Help
Options
Didn't know it?
click below
click below
Knew it?
click below
click below
Don't Know
Remaining cards (0)
Know
retry
shuffle
restart
0:00
Embed Code - If you would like this activity on your web page, copy the script below and paste it into your web page.
Normal Size Small Size show me how
Normal Size Small Size show me how
PMBR MBE FC ConLaw
Foundation Course: ConLaw review
| Question | Answer |
|---|---|
| Con Law - Case and Controversy Requirement | Federal Court adjudication requires an actual and definite dispute between parties having adverse legal interests. |
| Con Law - Standing | Plaintiff must show a concrete personal stake in the outcome. Constitutional Standard: 1. Injury-in fact (i.e., economic, aesthetic, environmental) 2. Causation/redressibility |
| Con Law - Justiciability | Ripeness Advisory Opinions Mootness Political Questions Standing |
| Con Law - RIPENESS | RIPENESS – For a case to be ripe, there must be a genuine, immediate threat of harm |
| Con Law - MOOTNESS | MOOTNESS – A case is moot unless an actual controversy exists at all stages of review, unless the injury is capable of repetition, yet evading review |
| Con Law - ABSTENTION | ABSTENTION • Federal court will refuse to review a case based on an unsettled issue of state law (Pullman) • Federal court review prohibited where there are pending state criminal proceedings (Younger) |
| Con Law - Presidential Powers | • Issuance of executive orders which have the binding force of law upon federal agencies • Commander in Chief • Appointment Powers • Emergency Powers • Clemency Powers |
| Con Law - Hierarchy of Laws | 1. Constitution 2. Act of Congress Treaty 3. Executive Agreement- foreign policy/affairs Executive Order – domestic policy 4. State Law |
| Con Law - Generally Wrong Answers | 1. General Welfare Clause 2. Necessary and Proper Clause 3. 14th A. Privileges and Immunities Clause 4. Contracts Clause 5. Distinction between Rights & Privileges 6. 10th Amendment- caveat New York v. U.S. |
| Con Law - Congressional Delegation of Power | Congress may delegate the task of implementing its laws to government agencies. • Allows Congress to indirectly monitor an area in which it has passed laws without becoming bogged down in enforcement details |
| Con Law - Congressional Delegation of Power valid, if: | - Congress passes enabling legislation (state or federal). - Specifies the purpose, functions, and powers. -Describes the procedures of the agency. |
| Con Law - Supremacy Clause | • Superceding Doctrine: A federal law will supersede any state law in direct conflict. • Preemption Doctrine: Any state law in an area where Congress intends to occupy the field is unconstitutional. |
| Con Law - To Uphold a State Statute | 1. Dormant Commerce Clause a. Non-discriminatory b. No undue burden on interstate commerce use a –balancing test 2. Police Power- health, safety, welfare, morals, aesthetics |
| Con Law - State Taxation | • The Federal government is immune from state taxation • Federal employees and contractors may be taxed as long as the incidence of the tax does not fall on the Federal government itself |
| Con Law - To Uphold a Federal Statute | 1. Supremacy clause 2. Any enumerated power of Congress (Art. 1, Sec. 8) 3. Federal property power |
| Con Law -Con Law Q Approach | 1. Who is passing the law 2. What is the subject matter? 3. Match the appropriate power 4. Who is affected by the law? |
| Con Law - Property Power | Congress has the power to dispose of the territory or other property belonging to the United States. |
| Con Law - Affectation Doctrine | Congress may regulate any activity which has a “substantial economic effect” on interstate commerce. |
| Con Law - Regulation of Interstate Commerce | Constitutional as long as : 1- Non Discriminatory and 2- Does not place an undue burden on Interstate Commerce |
| Con Law - State Action | A threshold requirement of conduct by the government which must be satisfied before private discrimination can be restricted. |
| Con Law - Strict Scrutiny | -Burden on government to show the regulation is Necessary to a compelling government interest -EX- Race, Alienage, National Origin |
| Con Law - Intermediate Scrutiny | -Burden on government to show the regulation is substantially related to an important government interest -EX- Gender, Illegitimacy |
| Con Law - Rational Basis Scrutiny | -Burden on plaintiff to show that the regulation is not rationally related to a legitimate government interest -EX- Poverty, Necessities, Age, Mental Retardation, Social and Economic Welfare Measures |
| Con Law - Statute Neutral on its Face | Plaintiff must show: 1) discriminatory effect, and 2) discriminatory purpose To raise the burden of persuasion above rational basis. |
| Con Law - Fundamental Right of Privacy | C Contraception A Abortion M Marriage P Procreation E Private Education R Family Relations |
| Con Law - Substantive Due Process | A term used to classify the source from which the fundamental rights (right to vote, right to travel, right to privacy) derive. |
| Con Law - Abortion (Casey) | A state may regulate abortion provided no “undue burden” is placed on a woman’s right to woman s obtain an abortion. |
| Con Law - “Fundamental” Right to Vote | Apply Strict Scrutiny: 1. Discrimination in voting 2. Reapportionment 3. Switching party affiliation 4. Ballot restrictions based on “special interests” (land ownership) |
| Con Law - Non-Fundamental Voting Rights | Apply Rational Basis: - The right to be a candidate 1. Payment of a filing fee 2. Minimum and maximum age restrictions |
| Con Law - Article IV Privileges and Immunities | Prevents economic discrimination by one state against citizens or residents of another state, unless a substantial government interest exists. |
| Con Law - Taking | A regulation that denies the owner all reasonable economically viable use of his land. |
| Con Law - “Public Use” Requirement | • Burden on the government to show the measure is rationally related to any conceivable purpose • To qualify as a “public purpose” the property does not have to be held out for use by the general public |
| Con Law - Bill of Attainder | Legislative punishment of a named group or individual without judicial trial. EX - revoking a license |
| Con Law - Procedural Due Process | The procedural safeguards of notice and a hearing are available whenever there is a serious deprivation of any life, liberty, or property interest. |
| Con Law - Ex Post Facto Laws | Unconstitutional criminal laws that: 1. Make criminal conduct that was not a crime when committed; or 2. Decrease the amount of evidence needed to convict/change the procedure(s) for conviction. |
| Con Law - “Content Specific” Regulation | I) “Protected” Speech - apply SS II) “Unprotected’ Speech 1. Clear and Present Danger 2. Defamation 3. Obscenity 4. Child Pornography 5. “Fighting words” 6. Fraudulent commercial speech |
| Con Law - “Content Neutral” Regulation of Time, Place, Manner (Method) | Apply 3-part test. Regulation must: 1. Further a significant government interest 2. Be narrowly tailored, and 3. Leave open alternative channels of communication |
| Con Law - 4 Facial Attacks | 1. Over breadth 2. Vagueness 3 Prior Restraints 4. Unfettered Discretion |
| Con Law - Public Speaking Forums | • Public Forum- streets, sidewalks, public parks -Areas generally open to public • Limited Public Forum- school rooms -Opened by state on permanent/limited basis • Non Public Forum- most other public places -Military bases, city bus... |
| Con Law - Vice Advertising (Central Hudson) | Government regulation must: 1. Directly advance 2. a substantial governmental interest 3. and be “narrowly tailored” |
| Con Law - Free Exercise Methodology | Purposeful interference - Apply strict scrutiny test Incidental burden - Apply rational basis test |
| Con Law - Establishment Clause (Lemon v. Kurtzman) | In order not to violate the Lemon Test: 1. The primary purpose must be secular 2. Primary effect must neither inhibit nor advance religion 3. No excessive government entanglement with religion |
Created by:
shigal
Popular Law sets