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MEE > Con Law MEE > Flashcards

Con Law MEE Flashcards

1
Q

at issue is whether forcing downtown business owners to install lighting to encourage increased business and public saftey constitutes a taking under the _____

A

5A

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2
Q

The 5A, as applied to the states through the 14A, prohibits government taking of private property for public use without ____

A

just compensation

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3
Q

While the government must fairly compensate an owner when her property is taken for public use, it need not pay compensation for _______ of the property

A

mere regulation

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4
Q

A taking will almost ALWAYS be found if there is an actual ______or

A

physical appropriation

descruction of a person’s personal property

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5
Q

the floodlight requirement is not a physical appropriation of the property

A

kk

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6
Q

the city is requiring additional equiptment to be installed on the property, but it is not _______taking any property from the landowner

A

physically

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7
Q

a restriction on how real property is used may be a ___

A

taking

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8
Q

cities may generally regulate the use of _____

A

real property

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9
Q

A regulation will constitute a taking if it (1) amounts to a physical appropriation, (2) denies an owner of all _______, or (3) unreasonably interferes with distinct investment-baked expectation of the owner

A

economic use

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10
Q

The ordinance requires the owner to install ____

A

new lighting

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11
Q

The requirement is NOT a physical appropriation because it does NOT deprive the owner of any _____, it does NOT deny the owner of all ______ because the owner can still operate a restaurant on the property, and it does NOT unreasonably interfere with the owner’s investment-baked expectation because ______

A

physical property

econonmic use

the owners ability to run the restaurant is not diminised and may even be enhanced (the study suggested that the ordinance could even improve business)

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12
Q

Therefore the lighting ordinance is likely NOT a ____ under the 5A

A

taking

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13
Q

At issue is whether a city can FORCE a landowner to convey a portion of the property to the city in exchange for granting a building permit

A

k

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14
Q

a city may NOT for landowners to convey interests in their land to the city in exchange for permission to build ______

A

improvements on the property b/c such forced conveyances usually violate the Takings Clause of the 5A

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15
Q

A city CAN impose such a requirement if (1) a close nexus exists (the gov can show that the condition relates to a ________), and (2) proportionality exists (the adverse impact of the proposed building/ development on the area is roughly ____to the loss caused by the property owner from the forced transfer of ocupation rights)

A

legit gov interest

proportional

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16
Q

the city can probably satisfy the _____ requirement

A

nexus

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17
Q

the city approved the building permit on the condition that the owner grant the city an easement on a strip of the property that would allow the city to install _____ equiptment to help the city fight crime

A

surveillance

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18
Q

there is a logical connection b/e the permit requested to build the addition and the land conveuance required, which would mitigate the crime – THEREFORE

A

a sufficient nexus probably exists

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19
Q

The city’s action probably fails the second prong of the test

the city has the burden of showing ___

A

proportionality

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20
Q

The city merely speculates that the increased patronage of the restraurant “might” increase crime and that the survelliance “might” ____ the crime

A

alleviate

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21
Q

this is too ____- the city would have to show better evidence that crime would increase or that the surveillance equiptment would likely reduce crime to justify the condition on the building permit

A

speculative

22
Q

the city has NOT shown evidence of proportionality b/w the landowner’s request and the ____

A

easement

23
Q

The requirement that the restaurant convey an easement to the city in exchange for granting the building permit is likely an unconstitutional ______

A

taking

24
Q

at issue is whether a state law that discriminats against state employees based on age would violate the EPC when the state can show _____ for passing the law

A

rational relations

25
Q

The EPC of the 14A prevents states from unfairly treating ________ people differently

A

similarly situated

26
Q

To determine whether a law violates the EPC, a court must first consider whether a ______exists

A

discriminatory classificationI

27
Q

if a discriminatory classificiation exists, then the court determines what standard of review to use by considering whether a _____ is involved

A

suspect class

28
Q

When no suspect or quasi-suspsect classification is involved, a court will review the law under the _____ test

A

rational basis

29
Q

the court will uphold the law unless the challenger can show the law bears no rational relationship to any ______ state interest

A

legitimate

30
Q

The Act is ____ on its face because it prevents emplolyment of firefighters age 50 or older

A

discriminatory

31
Q

To prevail under rational basis, a challenger must show that the law is not ______to a legit gov interest

A

rationally related

32
Q

a court will UPHOLD the gov action if the court can determine any way that the gov action will help achieve ______

A

ANY legit gov purpose

33
Q

one of the purposes of the Act was to improve the saftey and efficiency of ___

A

firefighting

34
Q

A state has a ____ in improving employee saftey and the efficiency with which it delivers public services

A

legitimate interest

the law is rationally related to the purpose

35
Q

the ____ history of the Act demonstrates that there is a relationship b/w firefighters age and their physical conditioning and ability to work saftey and effectively

A

legislative

36
Q

This connection is sufficient to establish a ____

A

rattional relationship

37
Q

A challenger will be unable to show that the act has no rational relationship with this ___

A

legit gov interest

38
Q

A challenger MIGHT argue that one purpose of passing the Act was to save money, and that purpose is insufficient to justify age discrimination,

but this arg will fail for many reasons because state A enabled the Act BOTH to save mjoney AND to

A

improve saftey and efficiency

39
Q

Even if one purpose is illegit, state A could rely on ____

A

the other purposeTh

40
Q

therefore the Act does NOT violate the EPC b/c it is rationally related to a ____

A

legit gov interest

41
Q

At issue is whether Congress can act pursuant to its 14A power to prohibit age discrimination

A

__

42
Q

the federal gov is one of _____ power

A

limited

43
Q

To pass a law, Congress must act pursuant to a power given to it by ____

A

Constitution

44
Q

Congress has NO ______ power or power to legislate for general welfare

A

general

45
Q

Section 5 of the 14A is an _____ clause giving Congress power to adopt legislation to enforce the rights and guarantees provided by the ____

A

enabling
14A

46
Q

Under Section 5 of 14A, Congress may NOT ______existing constitutional rights or create new ones

A

expand

47
Q

Congress may ONLY ___ laws to prevent or remedy violations to solving a history or pattern of violations of such a right

A

enact

48
Q

To be valid, laws must be ____ and proportional in solving a history or pattern of violations of such a right

A

congruent

49
Q

A law that bans states from establishing mandatory retirement ages would be an attempt to remedy ___

A

age discrimination

50
Q

BUT since age discirmination does not violate the EPC, this would not be remedying an existing violation fo constitutional rights, but would be expanding existing rights/ creating __

A

new ones

51
Q

Since such an expansion is beyond the scope of Section 5 of 14A, the law would be

A

invalid

52
Q

A court will likely hold that Congress lacks the power to pan mandatory retirement ages under its power pursuant to Section ____

A

5 of 14A

MEE (6 decks)

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