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Flashcards in Substantive Due Process Deck (11)
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1

What are the two major time periods of Substantive Due Process?

Lochner Era - Heightened review of legislation; Strict Scrutiny;
Modern Era - Lower scrutiny; Basically rational basis review.

2

Holding of Lochner v. New York?

Individual rights to contract are more important than a state's interest in regulating businesses.

3

During the Lochner Era, how did the court treat the right to contract?

With a significant amount of deference. The right to contract is part of the liberty of the individual, although this liberty is not absolute, a state must fulfill strict scrutiny to infringe on the right to contract.

4

What were the three exceptions to the right to contract in regards to maximum hours laws during the Lochner Era?

Holden v. Hardy - Coal miners maximum hours could be regulated for their safety;
Muller v. Oregon - Womens hours could be limited because they should depend on men.
Bunting v. Oregon - Men and womens hours can be restricted in hard, manual labor in manufactoring jobs.

5

What scrutiny are consumer protection laws held to under the lochner era?

Rational Basis because a state may adopt whatever policy is best to promote public welfare.

6

What year did the policy change from Lochner to modern?

1937

7

What is the scrutiny for the regulation of industry in the modern era?

Rational Basis Review.

8

What is the three part test the court created in BMW v. Gore to determine if a punitive damages award is grossly excessive?

1) The degree of non-reprehensibility of the actions;
2) The disparity between the harm or potential harm; and
3) The punitive damage award and the difference between the remedy and the civil penalties authorized or imposed in civil cases.

9

When determining if the defendants actions are reprehensible for terms of a punitive damages award, what should be considered?

1) The harm caused and whether it was physical or financial; whether the conduct was reckless or indifference; target was vunerable; isolated or repeated actions; etc.
2) It should be presumed that the plaintiff was made whole by the compensatory damages, so punitive damages should only be for punishment and deterrence.

10

What is the ratio of compensatory to punitive damages that the court stated?

Single digit ratio between compensatory and punitive damages.
Okay - 9 to 1. Not okay - 10 to 1.

11

Can the jury take into account third parties who are not parties to the lawsuit when determining punitive damages?

No. The defendant does not have the ability to argue against non-parties, so the jury cannot take them into account.