Retroactive Legislation

Question 1

What is the contract clause?

Answer 1

When determining whether a contract may be modified, courts will consider:
i) The severity of the impairment; AND
ii) The importance of the public interest to be served

Question 2

What does the contract clause apply to?

Answer 2

The Contract Clause applies only to state legislation, and not to state court decisions

Question 3

When does a statute violate the ex post facto clause?

Answer 3

i) Makes criminal an act that was not a crime when committed;
ii) Prescribes greater punishment for a crime after its commission;
iii) Decreases the amount of evidence required for conviction; OR
iv) Extends the statute of limitations for a crime as to which the previously applicable statute of limitations has already expired