speech

Speech used to support political candidates or issues, given a high level of protection by the First Amendment.

Privileges and Immunities Clause

A clause that requires states to grant citizens of other states the same legal benefits that it grants its own citizens.

Procedural Due Process

The requirement that the government use fair procedures before depriving a person of life, liberty, or property.

Strict Scrutiny

The most stringent standard of review requiring a compelling government interest and the least restrictive means of achieving that interest.

Substantive Due Process

The requirement that laws depriving an individual of life, liberty, or property must be fair and not arbitrary.

Supremacy Clause

Article VI, Paragraph 2 of the US Constitution, establishing the Constitution and federal laws as the supreme law of the land.

Takings Clause

A clause in the Fifth Amendment requiring government to pay just compensation when taking private property for public use.

Plaintiff

The person or party initiating a civil lawsuit.

Defendant

The person or party against whom a lawsuit has been initiated.

Trial Courts

Courts in which most criminal and civil cases start, responsible for determining motions and conducting hearings.

Appellate Courts

Courts that review decisions of trial courts to ensure consistency with the requirements of the law.

Complaint

A pleading setting forth the factual background, legal theories, and relief sought by the plaintiff.

Jurisdiction

The authority of a court to hear and decide a case, which can be based on geography, subject matter, or the parties involved.

Administrative Law

The collection of rules and regulations made by administrative agencies.

Business Law

The enforceable rules of conduct governing actions of buyers and sellers in market exchanges.

Cyber Law

Laws regulating business activities conducted online.

Model Laws

Laws created to standardize variations among state laws, ensuring consistency across jurisdictions.

Natural Law

The principle asserting that certain ethical laws and principles are morally superior to human-made laws.

Stare Decisis

The legal principle that requires courts to follow precedents set by previous judicial decisions.