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Bar Exam > Con Law > Flashcards

Con Law Flashcards

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1
Q

4 requirements for cases/controversies?

  1. ______
  2. ______
  3. ______
  4. ______
A
  1. Standing
  2. Ripeness
  3. Mootness
  4. Not a Political Question (PQD)
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2
Q

Standing requires that plaintiff prove that she has suffered an _____ or ____________ ___ __ ______.

A

Standing requires that plaintiff prove that she has suffered an Injury or Imminently will be injured.

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3
Q

Plaintiffs seeking injunctive/declaratory relief must show a ________________ __ _________ _______.

A

Plaintiffs seeking injunctive/declaratory relief must show a Likelihood of Future Harm.

See Lyons

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4
Q

Standing requires Causation and ________.

This requirement prohibits the court from issuing __________ opinions.

A

Standing requires Causation and Redressability.

This requirement prohibits the court from issuing advisory opinions.

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5
Q

3rd Party Standing: A plaintiff cannot assert claims of others (3rd parties) not before the Court, with 3 exceptions:

  1. ______
  2. ______
  3. ______
A

3rd Party Standing: A plaintiff cannot assert claims of others (3rd parties) not before the Court, with 3 exceptions:

  1. Close Relationship (between P & 3rd-party)
  2. 3rd-Party is Unlikely or Unable to Assert Their Own Rights
  3. Organization Suing on Behalf of Its Members
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6
Q

Per the doctrine of Generalized Grievances: : A plaintiff may not ____________________

(with a few exceptions)

A

Per Generalized Grievances:

A plaintiff may not sue solely as a citizen or taxpayer interested in having the government comply with a law.

(with a few exceptions)

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7
Q

Exception to Generalized Grievances

  1. A taxpayer has standing to challenge ______
A

Exception to Generalized Grievances

  1. A taxpayer has standing to challenge government expenditures pursuant to federal (or state and local) statutes as violating the Establishment Cause.
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8
Q

_____________ is the question of whether a federal court may grant pre-enforcement review of a statute or regulation.

A

Ripeness is the question of whether a federal court may grant pre-enforcement review of a statute or regulation.

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9
Q

Rational Basis requires a law be ____________ related to a(n) _______ government ______________.

A

Rational Basis requires a law be rationally related to a legitimate government purpose.

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10
Q

In Rational Basis analysis, the burden is on the ______________ to prove that the law is/is not rationally related.

A

In Rational Basis analysis, the burden is on the CHALLENGER to prove that the law is NOT rationally related.

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11
Q

Under a Rational Basis review, the __________ usually prevails.

A

Under a Rational Basis review, the government usually prevails.

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12
Q

Under Intermediate Scrutiny, a law is upheld if it is _________ related to a(n) _______ government ______.

A

Under Intermediate Scrutiny, a law is upheld if it is substantially related to an important government purpose.

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13
Q

“Substantially Related” may be referred to as “______________ly ____________.”

A

“Substantially Related” may be referred to as “Narrowly Tailored.”

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14
Q

Under Intermediate Scrutiny, the burden of proof is on the ____________.

A

Under Intermediate Scrutiny, the burden of proof is on the government.

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15
Q

Under Strict Scrutiny, a law is upheld if it is ____________ to achieve a(n) _______ government ______.

A

Under Strict Scrutiny, a law is upheld if it is necessary to achieve a compelling government purpose.

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16
Q

Under _________ Scrutiny, the Court will look to the government’s actual purpose in enacting a law or statute.

A

Under Strict Scrutiny, the Court will look to the government’s actual purpose in enacting a law or statute.

17
Q

If the government violates the Equal Protection Clause by treating differently two otherwise similarly situated individuals by a law that discriminates on the basis of Gender, the law is subject to what level of scrutiny?

A

Intermediate Scrutiny.

Intermediate Scrutiny applies to Equal Protection violations on the basis of Gender.

18
Q

If the government violates the Equal Protection Clause by treating differently two otherwise similarly situated individuals by a law that discriminates on the basis of Race or National Origin, the law is subject to what level of scrutiny?

A

Strict Scrutiny.

Strict Scrutiny applies to Equal Protection violations on the basis of Race, National Origin, or Religion.

19
Q

If the government violates the Equal Protection Clause by treating differently two otherwise similarly situated individuals by a law that discriminates on the basis of age, the law is subject to what level of scrutiny?

A

Rational Basis.

Rational Basis applies to Equal Protection violations on the basis of age, as well as violations on all categories outside of the Strict and Immediate Scrutiny categories.

20
Q

If the Federal Government passes a law that denies ALL citizens the ability to exercise a fundamental right, the Federal Government has violated citizens’ _____________________ rights.

A

Substantive Due Process rights.

If the Federal Government passes a law that denies ALL citizens the ability to exercise a fundamental right, the Federal Government has violated citizens’ Substantive Due Process rights.

21
Q

The __________________ protects two similarly situated individuals from being treated differently by the federal government.

A

The Equal Protection Clause protects two similarly situated individuals from being treated differently by the federal government.

22
Q

A violation of citizens’ Privacy Rights by the Federal Government is protected against by citizens rights to _________________.

A

Substantive Due Process rights.

Substantive Due Process protects citizens against a violation of citizens’ Privacy Rights by the federal government.

23
Q

What broad rights are protected by Substantive Due Process?

  1. ____________
  2. ____________
  3. ____________
A

What broad rights are protected by Substantive Due Process?

  1. Privacy Rights (think C.A.M.P.E.R.S.)
  2. Right to Travel
  3. Right to Vote
24
Q

_______________________ protects citizens against federal government interference with citizens’ rights to life, liberty , or property interests, without notice and fair hearing.

A

Procedural Due Process protects citizens against federal government interference with citizens’ rights to life, liberty , or property interests, without notice and fair hearing.

25
Q

Federal Government regulation of citizens’ free speech in a non-public forum is valid if the regulation is:

  1. ______________
  2. _____________
A

Federal Government regulation of citizens’ free speech in a non-public forum is valid if the regulation is:

  1. Viewpoint neutral
  2. Reasonably related to a legitimate government interest
26
Q

Federal Government regulation of citizens’ free speech in a public forum is valid if the regulation is:

  1. ____________
  2. ____________
  3. ____________
A

Federal Government regulation of citizens’ free speech in a public forum is valid if the regulation is:

  1. Content neutral
  2. Narrowly tailored to serve an important government interest
  3. Alternative channels of communication are left open
27
Q

A statute that is subject to a Free Exercise test is examined to determine if it is either?

  1. ______________; or
  2. _____________
A
  1. General Applicability
  2. ## Specifically TargetedIf a statute is challenged as impeding Free Exercise of religion, the statute is examined to determine if the statute is either:
  3. Generally applicable (then the statute is valid)
  4. Specifically targeted towards religious practices (then the statute is invalid)
28
Q

To avoid a violation of an Establishment issue, a government act must meet the three below criteria:

  1. ____________
  2. ____________
  3. ____________
A
  1. Secular Purpose
  2. Primary effect that neither advances nor inhibits religion
  3. No excessive entanglement

If a government act does not meet all three criteria, the government act is a violation of the Establishment cause.

29
Q

Although state classifications based on alienage are generally suspect, a state may reserve a government position for citizens if it is related to:

  1. ______________
  2. _____________
  3. ______________
A

Although state classifications based on alienage are generally suspect, a state may reserve a government position for citizens if it is related to:

  1. Self-governance,
  2. Involves policymaking, or
  3. Requires exercise of important discretionary power over citizens.

Traditionally, this has been applied to teachers, police officers, and similar.

30
Q

Under the Privileges and Immunities Clause of Article IV, Section 2, __________.

A

Under the Privileges and Immunities Clause, states may not discriminate against nonresidents regarding fundamental rights.

31
Q

What rights does the Fourteenth Amendment Privileges or Immunities Clause protect?

A

The Fourteenth Amendment Privileges or Immunities Clause protects the rights of national citizenship.

The P&I Clause of the 14th Amendment prohibits a state from denying its own citizens the rights of national citizenship.

These rights include the right to petition Congress for redress of grievances, the right to vote for federal officers, the right to enter public lands, the right to interstate travel, and any other right flowing from the distinct relation of a citizen to the United States Government.

32
Q

Generally, the Privileges and Immunities Clause of Article IV, protects against discrimination by ________ against ______________________.

A

Generally, the Privileges and Immunities Clause of Article IV protects against discrimination by states against nonresidents, with respect to essential activities.

33
Q

A state may limit non-residents from participating in essential activities, without violating the Privileges and Immunities Clause of Article IV, if the state may show……..:

A

A state must show:

(1) The discrimination is closely related to a substantial state purpose, and
(2) Less restrictive means are not available.

In order for a state to limit non-residents from participation in essential activities.

Bar Exam (8 decks)

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