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27 Cards in this Set

  • Front
  • Back
What is the ripeness requirement
"If the plaintiff is seeking relief prospectively, generally he cannot be heard in federal court because the case is not yet ripe"
What is the abstention doctrine
"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."
What is the mootness doctrine
"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."
What does the court consider in standing cases
Whether there is an active threat of injury to P that is caused by D and the threat can be rectified by the court
What powers does the commerce clause give to the federal government
(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.
What types of laws cannot be passed under the commerce clause
those that attempt to regulate noneconomic interstate activity
What does the DCC say
A state usually cannot favor in-state interests over out-of-state interests unless it is acting as a market participant.
What level of review applies for EP violation of a suspect class or fundamental right
SS - compelling government interest & least restrictive alternative
Which EP classifications are awarded intermediate scrutiny (substantially related to an important government interest)
Gender and Legitimacy
When does a right to individualized adjudication apply
"When the government seeks to deprive an individual of life, liberty, or property"
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
(1) Importance of the interest involved; (2) Value of specific procedural safeguards to that interest; (3) The government interest in fiscal and administrative efficiency
When can speech be regulated in public forums and designated public forums
By content neutral regulations that are narrowly tailored to serve a significant government interest and that leave open alternative channels of communication.
When can speech be regulated in nonpublic forums
By viewpoint neutral laws that are reasonably related to a legitimate government purpose.
When is a statute vague
When it is unclear what behavior is prohibited
When is a statute overbroad
When it outlaws protected behavior
What is a prior restraint
"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."
What is protected by the right to associate
(1) govt can't compel us to divulge what associations we belong to; (2) govt can force clubs to divulge membership lists
What is not protected under the freedom to associate
(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
What does the free exercise clause say
"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"
What is the establishment clause
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
What is the normal remedy for a governmental taking
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)
"When may the government condition building or development permits on a landowner's conveying title to some property, or allowing public access"
Only if the conveyance or access is to redress a problem that will be caused by the building or development
When do use restrictions amount to a taking
When they deny all economic value of the land & leaves no economically viable use for the property
When do physical appropriations amount to a taking
They always amount to a taking unless in emergency and nuisances
When does a private person perform an exclusive public function
Running a company town and running an election
When does a state facilitate a private person's actions
"(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."
What does an Ex post facto law do
"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."