Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Con Law > Individual Rights > Flashcards

Individual Rights Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

A procedural due process inquiry asks . . .

A

whether gov’t has followed adequate procedures when it took away life, liberty, or property.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

A substantive due process inquiry asks whether . . .

A

Gov’t has an adequate reason for taking away life, liberty, or property.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

An equal protection inquiry asks whether . . .

A

the gov’t’s differences in the treatment of people are adequately justified.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is the first question you should ask when posed with a procedural due process question?

A

Has there been a deprivation of life, liberty, or property?

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

A deprivation of liberty occurs if there is the loss of what?

A

A significant freedom provided by the Constitution or statute

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Before an adult can be imprisoned, there must be ____ and ____.

A

Notice

a Hearing

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

If a parent elects to institutionalize a child, there only needs to be what to satisfy procedural DP?

A

A screening by a neutral fact-finder

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

A deprivation of property occurs if . . .

A

There is an entitlement and that entitlement is not fulfilled.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Government negligence is/isn’t sufficient for a deprivation of due process.

A

Isn’t

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Harm to reputation is/isn’t enough to constitute a loss of liberty.

A

Isn’t

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Gov’t negligence is not sufficient for a deprivation of due procress. Generally, there must be _____________ or at least _____________ for liability to exist.

A

Intentional gov’t action

Reckless gov’t action

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

In emergency situations, the government is liable under due process only if its conduct does what?

A

Shocks the conscience.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Prisoners always/sometimes/rarely/never have liberty interests.

A

Rarely

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

The government will only incur a duty to protect people from privately inflicted harm IF one of the following two things is true

A

1) Person is in gov’t custody; or

2) Gov’t creates the danger

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

In order to determine the procedures required under procedural DP, courts will balance what 3 factors?

A

Importance of the interest to the individual

Ability of additional procedures to increase the accuracy of the fact-finding

The Govt’s interest

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Generally speaking, what is the government interest in a procedural DP problem?

A

Efficiency

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Is an American citizen, held as an enemy combatant, entitled to due process?

A

Yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Punitive damages require _______ and ________.

A

Instructions to the jury

Judicial review

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Will due process concerns serve to invalidate an award of excessive punitive damages?

A

Yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

With one exception, the gov’t seizure of assets (i.e., prejudgment attachment) must be preceded by notice and hearing. What is the exception?

A

Exigent circumstances

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Absent exigent circumstances, a gov’t seizure of assets (i.e., prejudgment attachment) must be preceded by which two things?

A

Notice and a hearing

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

True or false: corporal punishment requires due process

A

False. No DP required

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Before a parent’s custody rights can be taken away, there must be what and what?

A

Notice and a hearing

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

For laws affecting economic rights, which level of scrutiny?

A

Rational basis

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

What is required in order for the gov’t to take private property for public use?

A

Just compensation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

What are the two ways in which the gov’t can effectuate a taking?

A

Possessory taking

Regulatory taking

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

A possessory taking occurs when the government . . .

A

Confiscates or physically acquires property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

A regulatory taking occurs when the gov’t . . .

A

Acts in such a way that it leaves a person without any reasonable economically viable use of his property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

Is a decease in value enough to constitute a regulatory taking? Explain.

A

No. The act must leave a person without any reasonable economically viable use of his property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

Government conditions of the development of property must be justified by a benefit that is ______________________ to the burden imposed. Otherwise, it is a taking.

A

Roughly proportionate

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

True or false: A property owner may not bring a takings challenge to regulations that existed at the time the property was acquired.

A

False

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

When will a temporary denial of an owner’s use of his property not be a taking?

A

When the gov’t’s action is reasonable.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

When will the government’s use of a property be considered public?

A

When the gov’t acts out of a reasonable belief that the taking will benefit the public.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

Just compensation for property is measured in terms of this, not this.

A

Measured in terms of loss to the owner

NOT gain to the taker.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

What does the Contracts Clause of Article I, Section 10 say?

A

The Contract Clause prohibits states from enacting any law that retroactively impairs contract rights.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

The contracts clause applies only to ____ or ______ interference with this type of k.

A

State or local

Existing

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

State or local interference with _____ contracts must meet intermediate scrutiny.

A

Private

38
Q

State or local interference with _____ contracts must meet strict scrutiny.

A

Gov’t

39
Q

State or local interference with private contracts must meet _______ scrutiny.

A

Intermediate

40
Q

State or local interference with government contracts must meet ______ scrutiny.

A

Strict

41
Q

Describe how “intermediate scrutiny” is unique in its application to situations in which there is state or local interference with private contracts

A

It contains both intermediate scrutiny and rational basis language

Asks whether the legislation substantially imparts a party’s rights under an existing k.

If so, asks if the law is a reasonably and narrowly tailed means of promoting an important and legitimate gov’t interest.

42
Q

intermediate scrutiny” asks which two questions in its application to situations in which there is state or local interference with private contracts

A

Asks whether the legislation substantially imparts a party’s rights under an existing k.

If so, asks if the law is a reasonably and narrowly tailed means of promoting an important and legitimate gov’t interest.

43
Q

An ex post facto law is one that does what?

A

Criminally punishes conduct that was lawful when it was done or that increases punishment for a crime after it was committed.

44
Q

The Ex Post Facto Clause does NOT apply in which type of case?

A

Civil

45
Q

Retroactive civil liability is evaluated under which level of scrutiny?

A

Rational Basis Test

46
Q

A bill of attainder is one that . . .

A

Directs the punishment of a specific person or persons without a trial.

47
Q

Privacy is/isn’t a fundamental rights protected under the substantive DP.

A

Is

48
Q

A restriction against the right to marry can only be imposed if it meets this level of scrutiny. Why?

A

Strict

It is considered part of the right to privacy

49
Q

The right to procreate is/isn’t a fundamental right protected under substantive dp.

A

Is

50
Q

Laws infringing on the the right to procreate require what level of scrutiny?

A

Strict

51
Q

A state may create what regarding a married woman, her husband, and her child

A

Create a irrebuttable presumption of paternity

52
Q

The right to custody of one’s children is/isn’t a fundamental right protected under substantive dp.

A

Is

53
Q

The right to keep the family together is/isn’t a fundamental right protected under substantive dp.

A

Is

54
Q

Laws infringing on the the right to custody of one’s children and the right to keep the family together must meet which level of scrutiny?

A

Strict

55
Q

The right to keep the family together is/isn’t a fundamental right protected under substantive dp.

A

Is

56
Q

The right to purchase and use contraceptives is/isn’t a fundamental right protected under substantive dp.

A

Is

57
Q

What feature of the unborn fetus will control the level of scrutiny in an abortion context?

A

Viability

58
Q

What does “viability” in the abortion context mean?

A

Able to survive outside the womb

59
Q

Prior to viability, states may not prohibit abortions, but may regulate them so long as . . .

A

They do not create an undue burden on the ability to obtain abortions.

60
Q

A requirement for a 24-hour waiting period for abortions is/isn’t an undue burden on a person’s ability to obtain one.

A

Isn’t

61
Q

A requirement that abortions be performed by licensed physician is/isn’t an undue burden on a person’s ability to obtain one.

A

Isn’t

62
Q

The prohibition of “partial birth abortions” is/isn’t an undue burden on a person’s ability to obtain one.

A

Isn’t

63
Q

After viability, states may prohibit abortions unless . . .

A

Abortion is necessary to protect the woman’s health or life.

64
Q

Must a government help subsidize abortions?

A

No

65
Q

Must a government provide subsidized abortions in public hospitals?

A

No

66
Q

Spousal consent and notification laws for abortion are/aren’t unconstitutional.

A

Are

67
Q

While spousal consent and notification laws for abortion are ordinarily unconstitutional, a state may require parental notice and/or consent for an unmarried minor’s abortion SO LONG AS . . .

A

The state creates an alternative procedure where a minor can obtain an abortion by going before a judge who can approve the abortion by finding it would be in the minor’s best interests or that she is mature enough to decide for herself.

68
Q

What case determined that the right to privacy protects the right to engage in private, consensual homosexual activity?

A

Lawrence v. Texas

69
Q

While competent adults have the right to refuse medical treatment, a state may require _______________ that a person wanted treatment terminated before it is ended.

A

Clear and convincing evidence

70
Q

Is a state permitted to prevent family members from termination medical treatment of another?

A

Yes

71
Q

There is/isn’t a constitutional right to physical-assisted death.

A

Isn’t

72
Q

What level of scrutiny is used to determined 2nd Amendment Cases?

A

Trick question. We’re not entirely sure.

73
Q

The Second Amendment permits ownership of guns for this purpose.

A

Security

74
Q

True of False? The 2nd Amendment right to bear arms is absolute.

A

False

75
Q

The government can regulate _____, ______, and ______ under the 2nd Amendment.

A

Who can own

Where they can be possessed

What type of guns

76
Q

Laws the prevent people from moving into a state are evaluated under which level of scrutiny?

A

Strict

77
Q

Durational residency requirements are evaluated under which level of scrutiny?

A

Strict

78
Q

What is the maximum length of time a state can require someone to live in its borders before he can qualify to vote?

A

50 days

79
Q

Restrictions on foreign travel are evaluated under which level of scrutiny?

A

Rational basis

80
Q

Laws that deny some citizens the right to vote are evaluated under which level of scrutiny?

A

Strict

81
Q

What must be true of regulations of the electoral process to prevent fraud?

A

They must be “on balance, desirable.”

82
Q

One-_____, one-_______ must be met for all state and local elections.

A

One-person, one-vote.

83
Q

For any elected body divided into districts, what must be true of those districts?

A

Must have about the same population

84
Q

At-large elections are constitutional UNLESS

A

There is proof of a discriminatory purpose.

85
Q

The use of race in drawing election district lines is evaluated under which level of scrutiny?

A

Strict

86
Q

The use of race in drawing election district lines, when meant to benefit minorities, is evaluated under which level of scrutiny?

A

Still strict

87
Q

True or False? Counting uncounted votes without standards in a presidential election violates EP.

A

True

88
Q

There is/isn’t a fundamental right to education.

A

Isn’t.

89
Q

For each of the three levels of scrutiny (RB, IS, SS), on whom is the burden of proof?

A

RB = challenger

IS = gov’t

SS = gov’t

90
Q

The Contract Clause applies only to state legislation, not ____ ______

A

Court decisions.

91
Q

Bills of Attainder are made unconstitutional by Article __, Sections __ and ____.

A

Article I, Sections 9 (Congress) and 10 (state)

Con Law (10 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions