New-ish questions

Question 1

What is the Erie Doctrine?

Answer 1

A federal court called upon to resolve a dispute not directly implicating a federal question (most commonly when sitting in diversity jurisdiction, but also when applying supplemental jurisdiction to claims factually related to a federal question or in an adversary proceeding in bankruptcy) must apply state substantive law.

Question 2

What is strict scrutiny?

Answer 2

If law infringes a fundamental constitutional right, it may apply the strict scrutiny standard. Gov’t must demonstrate the law is necessary to achieve a “compelling state interest” and that it is “narrowly tailored” to achieve the compelling purpose, and uses the “least restrictive means” to achieve the purpose.

Question 3

What is rational basis review?

Answer 3

The normal standard of review when considering constitutional questions, including due process or equal protection questions under the Fifth Amendment or Fourteenth Amendment. Courts applying rational basis review seek to determine whether a law is “rationally related” to a “legitimate” government interest, whether real or hypothetical.

Question 4

What is intermediate scrutiny?

Answer 4

In order to overcome the intermediate scrutiny test, it must be shown that the law or policy being challenged furthers an important government interest by means that are substantially related to that interest.

Question 5

What are the elements of standing/justiciability?

Answer 5

Injury in fact, causation, redressability

Question 6

What are the elements of an injury in fact?

Answer 6

Concrete, particularized, and actual/imminent