Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
33 Cards in this Set
- Front
- Back
- 3rd side (hint)
|
Requirements of Judicial Review
|
SERF (think surf into court)
|
Standing, Exhaustion, Remedies, Finality
|
|
|
Standing
|
IIR
|
Injury, Interests Should Be Considered, Redressable Injury
|
|
|
Exception to exhaustion of administrative remedies
|
CFUN
|
Constitutional Issue, Futile or Inadequate Situation, Unreasonable Delays, Not Required
|
|
|
Judicial review of adminstrative rules
|
CUSA
|
Const. Violation, Unlawful proced., Stat. auth. exceeded, A&C
|
|
|
Judicial review of adminstrative orders
|
CUSEND
|
Const. Violation, Unlawful proced., Stat. auth. exceeded, Erroneous Interp/App, Not supported by subst. evidence, Disqualification improperly denied
|
|
|
Powers for federal government
|
CAMP FTC
|
Commerce regulation/Trade, Admiralty, Military, Postal service, Foreign affairs, Taxing & spending, Citizenship & immigration
|
|
|
To Determine Whether Pre/Post Deprivation Hearing Needed
|
Matthews v. Eldridge balancing test
|
Importance of individual interest + risk of erroneous deprivation versus Cost to government + administrative burden & availability of additional safeguards
|
|
|
Fundamental Right Test
|
1-VIP
|
1st Amendment, Voting, Interstate Travel, Privacy Rights
|
|
|
Privacy Rights
|
CAMPERM
|
Contraception, Abortion, Marriage, Procreation, Education, Relations, Medical Autonomy
|
|
|
Suspect Classes
|
RANG
|
Race, Alienage or Citizenship, National Origin, Gender/Sex
|
|
|
Governing Law
|
US Constitution, Washington Constitution, Washington APA (RCW 34.05)
|
|
|
|
Similarly situated persons not being treated similarly
|
Equal Protection Clause of 14th Amendment
|
|
|
|
Strict Scrutiny
|
Law NECESSARY for COMPELLING government interest, NARROWLY TAILORED (not overly broad, no less intrusive means). BOP on state
|
|
|
|
Intermediate Scrutiny
|
Quasi-Suspect: SUBSTANTIALLY RELATED to IMPORTANT purpose. State BOP.
|
|
|
|
Rational Basis
|
Non-suspect (age, wealth) RATIONALLY RELATED to LEGITIMATE interest. Plaintiff BOP
|
|
|
|
Individual Right Deprived (Process)
|
14th Amendment Due Process: Notice & Opp to be heard for life, liberty, prop interest (NOT, Matthews)
|
|
|
|
Deprivation (Affecting ALL persons, not treating similarly situated differently)
|
Substantive due process (14th Amendment)
|
If FUNDAMENTAL: strict scrutiny (1-VIP-CAMPERM); if not, rational basis.
|
|
|
Types of Discrimination
|
Facial (on face), Neutral (highly disproportionate impact + obvious/discriminatory intent)
|
|
|
|
Gender/Sex in WA
|
SS--only okay if based on unique phys characteristics. Diff than federal (Gunwall)
|
|
|
|
Religion: RELIGIOUS FREEDOM
|
(1) BELIEF OR CONDUCT? Gunwall provides more protection than Federal Constitution free exercise or federal establishment clause
|
BELIEFS ALWAYS PROTECTED. Coercive effect? If facially neutral, RB. If not, SS. Under, WA, even incidental effect may be constitutional. Substantial burden should be justified by compelling interest & narrowly tailored.
|
|
|
Establishment Clause
|
Can't prefer one religion or religion (Lemon)
|
PRIMARY PURPOSE seculary, effect neutral, not excessive entanglement. WA: Public resources? If yes, applied to worship, exercise, instruction or support?
|
|
|
Free Speech Facial Attacks
|
Vague/overbroad, unfettered discretion
|
|
|
|
Content-Neutral
|
NARROWLY Tailored time, place, manner restrictions in public. Public forum or limited public (schools), RB, viewpoint neutral.
|
|
|
|
Content-Specific Speech
|
Disfavored. SS. Unprotected forms of speech.
|
|
|
|
Prior Restraints on Speech
|
Govt must prove. IMPORTANT interest (military). Not vague/overbroad. Unifrom app, quick judicial reeview.
|
|
|
|
State discrimination against other state residents re: state rights
|
Art. IV P&I
|
Fundamental state rights, including commercial activities. Only allowed if NR particular source of evil & no less restrictive means
|
|
|
Dormant Commerce Clause
|
Law must be non-discriminatory, not unduly burden interstate commerce
|
|
|
|
Proposed Rule
|
20 days written notice, published in state register, open hearing. w/I 60 days of petition to do anything to it, deny or begin RM proceedings
|
|
|
|
Application for Adjudication
|
Approve or deny w/I 90 days w reasoning & review avenues. Inform of mistakes.
|
|
|
|
Presiding Officers
|
DQ for prejudice/bias like judge. Impartial, unbiased. Officer can't investigate
|
|
|
|
Adjudication Process
|
Repped. 7 DAY WRITTEN NOTICE w hearing number, date, matters, auth, parties. Maybe discovery. Record, public.
|
|
|
|
Evidence in Adjudications
|
Relaxed, but: under oath, docs allowed, notice of spec facts, hearsay if credible, no ex parte contacts
|
|
|
|
Order Entry/Review
|
Findings on record. Stay for 10 days. Reconsideration in 10 days. Not prereq for jud review.
|
|
