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BUL 5810 Business Law Chapter 3 (1).

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BUL 5810 Business Law Chapter 3 (1).

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BUL 5810 Business Law Chapter 3
Commerce clause - ANS-Congressional power to regulate commerce with foreign nations, and
among the several states, and with the Indian tribes.

Commercial speech - ANS-Communication that involves only the commercial interests of the
speaker and audience; afforded less protection under the First Amendment than the protection
for religious, political, or social speech

Due process - ANS-Prohibits the government from unfairly or arbitrarily depriving a person of
life, liberty, or property.

Equal protection - ANS-14th Amendment; persons under like circumstances must be given the
same rights.

Federal supremecy - ANS-Foundation of government's power over the states; 'acts of the
Federal Government are operative as supreme law throughout the union'; federal law preempts
state law

Full faith and credit - ANS-Requires states to recognize legislative acts and judicial decisions of
other states.

Incorporation - ANS-Applying some of the Bill or Rights to the states by interpreting the 14th
Amendment, due process clause, as encompassing those provisions.

Interstate commerce - ANS-Dealings and traffic between citizens and inhabitants of different
states.

Judicial review - ANS-A court's power to review the actions of other branches of government,
i.e. declaring executive and judicial decisions unconstitutional.

Privileges and immunitites - ANS-Constitutional provision that a state cannot discriminate
against non-residents SIMPLY because they are non-residents.

Procedural due process - ANS-Procedural fairness is required when the government seeks to
deprive one of life, liberty, or property. Requires notice and a hearing.

Separation of powers - ANS-Doctrine prohibiting one branch of government, either state or
local, from infringing or encroaching upon exercising the powers belonging to another branch.

State action - ANS-An intrusion on a person's rights either by the government or by a private
requirement that can be enforced only by government action.

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