Individual Rights

Question 1

A procedural due process inquiry asks . . .

Answer 1

whether gov’t has followed adequate procedures when it took away life, liberty, or property.

Question 2

A substantive due process inquiry asks whether . . .

Answer 2

Gov’t has an adequate reason for taking away life, liberty, or property.

Question 3

An equal protection inquiry asks whether . . .

Answer 3

the gov’t’s differences in the treatment of people are adequately justified.

Question 4

What is the first question you should ask when posed with a procedural due process question?

Answer 4

Has there been a deprivation of life, liberty, or property?

Question 5

A deprivation of liberty occurs if there is the loss of what?

Answer 5

A significant freedom provided by the Constitution or statute

Question 6

Before an adult can be imprisoned, there must be ____ and ____.

Answer 6

Notice

a Hearing

Question 7

If a parent elects to institutionalize a child, there only needs to be what to satisfy procedural DP?

Answer 7

A screening by a neutral fact-finder

Question 8

A deprivation of property occurs if . . .

Answer 8

There is an entitlement and that entitlement is not fulfilled.

Question 9

Government negligence is/isn’t sufficient for a deprivation of due process.

Answer 9

Isn’t

Question 10

Harm to reputation is/isn’t enough to constitute a loss of liberty.

Answer 10

Isn’t

Question 11

Gov’t negligence is not sufficient for a deprivation of due procress. Generally, there must be _____________ or at least _____________ for liability to exist.

Answer 11

Intentional gov’t action

Reckless gov’t action

Question 12

In emergency situations, the government is liable under due process only if its conduct does what?

Answer 12

Shocks the conscience.

Question 13

Prisoners always/sometimes/rarely/never have liberty interests.

Answer 13

Rarely

Question 14

The government will only incur a duty to protect people from privately inflicted harm IF one of the following two things is true

Answer 14

1) Person is in gov’t custody; or

2) Gov’t creates the danger

Question 15

In order to determine the procedures required under procedural DP, courts will balance what 3 factors?

Answer 15

Importance of the interest to the individual

Ability of additional procedures to increase the accuracy of the fact-finding

The Govt’s interest

Question 16

Generally speaking, what is the government interest in a procedural DP problem?

Answer 16

Efficiency

Question 17

Is an American citizen, held as an enemy combatant, entitled to due process?

Answer 17

Yes

Question 18

Punitive damages require _______ and ________.

Answer 18

Instructions to the jury

Judicial review

Question 19

Will due process concerns serve to invalidate an award of excessive punitive damages?

Answer 19

Yes

Question 20

With one exception, the gov’t seizure of assets (i.e., prejudgment attachment) must be preceded by notice and hearing. What is the exception?

Answer 20

Exigent circumstances

Question 21

Absent exigent circumstances, a gov’t seizure of assets (i.e., prejudgment attachment) must be preceded by which two things?

Answer 21

Notice and a hearing

Question 22

True or false: corporal punishment requires due process

Answer 22

False. No DP required

Question 23

Before a parent’s custody rights can be taken away, there must be what and what?

Answer 23

Notice and a hearing

Question 24

For laws affecting economic rights, which level of scrutiny?

Answer 24

Rational basis

Question 25

What is required in order for the gov't to take private property for public use?

Answer 25

Just compensation

Question 26

What are the two ways in which the gov't can effectuate a taking?

Answer 26

Possessory taking Regulatory taking

Question 27

A possessory taking occurs when the government . . .

Answer 27

Confiscates or physically acquires property

Question 28

A regulatory taking occurs when the gov't . . .

Answer 28

Acts in such a way that it leaves a person without any reasonable economically viable use of his property

Question 29

Is a decease in value enough to constitute a regulatory taking? Explain.

Answer 29

No. The act must leave a person without any reasonable economically viable use of his property

Question 30

Government conditions of the development of property must be justified by a benefit that is ______________________ to the burden imposed. Otherwise, it is a taking.

Answer 30

Roughly proportionate

Question 31

True or false: A property owner may not bring a takings challenge to regulations that existed at the time the property was acquired.

Answer 31

False

Question 32

When will a temporary denial of an owner's use of his property not be a taking?

Answer 32

When the gov't's action is reasonable.

Question 33

When will the government's use of a property be considered public?

Answer 33

When the gov't acts out of a reasonable belief that the taking will benefit the public.

Question 34

Just compensation for property is measured in terms of this, not this.

Answer 34

Measured in terms of loss to the owner NOT gain to the taker.

Question 35

What does the Contracts Clause of Article I, Section 10 say?

Answer 35

The Contract Clause prohibits states from enacting any law that retroactively impairs contract rights.

Question 36

The contracts clause applies only to ____ or ______ interference with this type of k.

Answer 36

State or local Existing

Question 37

State or local interference with _____ contracts must meet intermediate scrutiny.

Answer 37

Private

Question 38

State or local interference with _____ contracts must meet strict scrutiny.

Answer 38

Gov't

Question 39

State or local interference with private contracts must meet _______ scrutiny.

Answer 39

Intermediate

Question 40

State or local interference with government contracts must meet ______ scrutiny.

Answer 40

Strict

Question 41

Describe how "intermediate scrutiny" is unique in its application to situations in which there is state or local interference with private contracts

Answer 41

It contains both intermediate scrutiny and rational basis language Asks whether the legislation substantially imparts a party's rights under an existing k. If so, asks if the law is a reasonably and narrowly tailed means of promoting an important and legitimate gov't interest.

Question 42

intermediate scrutiny" asks which two questions in its application to situations in which there is state or local interference with private contracts

Answer 42

Asks whether the legislation substantially imparts a party's rights under an existing k. If so, asks if the law is a reasonably and narrowly tailed means of promoting an important and legitimate gov't interest.

Question 43

An ex post facto law is one that does what?

Answer 43

Criminally punishes conduct that was lawful when it was done or that increases punishment for a crime after it was committed.

Question 44

The Ex Post Facto Clause does NOT apply in which type of case?

Answer 44

Civil

Question 45

Retroactive civil liability is evaluated under which level of scrutiny?

Answer 45

Rational Basis Test

Question 46

A bill of attainder is one that . . .

Answer 46

Directs the punishment of a specific person or persons without a trial.

Question 47

Privacy is/isn't a fundamental rights protected under the substantive DP.

Answer 47

Is

Question 48

A restriction against the right to marry can only be imposed if it meets this level of scrutiny. Why?

Answer 48

Strict It is considered part of the right to privacy

Question 49

The right to procreate is/isn't a fundamental right protected under substantive dp.

Answer 49

Is

Question 50

Laws infringing on the the right to procreate require what level of scrutiny?

Answer 50

Strict

Question 51

A state may create what regarding a married woman, her husband, and her child

Answer 51

Create a irrebuttable presumption of paternity

Question 52

The right to custody of one's children is/isn't a fundamental right protected under substantive dp.

Answer 52

Is

Question 53

The right to keep the family together is/isn't a fundamental right protected under substantive dp.

Answer 53

Is

Question 54

Laws infringing on the the right to custody of one's children and the right to keep the family together must meet which level of scrutiny?

Answer 54

Strict

Question 55

The right to keep the family together is/isn't a fundamental right protected under substantive dp.

Answer 55

Is

Question 56

The right to purchase and use contraceptives is/isn't a fundamental right protected under substantive dp.

Answer 56

Is

Question 57

What feature of the unborn fetus will control the level of scrutiny in an abortion context?

Answer 57

Viability

Question 58

What does "viability" in the abortion context mean?

Answer 58

Able to survive outside the womb

Question 59

Prior to viability, states may not prohibit abortions, but may regulate them so long as . . .

Answer 59

They do not create an undue burden on the ability to obtain abortions.

Question 60

A requirement for a 24-hour waiting period for abortions is/isn't an undue burden on a person's ability to obtain one.

Answer 60

Isn't

Question 61

A requirement that abortions be performed by licensed physician is/isn't an undue burden on a person's ability to obtain one.

Answer 61

Isn't

Question 62

The prohibition of "partial birth abortions" is/isn't an undue burden on a person's ability to obtain one.

Answer 62

Isn't

Question 63

After viability, states may prohibit abortions unless . . .

Answer 63

Abortion is necessary to protect the woman's health or life.

Question 64

Must a government help subsidize abortions?

Answer 64

No

Question 65

Must a government provide subsidized abortions in public hospitals?

Answer 65

No

Question 66

Spousal consent and notification laws for abortion are/aren't unconstitutional.

Answer 66

Are

Question 67

While spousal consent and notification laws for abortion are ordinarily unconstitutional, a state may require parental notice and/or consent for an unmarried minor's abortion SO LONG AS . . .

Answer 67

The state creates an alternative procedure where a minor can obtain an abortion by going before a judge who can approve the abortion by finding it would be in the minor's best interests or that she is mature enough to decide for herself.

Question 68

What case determined that the right to privacy protects the right to engage in private, consensual homosexual activity?

Answer 68

Lawrence v. Texas

Question 69

While competent adults have the right to refuse medical treatment, a state may require _______________ that a person wanted treatment terminated before it is ended.

Answer 69

Clear and convincing evidence

Question 70

Is a state permitted to prevent family members from termination medical treatment of another?

Answer 70

Yes

Question 71

There is/isn't a constitutional right to physical-assisted death.

Answer 71

Isn't

Question 72

What level of scrutiny is used to determined 2nd Amendment Cases?

Answer 72

Trick question. We're not entirely sure.

Question 73

The Second Amendment permits ownership of guns for this purpose.

Answer 73

Security

Question 74

True of False? The 2nd Amendment right to bear arms is absolute.

Answer 74

False

Question 75

The government can regulate _____, ______, and ______ under the 2nd Amendment.

Answer 75

Who can own Where they can be possessed What type of guns

Question 76

Laws the prevent people from moving into a state are evaluated under which level of scrutiny?

Answer 76

Strict

Question 77

Durational residency requirements are evaluated under which level of scrutiny?

Answer 77

Strict

Question 78

What is the maximum length of time a state can require someone to live in its borders before he can qualify to vote?

Answer 78

50 days

Question 79

Restrictions on foreign travel are evaluated under which level of scrutiny?

Answer 79

Rational basis

Question 80

Laws that deny some citizens the right to vote are evaluated under which level of scrutiny?

Answer 80

Strict

Question 81

What must be true of regulations of the electoral process to prevent fraud?

Answer 81

They must be "on balance, desirable."

Question 82

One-_____, one-_______ must be met for all state and local elections.

Answer 82

One-person, one-vote.

Question 83

For any elected body divided into districts, what must be true of those districts?

Answer 83

Must have about the same population

Question 84

At-large elections are constitutional UNLESS

Answer 84

There is proof of a discriminatory purpose.

Question 85

The use of race in drawing election district lines is evaluated under which level of scrutiny?

Answer 85

Strict

Question 86

The use of race in drawing election district lines, when meant to benefit minorities, is evaluated under which level of scrutiny?

Answer 86

Still strict

Question 87

True or False? Counting uncounted votes without standards in a presidential election violates EP.

Answer 87

True

Question 88

There is/isn't a fundamental right to education.

Answer 88

Isn't.

Question 89

For each of the three levels of scrutiny (RB, IS, SS), on whom is the burden of proof?

Answer 89

RB = challenger IS = gov't SS = gov't

Question 90

The Contract Clause applies only to state legislation, not ____ ______

Answer 90

Court decisions.

Question 91

Bills of Attainder are made unconstitutional by Article __, Sections __ and ____.

Answer 91

Article I, Sections 9 (Congress) and 10 (state)