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5 Written questions

5 Matching questions

  1. Affectation Doctrine
  2. ABSTENTION
  3. Procedural Due Process
  4. Con Law Approach (3)
  5. Obscenity Test (Miller v. Calif)
  1. a 1. Underline who is passing the law
    2. Determine the subject matter of
    the question
    3. Match the appropriate power of
    regulation
  2. b Federal court will refuse to review a case based
    on an unsettled issue of state law (Pullman)
    Federal court review prohibited where there are
    pending state criminal proceedings (Younger)
  3. c To be obscene the material must:
    1. Appeal to the prurient interest in
    sex;
    2. Depict sexual conduct in a patently
    offensive way; and
    3. Lack serious literary, artistic, political
    or scientific value
  4. d The procedural safeguards of
    notice and a hearing are available
    whenever there is a serious
    deprivation of any life, liberty, or
    property interest.
  5. e Congress may regulate any
    activity which has a "substantial
    economic effect" on interstate
    commerce.

5 Multiple choice questions

  1. Federal Court adjudication
    requires an actual and definite
    dispute between parties having
    adverse legal interests.
  2. A state may regulate abortion
    provided no "undue burden" is
    placed on a woman's right to
    obtain an abortion.
  3. 1. Directly advance
    2. a substantial governmental interest,
    and
    3. be "narrowly tailored"
  4. 1. Dormant Commerce Clause
    a. Non-discriminatory
    b. No undue burden on interstate
    commerce -use a balancing
    test
    2. Police Power- health, safety,
    welfare, morals, aesthetics
  5. 1. Supremacy clause
    2. Any enumerated power of
    Congress (Art. 1, Sec. 8)
    3. Federal property power

5 True/False questions

  1. Generally Wrong Answers1. General Welfare Clause
    2. Necessary and Proper Clause
    3. 14th A. Privileges and Immunities Clause
    4. Contracts Clause
    5. Distinction between Rights & Privileges
    6. 10th Amendment- caveat New York v.
    U.S.

          

  2. Preemption Doctrine:Congress may regulate any
    activity which has a "substantial
    economic effect" on interstate
    commerce.

          

  3. Standing
    Rule:
    Con Standards:
    Plaintiff must show a concrete
    personal stake in the outcome.

    1. Injury-in fact (i.e., economic, aesthetic,
    environmental)
    2. Causation/redressibility

          

  4. "Content Specific" RegulationA threshold requirement of
    government conduct which must be
    satisfied before private discrimination
    can be restricted under the 1st, 4th,
    14th or 15th Amendments (e.g., public
    function; significant state involvement
    or "encouragement").

          

  5. "Content Neutral" Regulation of
    Time, Place, Manner (Method)
    1. Discrimination in voting
    2. Reapportionment
    3. Switching party affiliation
    4. Ballot restrictions based on "special
    interests" (land ownership)

          

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