Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Bar > Con Law > Flashcards

Con Law Flashcards

You may prefer our related Brainscape-certified flashcards:
MBE flashcards
1
Q

Const Art III

A

Federal judicial power

  1. Interpretation of constitution, laws, treaties
  2. Disputes between states, states and foreign citizens, and diverse citizens
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Standing- federal court

A
  1. Injury
  2. Causation
  3. Redressibility

Standing to enforce government statutes if in “zone of interest” congress meant to protectl

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

11th amendment

A

Private citizen cant sue state

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Actions against state officers

A
  1. Enjoin from further conduct that violates constitution or federal law
  2. Against officer personally
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Congress- legislative power

A
  1. Enumerated power
  2. Necessary and proper
  3. Taxing
  4. Spending
  5. Commerce
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Necessary and proper

A

Must work with another power

Laws necessary and proper for executing any power granted to fed gov

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Taxing

A
  1. Reasonable relationship to revenue production
  2. Power to regulate taxed activity
  3. Tax brings money into federal coffers( different from regulation)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Spending power

A

Spend to Provide for common defense and general welfare

  1. Any public purpose
  2. Limited by bill of rights
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Commerce clause

A

Regulate

  1. Channels of interstate commerce
  2. Instrumentalities of interstate commerce
  3. Activities with Substantial affect
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Intrastate Activity

A
  1. Congress can regulate in aggregate
  2. Usually ok if noncommercial and noneconomic
  3. Congress mist show direct substantial economic effect on interstate commerce to regulate
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Executive power

A
  1. Appointment and removal

2. External affairs

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Police power

A

All powers not delegated to gov reserved for states

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Spending power condition “regulation”

A
  1. Condition on grant of money to state
    A. Clearly stated
    B. Not unduly coercive
    C. Relate to purpose of program
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Article IV privileges and immunities

A

Prohibits state discrimination against out of staters

( not corps or aliens)

  1. Protects only fundamental rights
    A. Civil liberties
    B. Commercial activities
  2. Substantial justification exception
    A. State must show non residents cause or contribute to problem
    B. No less restrictive means
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Dormant Commerce clause/

Negative

A

State may regulate local commerce
1. If federal law has not regulated
2. May not unduly burden interstate commerce
3. May not discriminate against interstate commerce
Exceptions
1. Furthers a non economic state interest and no non discriminatory alternatives
2. State is acting as market participant
3. Gov action regarding Traditional gov function

  1. States interest outweighs burden
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

State legislation flow

A
  1. Does Federal legislation exist?
    A. Supersedes
    B. Preempt the field
    C. Authorize otherwise impermissible regulation?
  2. Discriminate or unduly burden interstate activity?
  3. Exceptions?
    A. Non economic state interest
    B. State is market prticipant
    C. Traditional gov power
17
Q

State taxing

A
  1. Nondiscriminatory

A. Substantial nexus
B. Fair apportionment
C. Fair relationship

18
Q

13th amendment

A
  1. No slavery

Can prohibit racially discriminatory action by anyone

19
Q

15th amendment

A

Cant prevent vote by race

20
Q

State action

A
  1. Action by state
  2. Private entity performing exclusive public functions
  3. Affirmatively Facilitating private discriminatory action
21
Q

Contract clause

A
  1. State cant retroactively impair contract rights
  2. Private contracts- intermediate scrutiny
    A. Important and legitimate public interest
    B. Narrowly tailored
  3. Public contracts - stricter scrutiny( same test but stricter)
22
Q

Procedural due process

A
  1. Life,
  2. liberty
    - loses freedom of action
    - is denied a freedom
  3. property interest infringed
    - legitimate claim or entitlement
23
Q

Procedural due process test

A
  1. Importance of interest
  2. Procedural safeguards
  3. Government interest in efficiency

Usually notice and hearing

24
Q

5th amendment taking

A
  1. Rationally related to legit interest
  2. Physical invasion or appropriation-> taking
  3. Denial of all economic use
25
Q

Source of Substantive due process

A
  1. 5th amendment due process clause- federal gov

2. 14th amendment due process clause- state and local

26
Q

Discriminatory classification

A
  1. Facially discriminatory
  2. Facially neutral, discriminatory application
  3. Discriminatory motive
27
Q

Fundamental rights

A

Strict scrutiny

  1. Right of privacy
  2. Right to vote
  3. Right to travel
28
Q

Abortion

A
  1. Pre viability- no undue burdens

2. Post viability- may prohibit unless health threatened

29
Q

Congressional elections

A

Almost exact mathematical equality required for voting districts

30
Q

Content neutral speech regulations

A

Intermediate scrutiny-

Important interest, narrowly tailored

31
Q

Time place manner restrictions

A

To avoid strict scrutiny
1. Public forums
A. Content neutral
B. Narrowly tailored, important gov interest
C. Alternative channels for communication

  1. Nonpublic forums
    A. Viewpoint neutral
    B. Reasonably related to legitimate gov interest
32
Q

Commercial speech

A

Protected if truthful

Regulation upheld if

  1. Substantial gov interest
  2. Directly advanced interest
  3. Narrowly tailored (reasonable fit)
33
Q

Gov employee speech

A
  1. Within official duties- can be punished or regulated
  2. Matter of public concern- balancing test between efficient public service and employees speech interest
  3. Not public concern- employer has wide deference to punish or regulate
34
Q

Free exercise clause

A
  1. No punishment of beliefs

2. General conduct can be regulated, but cant target particular group

35
Q

Establishment clause

A

Action Invalid unless

  1. Has a secular purpose
  2. Has a primary effect that neither advances or inhibits religion
  3. Does not produce excessive gov entanglement with religion
    (Lemon test)

Bar (15 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions