Fundamental Powers Of The State Flashcards

0
Q

Basis of Police power

A

Public necessity & the right of the State & of the public to Self-protection & Self-preservation.

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1
Q

I Police Power

A

Law of overruling necessity

-power promoting public welfare by restraining and regulating the use of liberty & property.

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2
Q

Characteristic of Police power

A

It is the most Pervasive, the least Limitable, & the most Demanding of the 3powers.

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3
Q

II Power of Eminent domain

A

Right/power of the state to forcibly take private property for public use upon payment of just compensation.

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4
Q

Basis of Power of Eminent domain

A

Necessity of the property for public use.

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5
Q

6 Requisites of power of eminent domain

N.p.t-p.j.d

A
1 n-ecessity
2 p-rivate property
3 t-aking
4 p-ublic use
5 j-ust compensation
6 d-ue process of law
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6
Q

III POWER OF TAXATION

A

Power by which the state raises revenue to defray the necessary expenses of the Government.

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7
Q

Scope of power of taxation

A

Cover persons, property or occupation to be taxed within taxing jurisdiction.

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8
Q

Basis of Power of Taxation

A

Power emanating from necessity (lifeblood theory).

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