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AB Worksheets > Con Law _ Individual Rights > Flashcards

Con Law _ Individual Rights Flashcards

1
Q

Definition – Equal Protection

EQUAL PROTECTION

A

Government is treating people DIFFERENTLY

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2
Q

Strict Scrutiny:

EQUAL PROTECTION

A
  • Applies to Race, Alienage, National Origin
    ** Government has the burden*
  • NECESSARY to achieve a COMPELLING interest
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3
Q

Intermediate Scrutiny:

EQUAL PROTECTION

A
  • Applies to Gender, Illegitimacy
  • Government has the burden
  • SUBSTANTIALLY related to an IMPORTANT interest
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4
Q

Rational Basis

EQUAL PROTECTION

A
  • Applies to Everyone Else
  • Plaintiff has the burden
  • RATIONALLY related to a LEGITIMATE interest
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5
Q

EQUAL PROTECTION

Fill Out This Chart
A
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6
Q

Definition – Substantive Due Process

DUE PROCESS

A

Government regulating a right for ALL PEOPLE

Example:
o “All citizens must…”
o “All citizens shall not…”
o “If you want to do X, all people must do Y”

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7
Q

Levels of Scrutiny – Substantive Due Process

DUE PROCESS

A
  • Fundamental Right: Strict Scrutiny
    vs.
  • Non-Fundamental Right: Rational Basis
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8
Q

Fundamental Rights:

DUE PROCESS

A
  • Vote
  • Free Speech
  • Interstate Travel
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9
Q

(THINK CAMPER)

Fundamental Rights - Privacy Rights

DUE PROCESS

A

CAMPER triggers Strict Scrutiny:
* Contraception
* Abortion – Undue Burden
* Marriage
* Procreation
* Education
* Raise Family

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10
Q

Definition – Procedural Due Process

DUE PROCESS

A

Property Rights:
* Governmental jobs
* Licenses
* Public benefits

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11
Q

Levels of Scrutiny – Procedural Due Process:

DUE PROCESS

A
  • No Levels of Scrutiny
  • Need Notice AND Hearing
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12
Q

Procedural Due Process

AdaptiTip:
Property Right {HAS / HAS NOT} be vested

DUE PROCESS

A

Make sure property right has vested

Example:
Property Right:
o Day 100 of a 90-day trial period
Not a Property Right:
o Studying for the bar exam does not mean
property right in law license
o District Attorney working on a trial period o Working on probation

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13
Q

AdaptiTip
Which Amendments:
Equal Protection & Due Process:
FEDERAL Law = {#} Amendment
vs.
STATE Law = {#} Amendment

DUE PROCESS

A

Equal Protection & Due Process:
FEDERAL Law = 5th Amendment
vs.
STATE Law = 14th Amendment

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14
Q

13th Amendment:

13TH AMENDMENT vs. 15TH AMENDMENT

A
  • Bans slavery
  • PRIVATE individuals cannot racially discriminate
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15
Q

15th Amendment:

13TH AMENDMENT vs. 15TH AMENDMENT

A
  • Voting & Racial Discrimination
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16
Q

Takings Clause Rule

TAKINGS CLAUSE

A

1) Government taking Private Property
2) For Public Use
3) With Just Compensation

Example:
o Government wants to take property for a museum, highway, stadium, or public park, and they need to take away your land to build it

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17
Q

Definition – Public Use

TAKINGS CLAUSE

A

Any overall public benefit

Example:
Public Use:
o Government wants to bulldoze Jon’s house for a new highway

Not Public Use:
o Government wants to bulldoze Jon’s house for restaurant and shops for private owner, unless government shows it is for a public use

18
Q

Inverse Condemnation

TAKINGS CLAUSE

A
  • Denies you the economic benefit of the land
  • Value left is WORTH NOTHING

Example:
o Put nuclear power plant across from Jon’s house o Put manure factory across from Jon’s house
o Put exit ramp of a main highway across from Jon’s house

19
Q

Definition – Establishment Clause

RELIGION

A

Government cannot pass a law that establishes a religion

20
Q

Lemon Test:

RELIGION

A

1) Secular Purpose
2) Cannot Advance or Inhibit Religion
3) No Excessive Entanglement

Example:
Excessive Entanglement:
o Payment of money
o Scholarships
o Tax breaks
o Subsidies

21
Q

Definition – Free Exercise Clause

RELIGION

A

Government must remain neutral on practice of religion

22
Q

AdaptiTip
A Law { ________ } to religion will be constitutional even if the { ________ } prohibits religion

RELIGION

A

A Law NEUTRAL to religion will be constitutional even if the EFFECT prohibits religion

23
Q

Content-Based Regulation:

SPEECH

A
  • Government stops the message
  • Triggers Strict Scrutiny

Example:
o Ask Government to march, parade, or
demonstrate and Government says no
o Group wants to take out an advertisement
in newspaper and Government refuses

24
Q

Content-Neutral Regulation:

SPEECH

A
  • Regulation on Time, Place, & Manner
  • Where, When, & How
25
Q

Constitutionality – Content-Neutral Regulation

SPEECH

A
  • Furthers significant governmental interest
  • Leaves open alternative means of communication
  • Form of Intermediate Scrutiny

Example:
o There is a demonstration in front of the White
House, and Government says you can protest from 8am-4pm, but you must be 20 feet from White House, and you cannot go on the roof of the buildings

26
Q

Public Forum:

SPEECH

A
  • Streets & Parks
  • Must further significant government interest
  • Leave open alternative means of communication
27
Q

Non-Public Forum

SPEECH

A
  • Billboards, Signs, Buses
  • Reasonably related to a legitimate
    government interest
28
Q

Obscenity

UNPROTECTED SPEECH

A

1) A prurient interest in sex by objective local community standards
2) Depicts sex in a patently offensive manner
3) Lacks any serious literary, artistic, political,
or scientific value

Adaptibar Tip:
Art may be viewed differently in different communities. Be sure to look at the local community standards stated in the question

29
Q

Clear & Present Danger

UNPROTECTED SPEECH

A

1) Speech incites imminent violent action
2) Likely to produce violence

30
Q

Fighting Words

UNPROTECTED SPEECH

A

Harsh language likely to incite an average person to commit violence

31
Q

AdaptiTip
Fighting Words – Based on the { _ }
vs.
Clear & Present Danger – Based on the { _ }

UNPROTECTED SPEECH

A

Fighting Words – Based on the individual
vs.
Clear & Present Danger – Based on the group

32
Q

Commercial Speech

UNPROTECTED SPEECH

A
  • Business Related Speech
  • REASONABLE fit to a SUBSTANTIAL interest
  • Narrowly tailored
33
Q

False/Misleading Advertisement:

UNPROTECTED SPEECH

A
  • Speech that provides false/misleading information
  • Not Protected

Example:
o Misleading commercials about growing hair with
vitamins

34
Q

Prior Restraint

UNPROTECTED SPEECH

A
  • Stops speech before it is published
  • Injunctions, Gag Orders
35
Q

Unfettered Discretion:

UNPROTECTED SPEECH

A
  • Government official cannot choose/allow one form of speech over another
36
Q

Overbroad & Vague Speech:

UNPROTECTED SPEECH

A
  • Statute cannot be too broad or too vague
  • Keywords: “any” or “all”
37
Q

Bill of Attainder

BILL OF ATTAINDER & EX POST FACTO

A
  • Cannot expressly PUNISH an individual or named group of people
  • Applies to both Federal and State Government

Example:
o Congress or State of Florida passes a law fining
Jon Grossman
o Congress or State of Florida passes a law fining
Jets fans

38
Q

Ex Post Facto Laws:

BILL OF ATTAINDER & EX POST FACTO

A
  • Law that **retroactively makes action illegal **
  • Applies to both Federal and State
    Government

Example:
o On January 3, Jon is driving 60 miles per hour. The speed limit is 65 miles per hour. Now in April, May, June, or July, police are trying to give Jon a ticket because as of January the speed limit was 55 miles per hour

39
Q

Definition – Contracts Clause

CONTRACTS CLAUSE

A

STATE cannot EXPRESSLY impair your ability to enter a contract

40
Q

Definition – State Action

STATE ACTION

A

There must be State/Government action to violate the constitution

AB Worksheets (33 decks)

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