LST 2012 Jan 26 240 sg 1-6

Chapter 4 1 what does it mean to say that we live

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Chapter 4 1. What does it mean to say that we live under a system of dual sovereignty? Federalism 2. What is the Supremacy Clause? Federal law takes precedence over conflicting state laws. 3. Which constitutional power has enabled the federal government to establish extensive regulation of the national economy? Commerce power 4. Which article and section list the powers of the Congress? 5. What is eminent domain? Can the government take one property from one private party and give it to another? How? The power of a government to take private property for public use upon payment of fair compensation. 6. Do corporations have first amendment rights? Yes 7. What is substantive due process? Procedural due process? Require that governmental action be compatible with individual liberties.
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Requirement that governmental action depriving a person of life liberty, or property be done though a fair procedure. Chapter 5 1. What is administrative law? The branch of public law that is created by administrative agencies in the form of rules, regulations, powers, and decisions to carry out the regulatory powers and duties of those agencies. 2. What is an administrative agency? What are other terms used to refer to administrative agencies? Government entity having authority to affect the rights of private parties. 3. How do administrative agencies make “law”? Rulemaking 4. What does the APA require an agency to provide when exercising its rulemaking power? Prior notice of a proposed rule, usually by publication in federal register. 5. What is required before a party can bring court action against an agency? 6. Which questions of law are asked by a court reviewing the activities of an administrative agency? 7. How do the legislative and executive branches exercise control over administrative agencies? 8. What is a FOIA request? Freedom of information act Chapter 6 1. What is a crime? An act or mission in violation of a public law and punishable by the government. 2. What is vicarious liability? Can an employer be vicariously liable for the criminal acts of their employees?
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