con law rules - short rules.txt

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Anonymous
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227210
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con law rules - short rules.txt
Updated:
2013-07-15 19:04:22
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ca bar con law short rules
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ca bar con law short rules
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  1. Incitement
    • 1) imminent illegal activity
    • 2) directed to cause the activity
  2. Obscenity
    • 1) appeals to the prurient interest [lustful excitement]
    • 2) patently offensive [local laws]
    • 3) lacks all social value [nationally]
  3. Commercial Speech
    • 1) deceptive, false, illegal actvity - unprotected
    • 2) else, IS applies
  4. Defamation
    • Speech related to matter of public concern . . .
    • 1) if P is a public figure, then falsity + malice. [CCE standard]
    • 2) if P NOT public figure, then falsity + negligence.
    • If matter of public concern, malice must be proven to get presumed or punitive damages.
    • If not a matter of public concern, malice not required to get presumed or punitive damages.
  5. PF/DPF
    • 1) content-neutral
    • 2) IS
    • 3) leaves open other adequate alternative places for communication
    • else, SS
  6. LPF/NPF
    • 1) viewpoint neutral
    • 2) reasonable
    • else, SS
  7. Symbolic Speech
    • Heightened scrutiny
    • 1) IGI
    • 2) burden no greater than necessary to acheive purpose
  8. Freedom of Association
    • Generally SS if pohibits or punishes a group.
    • Can prevent a group from discriminating, unless discrimination is integral to expressive activity
  9. Punish someone for joining an illegal group?
    • 1) actively affiliated w/group
    • 2) knowing of its illegal activities
    • 3) specific intent to further those activities
  10. Free Exercise Clause
    • Govt cannot punish or burden on the basis of religion
    • SS, if law was motivated by religious reasons
  11. Establishment Clause
    • Govt cannot make any laws establishing a religion
    • If facially establishes, then SS applies.
    • If facially valid, then Lemon test applies.
    • Lemon Test:
    • 1) Secular Purpose
    • 2) Secular Effect
    • 3) Excess Entanglement
  12. Levels of scrutiny?
    • SS: Necessary to acheive a CGI
    • IS: Substantially related to acheive a LGI
    • RB: Rationally related to a LGI
  13. Substantive Due Process
    Whether the govt has adequate justification take away someone's rights [economic liberties/privacy]
  14. SDP - rational basis applies to?
    • Non-fundamental rights
    • 1) economic regulations
    • 2) social regulations
  15. SDP - strict scrutiny applies to?
    • Fundamental rights, including
    • 1) interstate travel
    • 2) voting
    • 3) privacy
  16. SDP - privacy rights?
    • 1) contraception
    • 2) marriage
    • 3) procreation
    • 4) child rearing, regarding choice of private education
    • 5) right for a family to stay/live together
  17. SDP - abortion rights?
    • 1) pre-viability, OK only if no undue burden
    • 2) post-viability, can be prohibited unless woman's health is threatened
  18. Procedural due process
    • P must prove that he suffered a deprivation of life, liberty, or property.
    • liberty = constitutional freedom
    • property = entitlement to a continued receipt of benefit
    • *note: must be intentional/reckless govt action
  19. Procedures satisfy PDP?
    • balance
    • 1) importance of interest to individual
    • 2) ability of additional procedures to increase the accuracy of fact-finding
    • 3) govt's interest
  20. Takings Clause
    • 1) Govt may take private property
    • 2) for public use [reasonable belief]
    • 3) if it pays just compensation [market value, loss to owner]
  21. Posssessory taking?
    confiscation or physical occupation of property
  22. Regulatory taking?
    Deprivation of all economically viable use of property

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