Levels of Scrutiny Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

rational basis test

A

Law is UPHELD if it is RATIONALLY RELATED to a LEGITIMATE GOVERNMENT PURPOSE

gov purpose - just need a conceivable purpose
challender has BOP of showing no conceivable legit purpose or not rationally related

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

intermediate scrutiny

A

law is UPHELD if it is SUBSTANTIALLY RELATED to an IMPORTANT government purpose

purpose - look at ACTUAL PURPOSE
substantially related - very good way to achieve goal

BOP - gov has BOP

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

strict scrutiny

A

law is upheld if it is NECESSARY to achieve a COMPELLING government purpose

look to actual purpose
necessary - must be the least restrictive alternative (no other way to achieve it)
BOP - on gov

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