PA Con Law Distinctions Flashcards

1
Q

What rights does the PA Constitution offer for expungement?

A

The right to petition the court for expungement of a dismissed “protection from abuse” proceeding

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2
Q

Under the PA Constitution, when may the state deny someone the right to a lawful occupation?

A

The state must show:

  1. A rational basis for its denial of the right to a lawful job, and
  2. The law is not unreasonable, unduly oppressive, or patently beyond the necessities of the case
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3
Q

Does the PA Constitution protect speech on the premises of private colleges?

A

Yes, if an event has been held open to the public

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4
Q

Does the PA Constitution protect nude dancing?

A

Yes, nude dancing is expressive conduct and thus “content-based” speech

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5
Q

Does the PA Constitution allow the State to ban business from conducting business on Sundays?

A

No, Blue Laws are unconstitutional

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6
Q

Can PA pass laws for a one-member class?

A

No, such laws are unconstitutional if:

  1. Only one class member;
  2. Impossible or highly unlikely another would join the class; and
  3. The class does not bear a “fair and substantial relationship” to the legislation
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7
Q

Can single school districts be exempt from general rules for schools?

A

No

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8
Q

What are the four factors a lawyer should raise when assessing a constitutional issue under the PA Constitution?

A
  1. The text of the PA constitution;
  2. The history of the provision;
  3. Related caselaw from other states; and
  4. Policy considerations
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