History of Equal Protection and the Levels of Review Interactions

 

 

 

 

 

 

 

 

The Equal Protection Clause which applies to the states:
Choice 1 Is found in the Declaration of Independence.
 Choice 2 Is found in the Fourteenth Amendment to the U.S. Constitution.
Choice 3 Is found in the United States Code, Annotated
 Choice 4 Is court-made doctrine found only in the common law.
Equal protection requirements are placed on the federal government through:
Choice 1 The Equal Protection Clause of the Fourteenth Amendment.
 Choice 2 The Due Process Clause of the Fourteenth Amendment.
Choice 3 The Equal Protection Clause of the Fifth Amendment.
 Choice 4 The Due Process Clause of the Fifth Amendment.
Modern rational basis review asks whether:
Choice 1 There is some rational basis for a law.
 Choice 2 There is some rational basis for a law OR there is some legitimate state purpose.
Choice 3 There is some rational basis for a law AND there is some legitimate state purpose.
 Choice 4 None of the above.
Strict scrutiny is applied:
Choice 1 When the state goal is questionable.
 Choice 2 When the state goal is not legitimate.
Choice 3 When a fundamental right is at stake or a suspect classification is used.
 Choice 4 When state action is discriminatory in its effect.
Intermediate scrutiny is:
Choice 1 Used to evaluate laws which use quasi-suspect classifications.
 Choice 2 A level of review less difficult to meet than either rational basis review or strict scrutiny.
Choice 3 A traditional notion which was developed early in equal protection history
Choice 4 Used today in equal protection cases covering a wide range of rights.
When rational basis review is applied, the burden of proof rests with:
Choice 1 The state.
 Choice 2 The plaintiff.
Choice 3 The prosecutor.
 Choice 4 The burden of proof is established by the judge and will shift based on the totality of the circumstances.

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