Questions and Answers
When can a taxpayer have standing?
If the tax is in violation of the establishment clause or if the taxpayer has a personal harm from the tax/ordinance.
What is the intermediate scrutiny test?
A law will be upheld if it is substantially related to an important government purpose. Must use good methods. The burden of proof is on the government to prove both.
If a third party is brought as an imploded defendant and the third-party defendant has a counterclaim against the plaintiff that does not come from the same common nucleus of fact, can the third-party defendant bring the counterclaim?
True
What is the rational basis test?
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What is the strict scrutiny test?
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How are the rules regarding service of process determined?
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What is the first question in a procedural due process question?
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How is liberty defined for due process' sake?
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How is property defined with regard to due process?
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If the government violates due process, what procedures must they supply?
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If the government does not violate due process, what procedures must they supply?
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What is the first question that you ask when faced with a substantive due process question?
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What scrutiny does the right to heterosexual marriage trigger?
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What scrutiny does the right to international travel trigger?
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What scrutiny does the right to same-sex marriage trigger?
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What scrutiny does the right to abortion trigger?
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What scrutiny does the right to procreate trigger?
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What scrutiny does freedom of speech trigger?
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What scrutiny does the right to keep a family together trigger?
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What scrutiny does the right to practice a trade or profession trigger?
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What scrutiny does the right to engage in private consensual homosexual activity trigger?
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What scrutiny does the right to control raising of children trigger?
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What scrutiny does the right to custody of children trigger?
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What scrutiny does the right to refuse medical treatments trigger?
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What scrutiny does the right to purchase and use contraceptives trigger?
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What scrutiny does the right to travel trigger?
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Study Notes
Taxpayer Standing
- Taxpayers can have standing if a tax violates the Establishment Clause.
- Standing may also arise from personal harm due to a tax or ordinance.
Intermediate Scrutiny
- A law is upheld if substantially related to an important government purpose.
- The government bears the burden of proof to demonstrate justification.
Third-Party Defendant Counterclaims
- A third-party defendant can bring counterclaims not related to a common nucleus of fact if jurisdictional requirements are met.
- Claims arising from the common nucleus must be asserted.
Rational Basis Test
- A law is upheld if rationally related to a legitimate government purpose.
- The burden is on the challenger to show the law's irrationality or lack of legitimate purpose.
Strict Scrutiny Test
- A law must be necessary for a compelling government interest to be upheld.
- The government shoulders the burden of proof, and means must be narrowly tailored.
Service of Process Rules
- Determined by the state in which the federal court is located or where service occurs.
Procedural Due Process Inquiry
- The first question is whether the government has deprived an individual of life, liberty, or property.
Liberty Definition
- Liberty comprises significant freedoms protected by the Constitution or statute.
Property Definition
- Property refers to an entitlement to receive ongoing benefits.
Due Process Violation Procedures
- If due process is violated, procedures must balance individual interests with the accuracy of fact-finding and government efficiency.
No Due Process Violation Procedures
- If due process is not violated, no specific procedures are required.
Substantive Due Process Inquiry
- The first question is whether the government has an adequate reason for depriving life, liberty, or property.
Scrutiny Levels for Rights
- Right to heterosexual marriage triggers strict scrutiny.
- Right to international travel triggers rational basis.
- Right to same-sex marriage has an unclear status but may involve strict scrutiny.
- Right to abortion triggers an undue burden test.
- Right to procreate triggers strict scrutiny.
- Freedom of speech trigger strict scrutiny.
- Right to keep a family together triggers strict scrutiny.
- Right to practice a trade or profession triggers rational basis.
- Private consensual homosexual activity has unclear scrutiny but may invoke strict scrutiny.
- Right to control child raising triggers strict scrutiny.
- Right to custody of children triggers strict scrutiny.
- Right to refuse medical treatment is unclear; adults can refuse but states may have interests in life preservation.
- Right to purchase and use contraceptives triggers strict scrutiny.
- Right to travel triggers strict scrutiny.
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Description
This set of flashcards focuses on key concepts of Federal Constitutional Law, including taxpayer standing and the intermediate scrutiny test. It is perfect for law students looking to reinforce their understanding of constitutional principles and government regulations. Review these essential definitions to prepare for exams and improve your legal knowledge.
