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Conlaw II > Levels of Scrutiny > Flashcards

Flashcards in Levels of Scrutiny Deck (12)
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1
Q

types

LEVELS OF SCRUTINY

A
  1. rational basis
  2. intermediate scrutiny
  3. strict scrutiny
2
Q

test

RATIONAL BASIS

A

law will be upheld if RATIONALLY RELATED to LEGIT gov purpose

3
Q

burden of proof

RATIONAL BASIS

A

challenger has BOP

tremendously deferential to gov

4
Q

standard

INTERMEDIATE SCRUTINY

A

law will be upheld if SUBSTANTIALLY RELATED to IMPORTANT gov purpose

5
Q

burden of proof

INTERMEDIATE SCRUTINY

A

gov has BOP

6
Q

standard

STRICT SCRUTINY

A

law will be upheld only if NECESSARY to achieve a COMPELLING gov purpose

7
Q

burden of proof

STRICT SCRUTINY

A

gov has BOP

- court must be persuaded gov’s ACTUAL goal is necessary, vital

8
Q

likely outcome

STRICT SCRUTINY

A

gov usually loses

9
Q

gov’s purpose

INTERMEDIATE SCRUTINY

A

court will look only at gov’s ACTUAL purpose

10
Q

means chosen by gov

INTERMEDIATE SCRUTINY

A

means chosen by gov must be NARROWLY TAILORED, but need not be the least restrictive option

11
Q

means chosen by gov

STRICT SCRUTINY

A

means chosen by gov must be LEAST RESTRICTIVE method

12
Q

means chosen by gov

RATIONAL BASIS

A

can be ANY rational relationship, not actual purpose or even proffered explanation