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BUSINESS LAW CHAPTER 2
Terms in this set (56)
DECLARATION OF INDEPENDENCE
Document created by Thomas Jefferson which asserted the rights the colonists desired; charged King George III of England with crimes against the people of the American colonies
ARTICLES OF CONFEDERATION
The first charter of the United States; Created (among other things): 1 house legislature, Enacted strict term limits on Congress and allowed for recall, Gave the central government the power to declare war or peace, to create treaties and alliances, to manage relations with Indian tribes, to coin money, to settle differences between states, to establish the postal system, and to appoint a Commander in Chief
Replaced the Articles of Confederation; Provided a workable framework for a federal government
BILL OF RIGHTS
1st 10 amendments to the US Constitution; Ensured that US citizens enjoyed the human rights proclaimed in the Declaration of Independence
The personal, natural rights of the individual
Requires fundamental fairness in compliance with reasonable and just laws
The Declaration of Independence was adopted on
July 4, 1776
The "inalienable rights" mentioned in the Declaration of Independence are "life, liberty, and the pursuit of
The American War of Independence lasted about
The 13 colonies originally created a common government under the "Articles of Incorporation."
False—the Articles of Confederation
Critics of the original Constitution claimed the wording failed to protect human
_____was the thirteenth state to ratify the US Constitution.
Which of the first 10 amendments guarantees freedom of the press?
The original Bill of Rights contains the right of peaceful assembly.
Term limits on representatives were imposed by the Articles of Confederation.
The right of privacy was not acknowledged as a separate right until the 1960s.
Why were the Articles of Confederation deemed unacceptable and how were they replaced?
The people felt the need for a stronger central government. The Articles were replaced with the US Constitution.
Why was the Bill of Rights adopted?
Several states felt that the Constitution failed to protect human rights.
How is the protection of individual rights continued as society's views and conditions change?
Civil rights change as people change. Therefore, protections must change also.
Why is due process so important?
Because it guarantees fundamental fairness in compliance with reasonable and just laws.
How were the parts of the Constitution such as Articles I and IV negated (made invalid) by the 13th Amendment?
The 13th amendment abolished slavery. It did away with the "a slave is only 3/5 of a person" law. It also did away with the unreasonable search for and seizure of runaway slaves.
What are peripheral rights?
Those not explicitly mentioned in the Constitution. The right to privacy is a peripheral right.
What documents were written in the course of our nation's founding?
The Declaration of Independence, The Articles of Confederation, The Constitution
How has the Constitution been a shield against violations of basic human rights?
Because of the Bill of Rights.
System of checks and balances
Division and allocation of the powers of government between its various branches
Trying a government official for misconduct in office
Private organization of citizens who select and promote candidates for public office
Change or alteration
Governmental system in which citizens vote directly to decide issues
Governmental system in which citizens elect representatives to decide issues
Freedom from external control
Trade and other commercial intercourse between or among businesses in different states
Commerce conducted wholly within one state
Under the US Constitution, all spending bills must originate in the
House of Representatives
Which powers were retained by the states?
Power to define and apply tort (personal injury) law, Power to define and apply criminal laws, Power to define and apply probate laws
Individual states in the United States can coin money.
The legislative branch of the federal government is called the
The US Senate is made up of _________________ from each state.
The US House of Representatives is made up of the same number of members from each state.
False—number of representatives depends of population.
The US Senate has the power to initiate impeachment proceedings against a US President.
False—House of Representatives
The _______________ branch of government is headed by the President.
How does the judicial branch of the federal government act as a check or balance on the legislative and executive branches?
The Supreme Court decides if the actions taken by the executive and legislative branches are constitutional.
Business and contract law, Most criminal and tort law, Real property and probate law, Domestic relations law
Protect against invasion, Raise and support armies, Establish post offices, Coin money, Tax imports and exports and income, Regulate interstate commerce
Law that is intended to govern the use of computers in e-commerce and the Internet
A kind of software used to search the Internet; Firefox, Internet Explorer/Edge, Google Chrome
Typically, when citizens of the same state sue one another, their case will be handled by
The state courts
What is obscene is now determined by one uniform national standard.
False—each state has its own laws and statutes determining what is obscene.
An employee's personal e-mail, composed and sent at work, is protected by the right of privacy.
False—any e-mail sent on company machines and company time belong to the company regardless of whether the e-mail account belongs to the individual or to the company.
If you negotiate and sell your computer on the Internet to a person in another state, would the buyer have jurisdiction over you in a suit filed in her or his home state?
Yes—interstate commerce law would apply.
Statutes that allow a citizen of one state to file suit against a non-resident of the state are called
What issues are governed by cyber law?
E-commerce, The Internet
What are long-arm statutes and how do they permit multi-jurisdictional cases to be heard in courts?
Statutes that allow a citizen of one state to file suit against a non-resident of the state are called; Various state laws apply; Deals with interstate commerce law
What are the fundamental rights of freedom of speech?
Speech, Press, Religion, Assembly, Petition, All extensions of these forms
What are the 2 legal considerations that establish jurisdiction in multi-state lawsuits?
Laws of the state in which the case is filed must allow suits against non-residents. Whether or not allowing the state or federal court to hear the case would violate due process laws.
What are the constitutional issues involved in the use of electronic communication?
Freedom of speech, Right to privacy
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