Con Law Flashcards
(33 cards)
4 requirements for cases/controversies?
- ______
- ______
- ______
- ______
- Standing
- Ripeness
- Mootness
- Not a Political Question (PQD)
Standing requires that plaintiff prove that she has suffered an _____ or ____________ ___ __ ______.
Standing requires that plaintiff prove that she has suffered an Injury or Imminently will be injured.
Plaintiffs seeking injunctive/declaratory relief must show a ________________ __ _________ _______.
Plaintiffs seeking injunctive/declaratory relief must show a Likelihood of Future Harm.
See Lyons
Standing requires Causation and ________.
This requirement prohibits the court from issuing __________ opinions.
Standing requires Causation and Redressability.
This requirement prohibits the court from issuing advisory opinions.
3rd Party Standing: A plaintiff cannot assert claims of others (3rd parties) not before the Court, with 3 exceptions:
- ______
- ______
- ______
3rd Party Standing: A plaintiff cannot assert claims of others (3rd parties) not before the Court, with 3 exceptions:
- Close Relationship (between P & 3rd-party)
- 3rd-Party is Unlikely or Unable to Assert Their Own Rights
- Organization Suing on Behalf of Its Members
Per the doctrine of Generalized Grievances: : A plaintiff may not ____________________
(with a few exceptions)
Per Generalized Grievances:
A plaintiff may not sue solely as a citizen or taxpayer interested in having the government comply with a law.
(with a few exceptions)
Exception to Generalized Grievances
- A taxpayer has standing to challenge ______
Exception to Generalized Grievances
- A taxpayer has standing to challenge government expenditures pursuant to federal (or state and local) statutes as violating the Establishment Cause.
_____________ is the question of whether a federal court may grant pre-enforcement review of a statute or regulation.
Ripeness is the question of whether a federal court may grant pre-enforcement review of a statute or regulation.
Rational Basis requires a law be ____________ related to a(n) _______ government ______________.
Rational Basis requires a law be rationally related to a legitimate government purpose.
In Rational Basis analysis, the burden is on the ______________ to prove that the law is/is not rationally related.
In Rational Basis analysis, the burden is on the CHALLENGER to prove that the law is NOT rationally related.
Under a Rational Basis review, the __________ usually prevails.
Under a Rational Basis review, the government usually prevails.
Under Intermediate Scrutiny, a law is upheld if it is _________ related to a(n) _______ government ______.
Under Intermediate Scrutiny, a law is upheld if it is substantially related to an important government purpose.
“Substantially Related” may be referred to as “______________ly ____________.”
“Substantially Related” may be referred to as “Narrowly Tailored.”
Under Intermediate Scrutiny, the burden of proof is on the ____________.
Under Intermediate Scrutiny, the burden of proof is on the government.
Under Strict Scrutiny, a law is upheld if it is ____________ to achieve a(n) _______ government ______.
Under Strict Scrutiny, a law is upheld if it is necessary to achieve a compelling government purpose.
Under _________ Scrutiny, the Court will look to the government’s actual purpose in enacting a law or statute.
Under Strict Scrutiny, the Court will look to the government’s actual purpose in enacting a law or statute.
If the government violates the Equal Protection Clause by treating differently two otherwise similarly situated individuals by a law that discriminates on the basis of Gender, the law is subject to what level of scrutiny?
Intermediate Scrutiny.
Intermediate Scrutiny applies to Equal Protection violations on the basis of Gender.
If the government violates the Equal Protection Clause by treating differently two otherwise similarly situated individuals by a law that discriminates on the basis of Race or National Origin, the law is subject to what level of scrutiny?
Strict Scrutiny.
Strict Scrutiny applies to Equal Protection violations on the basis of Race, National Origin, or Religion.
If the government violates the Equal Protection Clause by treating differently two otherwise similarly situated individuals by a law that discriminates on the basis of age, the law is subject to what level of scrutiny?
Rational Basis.
Rational Basis applies to Equal Protection violations on the basis of age, as well as violations on all categories outside of the Strict and Immediate Scrutiny categories.
If the Federal Government passes a law that denies ALL citizens the ability to exercise a fundamental right, the Federal Government has violated citizens’ _____________________ rights.
Substantive Due Process rights.
If the Federal Government passes a law that denies ALL citizens the ability to exercise a fundamental right, the Federal Government has violated citizens’ Substantive Due Process rights.
The __________________ protects two similarly situated individuals from being treated differently by the federal government.
The Equal Protection Clause protects two similarly situated individuals from being treated differently by the federal government.
A violation of citizens’ Privacy Rights by the Federal Government is protected against by citizens rights to _________________.
Substantive Due Process rights.
Substantive Due Process protects citizens against a violation of citizens’ Privacy Rights by the federal government.
What broad rights are protected by Substantive Due Process?
- ____________
- ____________
- ____________
What broad rights are protected by Substantive Due Process?
- Privacy Rights (think C.A.M.P.E.R.S.)
- Right to Travel
- Right to Vote
_______________________ protects citizens against federal government interference with citizens’ rights to life, liberty , or property interests, without notice and fair hearing.
Procedural Due Process protects citizens against federal government interference with citizens’ rights to life, liberty , or property interests, without notice and fair hearing.
