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PMBR MBE FC ConLaw Test

Enter the letter for the matching Answer
incorrect
1.
Con Law - “Public Use” Requirement
incorrect
2.
Con Law - Generally Wrong Answers
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3.
Con Law - Case and Controversy Requirement
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4.
Con Law - “Content Specific” Regulation
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5.
Con Law - Article IV Privileges and Immunities
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6.
Con Law - Affectation Doctrine
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7.
Con Law - MOOTNESS
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8.
Con Law - Ex Post Facto Laws
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9.
Con Law - Statute Neutral on its Face
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10.
Con Law - Congressional Delegation of Power valid, if:
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11.
Con Law - 4 Facial Attacks
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12.
Con Law - Regulation of Interstate Commerce
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13.
Con Law - Hierarchy of Laws
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14.
Con Law - Bill of Attainder
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15.
Con Law - Taking
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16.
Con Law - Standing
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17.
Con Law - Substantive Due Process
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18.
Con Law - “Fundamental” Right to Vote
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19.
Con Law - Congressional Delegation of Power
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20.
Con Law - State Action
A.
Congress may delegate the task of implementing its laws to government agencies. • Allows Congress to indirectly monitor an area in which it has passed laws without becoming bogged down in enforcement details
B.
- Congress passes enabling legislation (state or federal). - Specifies the purpose, functions, and powers. -Describes the procedures of the agency.
C.
Plaintiff must show a concrete personal stake in the outcome. Constitutional Standard: 1. Injury-in fact (i.e., economic, aesthetic, environmental) 2. Causation/redressibility
D.
A threshold requirement of conduct by the government which must be satisfied before private discrimination can be restricted.
E.
Congress may regulate any activity which has a “substantial economic effect” on interstate commerce.
F.
A term used to classify the source from which the fundamental rights (right to vote, right to travel, right to privacy) derive.
G.
Federal Court adjudication requires an actual and definite dispute between parties having adverse legal interests.
H.
Plaintiff must show: 1) discriminatory effect, and 2) discriminatory purpose To raise the burden of persuasion above rational basis.
I.
Apply Strict Scrutiny: 1. Discrimination in voting 2. Reapportionment 3. Switching party affiliation 4. Ballot restrictions based on “special interests” (land ownership)
J.
Legislative punishment of a named group or individual without judicial trial. EX - revoking a license
K.
• Burden on the government to show the measure is rationally related to any conceivable purpose • To qualify as a “public purpose” the property does not have to be held out for use by the general public
L.
MOOTNESS – A case is moot unless an actual controversy exists at all stages of review, unless the injury is capable of repetition, yet evading review
M.
1. Constitution 2. Act of Congress Treaty 3. Executive Agreement- foreign policy/affairs Executive Order – domestic policy 4. State Law
N.
Prevents economic discrimination by one state against citizens or residents of another state, unless a substantial government interest exists.
O.
1. 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.
P.
1. Over breadth 2. Vagueness 3 Prior Restraints 4. Unfettered Discretion
Q.
A regulation that denies the owner all reasonable economically viable use of his land.
R.
I) “Protected” Speech - apply SS II) “Unprotected’ Speech 1. Clear and Present Danger 2. Defamation 3. Obscenity 4. Child Pornography 5. “Fighting words” 6. Fraudulent commercial speech
S.
Unconstitutional criminal laws that: 1. Make criminal conduct that was not a crime when committed; or 2. Decrease the amount of evidence needed to convict/change the procedure(s) for conviction.
T.
Constitutional as long as : 1- Non Discriminatory and 2- Does not place an undue burden on Interstate Commerce

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