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Va Bar > Individual Rights > Flashcards

Individual Rights Flashcards

1
Q

Equal Protection

A

Gov’t treats people differently

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2
Q

Due Process

A
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2
Q

Treated differently based on race, alienage (non-US citizen), national origin

A

SS - Gov’t has burden to show law is NECESSARY to achieve COMPELLING interest

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3
Q

Treated differently based on gender, illegitimacy

A

IS - Gov’t has burden to show law is SUBSTANTIALLY related to an IMPORTANT interest

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4
Q

Treated differently based on anything else

A

RB - PLAINTIFF has the burden to show law is not RATIONALLY RELATED to a LEGITIMATE interest

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5
Q

Substantive Due Process

A

Gov’t taking away ALL OF OUR RIGHTS

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6
Q

Substantive Due Process

A

Fundamental Right = Strict Scrutiny

Non-Fundamental Right = Rational Basis

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7
Q

Fundamental Rights = Strict Scrutiny

A

Right to Vote
Free Speech
INTERSTATE Travel (one state to another)

Privacy rights:
Contraception
Marriage
Procreation
Education
Raise Family

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8
Q

Non-Fundamental Rights =

A

Rational Basis

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9
Q

Procedural Due Process

A

Property Rights -

Governmental (PUBLIC) jobs
Licenses
Public Benefits

Make sure I own the property right.

Need NOTICE and a HEARING

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10
Q

Equal Protection and Due Process - State v Federal

A

State –> 14
Federal –> 5

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11
Q

Privileges & Immunities (14)

A

State is discriminating against NON-RESIDENTS (NOT BUSINESSES).

“RESIDENT”*

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12
Q

13th Amendmentt

A

Slavery; PRIVATE individuals cannot racially discriminate

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13
Q

15th Amendment

A

Voting/Racial Discrimination

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14
Q

Takings Clause

A

Gov’t cant take private property for public use without just compensation

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15
Q

Inverse Condemnation

A

Not taking your property but doing something that extremely lowers the value of your own property or makes it where nobody would want to live there

16
Q

Religion

A

Establishment Clause
Free Exercise Clause

17
Q

Establishment Clause

A

Gov’t cannot pass a law that formally sponsors or establishes a religion

Now –

NEUTRALITY; not trying to prefer one or another, AND

HISTORY AND TRADITION

18
Q

Free Exercise Clause

A

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

In order for it to be unconstitutional, GOVT has to INTEND to discriminate

19
Q

Speech

A

Gov’t can’t ban speech because FUNDAMENTAL RIGHT

Gov’t CAN regulate speech. Question is CONTENT-BASED vs CONTENT-NEUTRAL

20
Q

Content-Based

A

Shutting the message down. SS. No. You can’t do it.

EX: Denying a permit.

21
Q

Content-Neutral

A

We don’t care about your message. We are telling you where when and how you can get that message out.

SIGNIFICANT/IMPORTANT gov’t interest

+ leave open ALTERNATIVE means of communication

22
Q

Content Neutral - PUBLIC Forum

A

SIGNIFICANT/IMPORTANT gov’t interest

+ leave open ALTERNATIVE means of communication

23
Q

Content Neural - NON-PUBLIC Forum

A

Billboards, Signs, Buses

REASONABLY RELATED to a LEGITIMATE INTEREST

24
Q

UNPROTECTED Speech

A

Obscenity
Clear and Present Danger
Fighting Words
Commercial Speech
False/Misleading Ads
Prior Restraint
Unfettered Discretion
Overbroad & Vague speech

25
Q

Obscenity

A

A prurient interest in sex by objective LOCAL COMMUNITY STANDARDS

Depicts sex in a patently offensive manner

Lacks any serious literary, artistic, political or scientific value

26
Q

Clear and Present Danger

A

Speech incites imminent violent action

Likely to produce violent

**inciting a GROUP

27
Q

Fighting words

A

Incites average person to commit violent – One person to another

28
Q

Commercial Speech

A

Business-related speech

REASONABLE FIT to a SUBSTANTIAL interest, NARROWLY TAILORED

29
Q

False/Misleading Statement

A
30
Q

False/Misleading Ads

A

Misleading commercials

31
Q

Prior Restraint

A

Stops speech BEFORE it is published

Injunctions, Gag Orders

Govt can STOP before

32
Q

Unfettered Discretion

A

Gov’t official saying this okay, this is not okay. Gov’t official can’t pick and choose

33
Q

Overbroad/Vague

A

Statute or language can’t be too broad or vague (“any” “all”)

34
Q

BILL OF ATTAINDER VS EX POST FACTO

A
35
Q

Bill of Attainder

A

State/Fed Gov’t punishing an individual or group of people BY NAME

Civil penalty, criminal penalty

36
Q

Ex Post Facto

A

Was legal, now gov’t is retroactively making it ILLEGAL

37
Q

Contracts Clause

A

STATE cannot EXPRESSLY impairs your ability to enter into a contract.

WHEN: law is SO CLEARLY SAYING you CANNOT enter this or that kind of contract.

38
Q

State Action

A

There must always be state/gov’r action to violate the constitution

Va Bar (40 decks)

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