Con Law - Rule Statements

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Last updated 4:50 PM on 5/26/26
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4 Terms

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Ripeness

A situation must have developed into a real dispute - unless there is substantial hardship (will waiting cause P harm?) and it is fit for judicial review (decision doesn’t depend on uncertain events)

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Mootness

Must not be too late (must not have been resolved) - unless they are wrongs capable of repetition yet evading review - i.e., there is a reasonable expectation the same complaining party may be subject to the same action again

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Content-based restrictions on speech

These are restrictions based on subject matter or viewpoint. They must meet strict scrutiny - meaning a law will be upheld only if it is necessary to achieve a compelling government purpose.

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Content-neutral restrictions on speech

Content-neutral means that messages or viewpoints are not restricted (including most time, place, or manner restrictions. These must meet intermediate scrutiny - meaning the law will be upheld if it is substantially related to an important government purpose.