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BUSINESS LAW
CHAPTER 002: CONSTITUTIONAL LAW
8
Law
Professional
06/17/2009

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Term
FEDERAL GOVT
Definition
System of govt in which the states form a union & sovereign power divides bet. central govt & member states
Term
SYMBOLIC SPEECH
Definition
Nonverbal expressions of beliefs. Includes gestures, movements, clothing. Given substantial court protection.
Term
STANDARDS OF OBSCENITY
Definition
1) The average person finds that it violates contemporary community standards 2) the work taken as a whole appeals to a prurient interest in sex 3) the work shows patently offensive sexual conduct 4) work shows no redeeming quality of literary, artistic, political, scientific merit
Term
ESTABLISHMENT CLAUSE
Definition
Provision in the 1stA prohibiting govt from est. any state-sponsored religion/enacting any law promoting religion or favors one religion over another
Term
FREE EXERCISE CLAUSE
Definition
Provision in 1stA prohibiting govt from interference w/ religious practice/form of worship
Term
DUE PROCESS CLAUSE
Definition
Provisions in 5th & 14thA that guarantee no person deprived of life, liberty, oir property w/o due process of law
Term
PROCEDURAL DUE PROCESS
Definition
Requires that govt decision to take life, liberty, property must be made in fairness. Accused must be allowed opportunity to object to a proposed action before a fair/neutral decision maker.
Term
SUBSTANTIVE DUE PROCESS
Definition
Process focusing on content of legislation. Unaffected areas are interstate travel, privacy, voting, all 1stA rights
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