Substantive Due Process – Non-Fundamental Rights Interactions
State deprivations
of non-fundamental rights are generally subjected to which level of scrutiny?
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In non-fundamental
rights due process cases the burden of proof rests with:
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In a certain
part of Westernstate, pesticides sprayed on farms are often carried by
winds to nearby residences. In an effort to ensure those residents will
not unfairly have to carry the burden of the floating pesticides, Westernstate
passes legislation requiring all farmers who use certain airborne pesticides
pay into a fund to be used to cover medical treatment of the affected
neighbors. Will the law survive a Due Process Clause challenge?
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Northernstate
citizens are tired of buying used cars which soon prove to be problematic.
In an effort to help its citizens, the Northernstate legislature passes
a law which forbids used cars lots from having their own mechanic on-site,
thereby forcing them to use other mechanics to tend to the cars before
they are sold. A coalition of used car salespeople sue claiming due process
violation. What is the likely result?
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Which of the
following, if adequately demonstrated by plaintiff, is the minimum showing
required to strike down an economic regulation on procedural due process
grounds?
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In recent years
the Southernstate legislature has become increasingly concerned over some
of its citizens’ financial planning, or lack thereof. In an attempt
to help its citizens and, in the long run, reduce the number of people
who require financial assistance from the state, the legislature passes
a law requiring all persons opening a bank account or applying for a credit
card in the state be given a form detailing a number of state-sponsored
lectures on financial responsibility. Before opening the account or receiving
the card the form must be signed by the applicant. Is the law valid?
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Which of the
following is a non-fundamental right for substantive due process purposes?
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