Cal Bar 2012 - Con Law Flashcards

Front 1

Rational Basis Test

Back 1

rationally related to a legitimate government purpose

Front 2

intermediate scrutiny

Back 2

substantially related to an important government interest (narrowly tailored)

Front 3

Strict Scrutiny

Back 3

necessary to achieve compelling government interest (least restrictive means)

Front 4

Procedural Due Process

Back 4

Deprivation of life, liberty or property due to intentional or reckless gov't conduct.
GAI Balancing Test

Front 5

GAI

Back 5

Procedural Due Process
Government Interests
Accurace (what additional procedures?
Individuals Interest

Front 6

Ex Post facto

Back 6

Congress may not punish someone for a law passed after the crime was committed

Front 7

Bill of attainder

Back 7

congress cannot pass laws declaring a person or group guilty of some crime and punishing w/o trial

Front 8

Classes that get SS

Back 8

race, national origin, alienage, religion

Front 9

Classes that get IS

Back 9

alien children, non-marital children, gender (+exceeding persuasive justification)

Front 10

Classes that get RBT

Back 10

Everything not in SS or IS

Front 11

Fundamental Equal Protection Clause Rights (that get SS)

Back 11

Right to Travel (P & I)
Voting requirements after 50 days of residency not ok. Ect.
Right to Vote (ss)

Front 12

Substantive Due Process (SDP)

Back 12

government must have adequate reason for taking away persons life, liberty or property

Front 13

Test for Economic Liberties taken away under substantive due process

Back 13

RBT

Front 14

Takings Clause Test

Back 14

Must be for public use and must provide just compensation measured by loss to owner.

Front 15

Types of Takings

Back 15

possessory (confiscation); regulatory (leaves no reasonable economic value, balance benefit v. burden), exactions (regulations on property developments must be proportionate to benefit)

Front 16

Privacy Rights (CAMPeR)

Back 16

All SS Except Abortion: contrception, abortion (no undue burden), marriage, procreation, relations (family), refuse medical treatment

Front 17

Overbredth

Back 17

1st Amendment- Facial Attacks
regulates substantially more than the contst. allows)

Front 18

Vagueness

Back 18

1st Amendment- Facial Attacks
reasonable person can not tell what is prohibited

Front 19

Prior Restraints

Back 19

1st Amendment- Facial Attacks
(reg by gov that prevents speech before it happens)
narrowly drawn standards, injunction must be brought, prompt and final determination of validity

Front 20

Unfettered Discretion

Back 20

1st Amendment- Facial Attacks
No reasonable or definite standard, up to indv disscretion never good

Front 21

Symbolic Speech

Back 21

Regulate if necessary and important to a government interest

Front 22

Content Based Regulation Test

Back 22

SS unless clear and present danger, fighting words, defamation, obscenity, commercial speech, child porn

Front 23

clear and present danger

Back 23

Content based-no SS when directed at, and likely to produce imminent unlawful action

Front 24

fighting words

Back 24

content based w/o ss: likely to provoke a person to violence

Front 25

Defamation

Back 25

content based w/o ss: public fig +pub matter=falsity and malice
pub matter +private figure+falsity + negligence, private+ private=no proof?

Front 26

obscenity

Back 26

content based w/o ss: appeals to pruient interest in sex (comm. standard) and lacks serious artistic, liteary, political or scientific value (national standard)

Front 27

Commercial speech

Back 27

Content based w/o SS: IS but does not protect false or misleading ads and attorney in person solicitation

Front 28

Content Neutral Speech Restrictions

Back 28

Time, Place, Manner test:
Public forum=IS and alternative channels availible, limited public forms same as above if gov't opens them, non public forums=rbt for closing+ viewpoint neutral

Front 29

Freedom of Association-Punishment for Group Membership

Back 29

SS. Gov't can punish only if actively afiliated, knowledge of illegal activities, specific intent to further illegal activities

Front 30

Freedom of Association-Disclosure of group lists

Back 30

SS

Front 31

freedom of association- laws prohibiting group from discrimination

Back 31

ok unless they interfere with intimate association or expressive activity

Front 32

Freedom of Press-right of access

Back 32

right to attend criminal and civil trials, may be outweighed by articulated overding gov interest.

Front 33

Freedom of Press - newspapers

Back 33

no reporters confidential priv.

Front 34

Freedom of Press- Broadcasters

Back 34

subject to more regulation, equal access to broadcast time may be required

Front 35

Free exercise clause

Back 35

No punishment for religious beliefs.
(1)neutral law of general applicability (use SS if not)
(2) sincerity of belief
(3) cant punish for being part of religions

Front 36

Establishment Clause

Back 36

Regulation of religious speech is SS
SEX test for entanglement:
(1) Secular Purpose
(2)Secular Effect
(3)no excessive entanglement w/ religion

Front 37

Standing

Back 37

(1) injury
(2) causation
(3) redressability

Front 38

abstention

Back 38

fed courts abstain when there is unsettled matter of state law

Front 39

mootness

Back 39

has to be an ongoing dispute

Front 40

ripeness

Back 40

actual or imminent legal dispute

Front 41

political question

Back 41

court will not decide political issues

Front 42

dormant commerce clause

Back 42

no burden on interstate commerce unless neccessary + important (ie protecting natural resources), congressional approval or market participant