Test 1 Flashcards
14th Amendment-
No state will “deny to any person within its jurisdiction the equal protection of its laws.
Substantive due process-
When the law limits the liberty of all persons to do something.
Equal Protection-
When the law limits some persons, but not others, to do something.
Minimal scrutiny-
Rational basis test. The law or action is valid if there is any conceivable rational basis on which the classification might relate to any legitimate governmental interest.
Intermediate scrutiny-
The law must be substantially related to important government objectives. Generally applied to gender discrimination cases.
Strict scrutiny-
Law will be upheld only if it is necessary to promote a compelling state interest. Generally applied to issues such as race.
The Commerce Clause
Article 1, Section 8 states that the congress has the power to “regulate commerce with foreign nations and among the several states and with the Indian tribes.”
Interstate commerce-
Gibbons vs Ogden. Congress has authority to regulate as long as “the commerce substantially affected commerce involving more than one state”
Police powers-
State and local governments have the authority to regulate affairs within their borders. Laws enacted to police powers carry a strong presumption of validity.
Supremacy Clause-
The Constitution, laws and treaties of the United States are the “supreme law of the land.”
Doctrine of Preimption
A doctrine under which certain federal laws preempt or take precedence over certain state or local laws.
First Admendment
Courts generally have protected this right to the fullest extent possible.
A restriction of commercial speech is valid if it(name 3):
1) Seeks to implement a substantial government interest
2) Directly advances that interest
3) Goes no further than necessary to accomplish the objective
Establishment Clause-
The government cannot establish a state- sponsored religion or pass laws that endorse religion or show a preference for one religion over another.
A government law concerning religion is legal if (name 3):
1) Must be secular in aim
2) Must not have the primary effect of advancing or inhibiting religion
3) Must not create an excessive government entanglement with religion
Free exercise clause-
A person can hold any religious beliefs including no beliefs.
Due Process-
No person shall be deprived of life, liberty and property without due process of law. 5th and 14th amendment
Procedural Due Process-
Requires that any government decision to take life, liberty or property must be fairly made. A person must be allowed at least an opportunity to object to a proposed action before a fair, neutral decisionmaker.
Substantive due process-
Focuses on the content, or substance of the legislation (the law itself).
Fundamental rights-
If a law or other governmental action limits a fundamental right, the law or action will be held to violate substantive due process unless the law or action promotes a compelling state interest.
Non-fundamental rights-
If a law or governmental action does not involve a fundamental right, it does not violate substantive due process so long as it rationally relates to any legitimate governmental end.
Judicial review-
The process by which a court decides on the constitutionality of legislative acts and actions of the executive branch.
Jurisdiction-
Authority of a court to hear a case.
Four types of jurisdiction:
1) Jurisdiction over persons (in personam jurisdiction)
2) Jurisdiction over property (in rem jurisdiction)
3) Jurisdiction over subject matter
4) Jurisdiction of federal courts
Personal jurisdiction-
Generally a court can exercise personal jurisdiction over residents of a certain geographical area.
Long-arm statutes (corporations)-
Minimum contacts with a corporation is generally met if the corporation does business within the state.
Long arm statutes (people)
A defendant must have certain minimum contacts with that state for the statute to apply.
Jurisdiction over property-
A defendant must have certain minimum contacts with that state for the statute to apply.
Jurisdiction over subject matter-
The jurisdiction of a court can be limited by the types of cases it can hear. Court of general jurisdiction. Court of limited jurisdiction.
Original Jurisdiction-
Court in which a case is heard for the first time.
Appellate Jurisdiction-
Court that reviews decisions made by the court with original jurisdiction. These courts review questions of law, not the facts.
Federal jurisdiction-
The federal court’s jurisdiction extends to cases involving the federal constitution, federal laws or treaties.
Federal courts can hear question in regards to _______ of ______.
Diversity of citizens cases.
What are the requirements for diversity of citizens cases?
!) More than 75,000
2) Citizens of different states.
3) Citizens of different countries.
Exclusive jurisdiction-
Where only one court can hear a case.
Concurrent jurisdiction-
Where more than one court can hear a case.
