Con law

Question 1

What are the fundamental privacy rights

Answer 1

Marriage, Procreation, Contraception, Parents, Living as a family, Obscene reading material

Question 2

What is included in the right to travel?

Answer 2

(1) travel state to state (2) equal treatment across states

Question 3

What are the three exceptions to the dormant commerce clause?

Answer 3

(1) Congress approves, (2) state market participant, and (3) gov action of function traditionally performed by gov

Question 4

Two ways state law can trigger privileges and immunities clause:

Answer 4

Discrimination against out of staters regarding (1) fundamental right and (2) right to earn a living

Question 5

Three areas of implied federal preemption

Answer 5

(1) conflict, (2) state prevents federal objective (3) feds have occupied field

Question 6

Rational Basis Standard requires

Answer 6

Challenger to show law is not rationally related to legitimate government purpose

Question 7

Intermediate Scrutiny standard requires

Answer 7

Government has burden of showing law is substantially related to important government purpose

Question 8

Strict scrutiny standard requires

Answer 8

Government to demonstrate law is necessary (least restrictive) to achieve a compelling government interest

Question 8

Obscenity

Answer 8

(1) prurient interest (according to modern community) (2) offensive (according to modern community) and (3) lacks value (according to national reasonable person)

Question 8

Procedural due process requires

Answer 8

Notice, hearing, and impartial decision maker when person deprived of life, liberty, or property

Question 9

Suspect classifications under EPC

Answer 9

race, national origin, and citizenship (state only)

Question 9

Quasi suspect

Answer 9

gender, legitimacy

Question 9

Unprotected forms of speech are:

Answer 9

incitement, fighting words true threats, obscenity, defamation, some commercial speech

Question 9

incitement is

Answer 9

speech intended and likely to produce imminent lawless action

Question 9

Fighting word is

Answer 9

a statement likely to prevoke an immediate physical response

Question 10

True threat is

Answer 10

Words intended to convey to someone a serious threat of bodily harm

Question 11

Commercial speech not protected if:

Answer 11

(1) false (2) misleading, (3) illegal

Question 12

Regulations of commercial speech must:

Answer 12

(1) serve substantial gov interest, (2) directly advance interest, and (3) is narrowly tailored (meaning reasonable fit)

Question 13

Level of scrutiny for content neutral restriction on public/designated forum

Answer 13

IS –> (1) narrowly tailored to serve important gov interest and (2) alternative channels left

Question 14

Level of scrutiny for content based restriction on public/designated forum

Answer 14

SS –> presume invalid

Question 15

Level of scrutiny for non viewpoint based restriction on limited/nonpublic forum

Answer 15

reasonably related to legit gov purpose

Question 16

Level of scrutiny for viewpoint based restriction on limited/nonpublic forum

Answer 16

SS

Question 17

What is a traditional public forum

Answer 17

public property historically open to speech (sidewalks, streets, and public parks)

Question 18

What is a designated public forum

Answer 18

public property not historically open to speech but where gov has thrown open for speech on permanent or limited basis

Question 19

what is a limited public forum

Answer 19

not historically open for speech but opened for specific speech activity (school gym opened to host a debate)

Question 20

nonpublic forum

Answer 20

not historically open for speech and not held open for speech (military bases, government workplaces)

Question 21

To censor personal student speech on campus there must be evidence of

Answer 21

substantial disruption

Question 22

to censor personal student speech off campus school can censor to prevent

Answer 22

Cheating, bullying, pedagogical concerns

Question 23

Restrictions of speech relating to school’s teaching must

Answer 23

Be reasonably related to pedagogical concerns

Question 24

Government EE can be punished for speech while at work of private concern if

Answer 24

disruptive to work enviroment

Question 25

Government EE can be punished for speech while at work and pursuant to EE’s job duties if

Answer 25

ALWAYS (this speech not protected)

Question 26

Gov can punish EE for speech on matters of private concern outside workplace if

Answer 26

deterimental effect on workplace

Question 27

Gov can punish EE for speech on matter of public concern not made pursuant to EE’s job duties if

Answer 27

balance of efficient work operation outweighs value of the speech

Question 28

The anti commandeering principle…

Answer 28

Prevents Congress from forcing state’s to act in a certain way

Question 29

The anti comandeering principle does not prohibit Congress from regulating:

Answer 29

activitity that both the state and private actors engage

Question 30

True or False: Congress has police power

Answer 30

False

Question 31

What is covered by the states’ police powers

Answer 31

health, safety, welfare of their people

Question 32

When is there a case and controversy?

Answer 32

(1) not an advisory opinion, (2) not ripe or moot, and (3) P has standing

Question 33

When is a federal court asked to issue an advisory opinion?

Answer 33

(1) no dispute btwn adverse parties and (2) not capable of legally binding effect on parties

Question 33

When is a case not ripe?

Answer 33

laws or policies not yet in effect

Question 34

What must P show to establish law or policy not in effect is ripe?

Answer 34

(1) issues fit for judicial decision, and (2) P would suffer substantial hardship

Question 34

When is case moot?

Answer 34

P not suffering from ongoing injury

Question 35

Exceptions to mootness?

Answer 35

(1) capable of repitition evading review bc of duration, (2) voluntary cessation, and (3) class action

Question 36

What are the components of standing?

Answer 36

(1) injury in fact, (2) causation, and (3) redressablility