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Con Law > Equal Protection > Flashcards

Equal Protection Flashcards

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Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

What should be our approach to equal protection questions? (3 questions)

A

What is the classification?

What level of scrutiny should be applied?

Does this law meet the level of scrutiny?

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2
Q

The EP Clause of the 14th Amendment applies only to . . .

A

State and Local Governments

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3
Q

EP is applies to whom through the DP Clause of the Fifth Amendment?

A

Federal Government

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4
Q

Which level of scrutiny applies to classifications based national origin?

A

Strict Scrutiny

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5
Q

There are two ways to prove the existence of racial classification. What are they?

A

The classification exists on the face of the law (easy)

Demonstrating both discriminatory impact and intent

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6
Q

If the law is facially neutral, proving a racial classification requires demonstrating which two things?

A

Discriminatory impact AND

Discriminatory intent

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7
Q

What level of scrutiny is used to evaluate racial classifications BENEFITING minorities?

A

Strict

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8
Q

Numerical set-asides require ___ proof of _____ discrimination

A

CLEAR

PAST

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9
Q

Educational institutions may/may not use race as a factor in admissions decisions.

A

May, as long as they are aiming to help minorities.

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10
Q

If an education institution is going to use race as a factor in admission decisions to help minorities, they must show what?

A

That there is no race-neutral alternative which could achieve diversity

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11
Q

Can educational institutions add “points” to an applicant’s admission score based on race?

A

No.

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12
Q

Public school systems may/may not used race as a factor in assigning students to school unless. . .

A

Strict scrutiny is met.

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13
Q

When Gov’t discriminates of the basis os sex, which level of scrutiny?

A

Intermediate

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14
Q

The existence of gender classification is proven in one of the two following ways:

A

The classification exists on the face of the law (easy)

If facially neutral, then by demonstrating both discriminatory impact and intent

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15
Q

Classifications based on gender will be upheld when what is true?

A

Ramped up IS is met.

Substantially related to an important gov’t purpose AND there is an exceedingly persuasive justification.

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16
Q

What level of scrutiny is applied to gender classifications benefitting women?

A

intermediate scrutiny

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17
Q

Gender classifications benefitting women that are based on role stereotypes will/will not be allowed.

A

Will not

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18
Q

Gender classifications that are designed to remedy past discrimination and differences in opportunity will/will not be allowed.

A

Will

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19
Q

Generally, when classifications are based on alienage, what level of scrutiny?

A

Strict

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20
Q

If a law is facially neutral, proving a gender classification requires the demonstration of discriminatory impact and intent. If the challenging party can’t prove intent, what level of scrutiny?

A

RB Review.

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21
Q

Generally, strict scrutiny is used for alienage classifications. In which two situations is the RB test used?

A

Alien classifications that concern self-government and the democratic process; and

Congressional discrimination against aliens.

22
Q

The government MAY discriminate on the basis of alienage for the following 5 things:

A 
Voting
Jury Service
Police officers
Teachers
Probation officer
23
Q

It appears as though this level of scrutiny is used for discrimination against undocumented alien children.

A

Intermediate scrutiny.

24
Q

What level of scrutiny for discrimination against non-marital children?

A

Intermediate.

25
Q

Laws that deny a benefit to all non-material children, but grant it to all marital children are/aren’t always unconstitutional.

A

Are

26
Q

Type of review for age discrimination?

A

RBR

27
Q

Type of review for disability discrimination?

A

RBR

28
Q

Type of review for wealth discrimination?

A

RBR

29
Q

Type of review for economic regulations?

A

RBR

30
Q

Type of review for sexual orientation?

A

RBR

31
Q

What are the two ways to determine the existence of classifications?

A

Classif. is on the face of the law; OR

If facially neutral, there is both discriminatory intent for the law and a discriminatory impact to the law.

32
Q

What does strict scrutiny require?

A

Requires that the law must be necessary to achieving a compelling gov’t purpose

33
Q

What three classifications receive strict scrutiny?

A

Race
National Origin
Alienage, generally

34
Q

What does intermediate scrutiny require?

A

A law must be substantially related to an important gov’t purpose.

35
Q

What three classifications receive intermediate scrutiny?

A

Gender
Illegitimacy
Undocumented alien children

36
Q

What does the rational basis test require?

A

A law must be rationally related to a legitimate government interest.

37
Q

List five of the major classifications that receive RB Test.

A

Alienage classifications related to self-government and the democratic process

Congressional regulation of aliens

Age

Disability

Wealth

(all other classifications)

38
Q

REVIEW: Three classifications for SS?

A

Race

National origin

Alienage (usually)

39
Q

REVIEW: Three classifications for IS?

A

Gender

Illegitimacy

Undocumented alien children

40
Q

What review for age discrim?

A

RB

41
Q

What review for disability discrim?

A

RB

42
Q

What review for wealth discrim?

A

RB

43
Q

What review for race discrim?

A

SS

44
Q

What review for national origin discrim?

A

SS

45
Q

What review for gender?

A

IS

46
Q

What review for illegitimacy discrim?

A

IS

47
Q

What review for alienage discrim?

A

Usually SS

RB for alienage classifications related to self-gov’t and the democratic process AND congressional regulation of aliens

48
Q

What review for sexual orientation discrim?

A

RB

49
Q

SS Standard for EP?

A

Law must be necessary to achieve a compelling gov’t purpose

50
Q

IS standard for EP?

A

Law must be substantially related to an important gov’t purpose.

51
Q

RB standard for EP?

A

Law must be rationally related to a legitimate gov’t interest.

Con Law (10 decks)

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