Con Law I

Front 1

PROCEDURAL DUE PROCESS

WHAT IS DEPRIVATION?

Back 1

BEHAVIOR BY THE GOVERNMENT THAT SHOCKS THE CONSCIENCE

Front 2

PROCEDURAL DUE PROCESS

3 BASIC QUESTIONS

Back 2

1. Has there been a deprivation?

2. Is it of "life, liberty, or property"?

3. Is it without "due process of law"?

Front 3

PROCEDURAL DUE PROCESS

WHAT CONSTITUTES PROPERTY?

Back 3

DETERMINED BY: COMMON LAW, STATUTE, CONTRACT, OR CUSTOM.

A legitimate claim of entitlement.

Front 4

PROCEDURAL DUE PROCESS

WHAT IS A PROTECTED LIBERTY?

Back 4

Created by statute or inherent in the 14th amendment.

Paul v. Davis - Reputation interest standing alone NOT liberty interest or property.

- If you allege a deprivation it has to include a tangible property interest.

Front 5

PROCEDURAL DUE PROCESS

PRISONER INTEREST

Back 5

Is the prisoner being treated in a way that causes an "atypical and significant hardship" relative to ordinary incidents of prison life.

Front 6

TAKINGS

2 REGULATORY TAKINGS

Back 6

1. Regulation that causes physical "invasion" of owner's property.

2. Regulation that denies all economically beneficial or productive use of land.

Front 7

POSSESSORY TAKINGS

LORETTO

Back 7

Physical invasion is a taking, regardless of public interest, or amount of invasion.

Front 8

REGULATORY TAKINGS

PENN CENTRAL TEST

Back 8

The 3 factor test:

1. The economic impact of the regulation on the claimant

2. The character of the governmental regulation

3. Deference to state determinations of health, safety, morals, or general welfare.

Front 9

TAKING

IS IT FOR PUBLIC USE

Back 9

Whether the taking is "rationally related to a conceivable public purpose."

Front 10

JUST COMPENSATION

Back 10

The Court has consistently ruled that just compensation is measured in terms of the loss to the owner.

Front 11

THE CONTRACTS CLAUSE

Back 11

Article I, Section 10 provides that "[n]o State shall . . . pass any . . . Law impairing the Obligation of Contracts.

Front 12

WHEN A STATE OR LOCAL GOV'T INTEREFERES WITH EXISTING PRIVATE CONTRACTS

3 PART TEST

Back 12

1. Is impairment severe, considering factors such as whether industry has been regulated in the past?

2. If severe impairment, there must be "significant and legitimate public purpose" for impairment; &

3. If purpose found, law must be "necessary and reasonable" means of advancing purpose.

Front 13

HELLER

Back 13

DC gun ban.

Court determines that the Second Amendment protects an individual right to bear arms for self-defense (and perhaps hunting)

Front 14

JUSTICIABILITY

CASE AND CONTROVERSY

Back 14

- Adverse parties

- Real Controversy

- Judgment will finally resolve the dispute between the parties.

Front 15

STANDING

ALLEN

Back 15

1. Injury - Lujan, Lyons - Real not speculative

2. Causation - Fairly traceable to D's alleged conduct

3. Redressability - That is likely to be redressed by requested relief.

Front 16

STANDING

THIRD PARTY

Back 16

You must assert your own constitutional/legal rights.

EXCEPTION:

1. Injury in fact

2. close relationship between litigant & 3rd party

3. Obstacles to third party asserting own right.

Front 17

STANDING

GENERALIZED GRIEVANCES

Back 17

- Federal Courts will exclude most generalized grievances by citizens & taxpayers who have no more specific injury.

Front 18

RIPENESS

ABBOTT LABORATORIES TEST

Back 18

- Fitness of the issue for judicial decision, and

- the hardship to the parties of withholding court consideration.