Individual Rights

Question 1

Equal protection

Answer 1

-Treating a group of people differently than everyone else

Question 2

Strict Scrutiny

Answer 2

-Race, Alienage, Nation Origin
-Government has the burden to show that it was necessary and compelling

Question 3

Intermediate scrutiny

Answer 3

-Gender, illegitimate
-Government has the burden to show that a law is substantially related important

Question 4

Rational Basis

Answer 4

-Everyone else gets this (if not race alienage,National original, gender, illegitimacy)
-Plaintiff has the burden related to a legitimate interest

Question 5

How to identify equal protection ? ( question )

Answer 5

-Generally they will tell you it’s equal protection and you will have to; see what level of scrutiny.
-They’ll make you identify if it’s a equal protection question

Question 6

Substantive Due Process

Answer 6

Government regulating a right for all people

Question 7

Fundamental rights (Strict Scrutiny)

Answer 7

-Strict scrutiny

-Right to vote
-Free Speech
-Interstate travel
-Privacy rights 1) Contraception
-Abortion (New law; not fundament right so rational basis)
-Marry
-Procreation
-Private Education (strict)
-Right to raise family

If not on the list; rational basis

Question 8

How will Due process ? ( questions) be

Answer 8

1. Will make you identify it’s subscribe due process
2. Or they’ll telling us X sues due process if fundamental; strict if not rational

Question 9

Procedural Due Process

Answer 9

-If government tries to take away property rights requires a; notice and a hearing
-Job, license and benefits (government or public)
-Make sure the property right is vested

Question 10

5th amendment & 14th amendment

Answer 10

-When you’re doing equal protection or due process, the state is passing the law or regulation =14th amendment!

-If Congress (Federal) passes the law that affects equal protection or due process ; then =5th amendment

Question 11

Privileges and ammunities

Answer 11

-State passes laws that treats non-residents differently than residents
-Resident (not equal protection)

Question 12

13th vs 15th

Answer 12

-13th amendment banned slavery (if there’s racial discrimination; no state action - private person can be held liable)

-15th amendment: race + voting ban; if they try to prevent the 15th amendment bans it

Question 13

Takings clause

Answer 13

-Government can’t they private property for a public use they must pay “just compensation” ( fair market value)
-Overall benefit of the project

Question 14

Inverse Condemnation

Answer 14

-When government is doing something around your property that reduces the economic value to next to nothing.

Question 15

Establishment Clause

Answer 15

-The government can’t pass a law that’s going to establish a religion; all religion treated the same

-Government needs to be religiously neutral

-Historical practice + tradition

-What is gov doing? Is it religiously neutral

Question 16

Free Exercise Clause

Answer 16

-Every citizen can practice any religion however they chose

-The law has to be neutral to the religion

-Gov is passing something and because of it my religion gets stopped okay as long as the government didn’t intended to stop it.

Question 17

Speech ( Content Neutral regulations + Based)

Answer 17

-Is the speech regulating content based or content neutral?

Content Based:The government can’t totally shut it down (content based; strict scrutiny)

-Content neutral: (Time, place, manner) Meets a form of intermediate scrutiny; furthers significant governmental interest; leaves open alternative means of communication
-Meets a form of intermediate scrutiny
-Further a significant or important governmental interest
-Leaves open alternative means of communication (expression)

Question 18

Public forum

Answer 18

-Happening on streets or parks
-Must further significant governmental interest
-Leave open alternative means of communication
-Content neutral

Question 19

Non-Public Forum

Answer 19

-Billboards, signs or buses
-Legitamelty related to a substantial governmental interest

Question 20

Unprotected Speech

Answer 20

-Obscenity: 1. Reasonable person would find the work appeals to the purring interest in sex by objective local community standard 2. Depicts sex in a patently offensive manner 3. Lacks any serious literary, artistic, political or scientific value

Not protected by the 1st amendment

Question 21

Clear & Present danger

Answer 21

-Speech incites imminent violent action
-Likely to produce violence
(Generally by a group of people)

Question 22

Fighting Words

Answer 22

-Harsh language likely to incite an average person to commit violence

Question 23

Commercial Speech

Answer 23

-Anything to do with business related speech (ads)
-Reasonable fit to a substantial interest
-Narrowly tailored

Question 24

False & Misleading Advertisement

Answer 24

-Speech that provides false or misleading information

Question 25

Prior Restraint

Answer 25

-Stop speech before it’s published (gets out)
-Injunction gag orders

Question 26

Unfettered Discretion

Answer 26

-Government officials cannot choose/allow one form of speech over another
-Government official cannot choose one speech over another

Question 27

Overbroad or Vague

Answer 27

-Statute or language cannot be too broad or vague
-“any” “all”

Question 28

Bill of Attainer

Answer 28

-State or Federal government cannot punish individual or named group of people by name w/criminal or civil penalties

Question 29

Ex-Post Facto

Answer 29

-Government is making something that was legal before illegal
-Going back in time

Question 30

Contracts Clause

Answer 30

-State can’t pass a law that expressly impairs your ability to enter into a contract
-Usually wrong answer
-Obvious in facts that the law is saying intentionally you can’t enter this or this kind of contract
-NEVER INFER OR ASSUME CONTRACTS CLAUSE
-State says you can’t enter into baking or something contract or makes is too difficult

Question 31

State action

Answer 31

-Can’t be a violation unless state action; the government needs to do the acting the violating
-No violation of 14th amendment if no state action
-“private company”

Question 32

Nexus

Answer 32

-When government is giving you so much money that your acting like an arm of s government (nexus) that equals state action

They’ll say John works for and with state then you can pick they’ll say “ John is now an employee of the government” they have to say “working with and for an part of the government”

No NEXUS on MBE