Legal environment of business chapter 2

federal form of government

a system of government in which the states form a union& the sovereign is divided between a central government & the number states

police powers

powers possessed by states as part of their inherent sovereignity. these powers may be exercised to protect or promote the public order, health, safety, morals & general welfare

sovereignity

the quality of having independent authority over a geographic area. for instance, state governments have the authority to regulate affairs within their borders.

privileges & immunities clause

a clause in article IV, section 2 of the U.S. constitution that requires states not to discriminate against one anothers citizens. a resident of the one state can’t be treated as an alien when in another state, he or she may not be denied such privileges & immunities as legal protection, access to courts, travel rights, & property rights

full faith & credit clause

a clause in article IV, section 1, of the U.S constitution that provides that “full faith & credit shall be given in each state to the public acts, records, and judical proceedings of every other state.” the clause ensures that rights established under deeds, wills, contracts & the like in one state will be honored by the other states & that any judicial decision with respect to such property rights will be honored & enforced in all states

commerce clause

the provision in article I, section 8, of the U.S. constitution that gives congress the power to regulate interstate commerce

checks & balances

the system by which each of the 3 branches of the U.S. national government (executive, legislative, & judical) exercises checks on the powers of the other branches

supremacy clause

the provision in article VI of the U.S. constitution that provides that the constitution, laws, and treaties of the U.S. are “the supreme Law of the land”, under this clause, state and local laws that directly conflict with federal law will be rendered invalid

preemption

a doctrine under which certain federal laws preempt or take precedence over, conflicting state or local laws

symbolic speech

nonverbal conduct that expresses opinions or thoughts about a subject. symbolic speech is protected under the 1st amendments guarantee of freedom of speech

bill of rights

the 1st 10 amendments of the U.S. constitution

compelling government interest

a test of constitutionality that requires the government to have compelling reasons for passing any law that restricts fundamental rights, such as free speech, or distinguishes between people based on a suspect trait

filtering software

a computer program that screens incoming data accoring to rules built into the software & controls access to websites with content not consistent with these rules

meta tags

word inserted into a websites key words field to increase the sites appearance in search engine results

establishment clause

the provision in the 1st amendment to the U.S. constitution that prohibits congress from establishing a state sponsored religion, as well as from passing laws that promote religion or show a preference for one religion over another

free exericise clause

the provision of the 1st amendment of the U.S. constitution that prohibits congress from making any law “prohibiting the free exercise” of religion

search warrant

an order granted by a public authority such as a judge, that authorizes law enforcement personnel to search particular premises or property

probable cause

reasonable grounds for beleiving that a search should be conducted or that a person should be arrested

due process clause

the provisions of the 5th or 14th amendments of the U.S. constitution that guarantee that no person shall be deprived of life, liberty, or property without due process of law. similar clauses are found in most state constitutions

equal protection clause

the provision in the 14th amendments to the U.S. constitution that garantees that no state will “deny to any person within its jurisdiction the equal protection of the laws” this clause mandates that state governments treat similarly situated individuals in a similar manner