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27 Cards in this Set
- Front
- Back
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What is the ripeness requirement
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"If the plaintiff is seeking relief prospectively, generally he cannot be heard in federal court because the case is not yet ripe"
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What is the abstention doctrine
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"If a D has been charged in state court and then files a case in federal court seeking to remedy alleged violations of his federal rights, the federal courts will generally abstain until the state court has disposed of the matter. A federal court will also abstain where a P brings a federal constitutional claim that is premised on an unsettled question of state law."
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What is the mootness doctrine
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"If after a case is filed and before its resolution, the dispute is resolved, a federal court will dismiss the case on mootness grounds unless: (1) the case involves an issue of short duration so that it is unlikely anyone could ever be heard on the issue; (2) the D settles but is free to resume the complained of conduct; or (3) D is representing a class, some of whom still have claims that are not moot."
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What does the court consider in standing cases
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Whether there is an active threat of injury to P that is caused by D and the threat can be rectified by the court
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What powers does the commerce clause give to the federal government
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(1) Regulate the channels of interstate commerce; (2) Regulate instrumentalities of interstate commerce; (3) Regulate activities that themselves or in combination with other activities have a substantial economic effect on interstate commerce.
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What types of laws cannot be passed under the commerce clause
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those that attempt to regulate noneconomic interstate activity
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What does the DCC say
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A state usually cannot favor in-state interests over out-of-state interests unless it is acting as a market participant.
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What level of review applies for EP violation of a suspect class or fundamental right
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SS - compelling government interest & least restrictive alternative
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Which EP classifications are awarded intermediate scrutiny (substantially related to an important government interest)
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Gender and Legitimacy
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When does a right to individualized adjudication apply
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"When the government seeks to deprive an individual of life, liberty, or property"
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What is taken into consideration when considering whether a person who has been (or is about to be) deprived of a government benefit was entitled to a predeprivation hearing
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(1) Importance of the interest involved; (2) Value of specific procedural safeguards to that interest; (3) The government interest in fiscal and administrative efficiency
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When can speech be regulated in public forums and designated public forums
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By content neutral regulations that are narrowly tailored to serve a significant government interest and that leave open alternative channels of communication.
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When can speech be regulated in nonpublic forums
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By viewpoint neutral laws that are reasonably related to a legitimate government purpose.
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When is a statute vague
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When it is unclear what behavior is prohibited
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When is a statute overbroad
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When it outlaws protected behavior
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What is a prior restraint
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"Any governmental action that prevents a communication from reaching the public. They will only be upheld if there is some special societal harm that justifies the restraint. - Upheld when the restraint in contractual agreement, national security, right to a fair trial, preventing dissemination of obscentiy, and the interest of maintaining discipline in the military."
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What is protected by the right to associate
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(1) govt can't compel us to divulge what associations we belong to; (2) govt can force clubs to divulge membership lists
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What is not protected under the freedom to associate
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(1) The govt can require employees to take loyalty oaths promising to support the con & not overthrow the govt by unlawful means; and (2) the government can restrict employees from taking an active part in political campaigns
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What does the free exercise clause say
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"General laws will be upheld if it incidentally interferes with religious conduct, except (1) the amish have a right to not educate their kids past 16; (2) Sabbatarrians cannot be refused unemployment compensation merely because they refuse to work on their Sabbath; and (3) Persons cannot be refused unemployment compensation merely because they refused employment in a job that interfered with religious beliefs"
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What is the establishment clause
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A government program will be valid only if it (1) has a secular purpose; (2) has a primary effect that neither advances nor inhibits religion; and (3) does not produce excessive government entanglement with religion
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What is the normal remedy for a governmental taking
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just compensation - the fair market value of the property at the time of the taking (ordinary loss to the owner rather than gain to the taker)
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"When may the government condition building or development permits on a landowner's conveying title to some property, or allowing public access"
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Only if the conveyance or access is to redress a problem that will be caused by the building or development
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When do use restrictions amount to a taking
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When they deny all economic value of the land & leaves no economically viable use for the property
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When do physical appropriations amount to a taking
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They always amount to a taking unless in emergency and nuisances
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When does a private person perform an exclusive public function
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Running a company town and running an election
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When does a state facilitate a private person's actions
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"(1) strong official encouragement; (2) involvement of a state official; (3) symbiotic relationship; (4) Providing a discriminator with police protection, regulating an industry heavily, granting a business license, and the like ARE NOT sufficient for government involvement."
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What does an Ex post facto law do
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"retroactively alters a criminal law by making criminal, conduct that was not prohibited when performed or increasing the penalty for criminal acts that have already been performed."
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