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