State action and the right to privacy Bar Exam Flashcards - Medical Study Cards
Master State action and the right to privacy with Oncourse flashcards. These spaced repetition flashcards are designed for medical students preparing for NEET PG, USMLE Step 1, USMLE Step 2, MBBS exams, and other medical licensing examinations.
State action and the right to privacy Flashcard Deck - 8 Cards
Flashcard 1: What is the Mathews v. Eldridge test for determining the process due?
Answer: Balance the private interest affected, the risk of erroneous deprivation and probable value of additional safeguards, and the government’s interest, including administrative burdens. The Constitution generally requires more process before deprivation, but an adequate postdeprivation remedy may suffice in some cases.
Flashcard 2: What is the equal protection test for sex-based classifications?
Answer: The government must show an exceedingly persuasive justification, meaning an important governmental objective and an means substantially related to achieving it; sex classifications may not rely on stereotypes or overbroad generalizations. This is the majority intermediate-scrutiny rule.
Flashcard 3: Which personal decisions are generally protected by the constitutional right to privacy?
Answer: The protected decisions include marriage, procreation, contraception, family relationships and childrearing, and refusal of unwanted medical treatment. Government infringement generally receives strict scrutiny.
Flashcard 4: How are classifications based on disability, age, or wealth generally reviewed under equal protection?
Answer: They receive rational-basis review: the classification must be rationally related to a legitimate governmental interest. The government generally prevails if any reasonably conceivable legitimate purpose supports the classification.
Flashcard 5: What is the state-action requirement for a constitutional due process or equal protection claim?
Answer: The challenged conduct generally must be attributable to the government, not merely a private party. Private conduct may qualify when the party performs an exclusive traditional public function or the government is sufficiently entwined with, coerces, or significantly encourages the conduct.
Flashcard 6: What levels of scrutiny apply to equal protection classifications?
Answer: Suspect classifications and classifications burdening fundamental rights receive strict scrutiny; quasi-suspect sex-based classifications receive intermediate scrutiny; and most other classifications receive rational-basis review. Under strict scrutiny the law must be narrowly tailored to a compelling interest, under intermediate scrutiny substantially related to an important interest, and under rational basis rationally related to a legitimate interest.
Flashcard 7: What is the substantive due process rule for government infringement of rights?
Answer: Government infringement of a fundamental right is subject to strict scrutiny and must be narrowly tailored to achieve a compelling governmental interest. For nonfundamental rights, the majority rule is rational-basis review.
Flashcard 8: What are the basic requirements for a procedural due process claim?
Answer: The claimant must show government action that deprives the person of life, liberty, or property, usually followed by notice and a meaningful opportunity to be heard. The required procedures are determined primarily by the Mathews v. Eldridge balancing test.
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