Constitutional Law (Overview)

Question 1

1st amendment (2)

Answer 1

1. freedom of speech

2. freedom of religion (among other things)

Question 2

prove due process (2)

Answer 2

1. state action
2. deprivation must infringe on a life, liberty, or property interest
   - must prove both to get an opportunity to be heard

Question 3

property interest (3)

Answer 3

• abstract concept
  
  • ex: playing a sport
• must have a legitimate claim of entitlement
• distinguishes difference between entitlement and expectancy

Question 4

suspect class examples (4)

Answer 4

1. race
2. ethnicity
3. national origin
4. alienage

Question 5

constitution

Answer 5

• basic principles and laws of a nation, state, or social group that determines powers and duties of gov and guarantees certain rights and protections
• gives citizens certain rights and protections

Question 6

2 types of constitutions

Answer 6

1. fed gov = u.s. constitution
   -contains amendments
2. state gov = constitution
   ex: new jersey constitution
   pa constitution

Question 7

5th amendment (fed)

Answer 7

cannot deprive any person of life, liberty, or property without due process of the law

Question 8

14th amendment (state)

Answer 8

• state gov cannot deprive anyone of life, liberty, or property without due process of the law
• state gov cannot deny anyone within its jurisdiction equal protection of the law

Question 9

due process

Answer 9

must receive notice and opportunity to be heard - told that you broke a law and you have the right to defend yourself

Question 10

equal protection

Answer 10

• similarly situated people receive similar treatment

- state action required to bring an equal protection claim

Question 11

equal protection claim: standard of review

Answer 11

1. court determines standard of review
   -harder or easier on law at issue?
   A. if infringes on fundamental right and person is member of a suspect class, court is likely to rule in favor of harmed person (harder)
   B. if neither fundamental right or suspect class involved, court likely NOT to rule in favor of harmed person (easier)

Question 12

what do i need to prove to say that one of my constitutional rights was violated?

Answer 12

prove that person/entity that violated your constitutional right was a “state actor”

Question 13

state actor (3)

Answer 13

• fed or state gov or rep of gov
  
  • public school, gov jobs
• protection from gov or state action taken against you
• with private orgs, some statutes exist to protect

Question 14

liberty interest

Answer 14

freedom to enjoy privileges long recognized as essential to orderly pursuit of happiness by freemen

Question 15

fundamental right

Answer 15

very important right enjoyed by people

ex: right to vote, marry, and travel freely among states