Std of review Flashcards

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1
Q

SS review laws almost always

A

fail

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2
Q

fundamental riughts are ___ the circle

A

inside - gets SS

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3
Q

OUTSIDE t he circle gets

A

rb review

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4
Q

Difference between CSI, important gov objective, and leg gov objective is

A

degrees

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5
Q

Legit gov objective just needs:

A

to be legitimate. Can be unwise. Gets RB-

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6
Q

Important gov objective needs

A

to be legit and reasonable and sub related to gov objective. Scrutiny is determined on if its a fundamental right or not. “You try to go”

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7
Q

CSI -

A

“You must go”

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8
Q

It’s important to know they dont fail at CSI or important gov objective fails at…

A

For CSI- nt, no less restrictive means

IGO- fails at sub related.

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9
Q

age

A

rb

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10
Q

marriage and procreation

A

ss

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11
Q

fundamental right gets

A

ss

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12
Q

SS Review

A

CSI- NT, NO less restrictive means needs perfect fit - on exam will have to come up with on our own for exam if it fails.

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13
Q

RB review.

A

Legitimate gov objective which are 1. 2. 3… o nexam list.

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14
Q

sexual orientation gets

A

rb+

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15
Q

travel gets

A

ss

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16
Q

pure economic regulation gets /wealth

A

rb

17
Q

Courts can use efficiency/admin convenience for the reason under..

A

RB only

18
Q

Efficiency for reason under I/S or S/S

A

fails

19
Q

mental retardation gets ____ review

A

rb+, unless if law ISNT based in animus RB

20
Q

CLASSIFICATION BY RACE–

A

SS

21
Q

GENDER

A

I/S—DOESNT matter who brings!

22
Q

Stds of Review under EP and SDP

A

ARE THE SAME

23
Q

SS classificaiton–

A

history of discrim; immutable trait, politically powerless

24
Q

difference between rb and rb+

A

tricky. rb never gets overturned, rb+ law always fails

25
Q

penrose thoughts on rb+

A

court may sense injustice and wants to fix it

26
Q

Fundamental right analysis *** look up

A
  1. Look to history - kennedy shows it can look to short term.
  2. Could the concept of ordered liberty survive? with/withouyt law.
27
Q

fund right analysis 2

A
  1. If fundamental right- ss

if not, rb

28
Q

For CSI, lgo, igo, the reasons used must be

A

legit- cant just put them for show. “motivating factor”