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13 Cards in this Set
- Front
- Back
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What are the types of due process challenges?
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1. No fundamental right
2. Fundamental right |
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What are types of fundamental rights?
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1. Privacy
2. Interstate travel 3. Voting 4. First Amendment 5. Right to parent |
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What are the suspect classes?
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1. Race
2. National origin 3. Alienage (sometimes) |
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What are the quasi-suspect classes?
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1. Gender
2. Legitimacy |
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In a due process challenge where NO fundamental right is involved, what is the applicable test?
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Rational basis
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In a due process or equal protection challenge where a fundamental right is involved, what is the applicable test?
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Strict scrutiny
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In an equal protection challenge where a suspect class is involved, what is the applicable test?
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Strict scrutiny
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In an equal protection challenge where a quasi-suspect class is involved, what is the applicable test?
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Intermediate scrutiny
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In an equal protection challenge where no fundamental right, suspect class, or quasi-suspect class is involved, what is the applicable test?
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Rational basis
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What is strict scrutiny?
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Law is necessary to achieve a compelling government purpose (burden on government)
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What is intermediate scrutiny?
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Law substantially relates to an important governmental purpose (burden on government)
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What is rational basis scrutiny?
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Law is rationally related to a legitimate government purpose (burden on challenger)
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What is the right to parent and what is the standard of scrutiny?
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The right to parent/raise children as see fit is a fundamental right and intervention in that right requires a showing of compelling government interest.
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