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6 Cards in this Set
- Front
- Back
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Substantive Due Process Generally |
1. Protected Liberty? 2. Economic Liberty = Rational Relationship 3. Not Fundamental = Rational Relationship 4. Fundamental? 5. No Undue Burden = Rational Relationship 6. Undue Burden = Strict Scrutiny |
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Fundamental Liberty |
1. Right so implicit in concept of ordered liberty that no liberty or justice could exist without it 2. Deeply rooted in nation's history or tradition |
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Undue Burden |
Purpose or effect of placing a substantial obstacle in the path of liberty |
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Rational Relationship Test |
1. Legitimate government purpose 2. Law has any possible relationship to the purpose |
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Strict Scrutiny Test |
1. Compelling government Interest 2. Law narrowly tailored to protect that interest |
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When to overrule a case |
1. rule has proven Unworkable 2. rule has Reliance that would cause hardship and inequity if overruled 3. rule is a doctrinal Anachronism 4. the Facts have changed to rob rule of application/justification (U-R-A-Frickingbadlaw) |
