LAFL Exam 2

Erie Doctrine

Federal courts sitting in diversity jurisdiction must apply state substantive law.

Subject-Matter Jurisdiction

The authority of a court to hear cases of a particular type or cases relating to a specific subject matter.

Full Faith and Credit Clause

The states must respect the legal judgments (decisions) from other states.

Milliken v. Meyer

When reviewing a case from another state, the full faith and credit clause of the U.S. Constitution precludes any inquiry into the merits of the cause of action, the logic or consistency of the decision, or the validity of the legal principles on which the judgment is based.

Underwriters Nat. Assurance Co.

A state is not required to afford full faith and credit to a judgment rendered by a court that over the subject matter or the relevant parties.

V.L. v. E.L.

A judgment that appears on its face to have been issued by a court with subject-matter jurisdiction must be afforded full faith and credit.

14th Amendment

citizenship of all those born in the United States or naturalized; equal protection under the law; and promise of due process by the states. Created to end state-sanctioned racism

15th Amendment

Prohibits the federal and state governments from denying citizens the right to vote based on “race, color, or previous condition of servitude.

13th Amendment

abolished slavery

14th Amendment Clauses

Citizenship Clause, Privileges Clause, Due Process Clause, Equal Protection Clause

citizenship clause

All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.

Privileges Clause

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States

Due Process Clause

[No State shall] deprive any person of life, liberty, or property, without due process of law

Equal Protection Clause

[No State shall] deny to any person within its jurisdiction the equal protection of the law.

Lawton v. Steele

States may pass laws that restrict protected liberties, but the Laws must be reasonably related to a legitimate state interest. include privileges long recognized at common law as essential to the orderly pursuit of happiness by free men.

Legitimate State Interest

Concern over which the state is legally entitled to govern. Not arbitrary

Reasonably Related

Rules that seem like they further the legitimate state interest. The state can give reasons that seem to establish a causal relationship.

MEYER V. NEBRASKA, 262 U.S. 390 (1923)

Education and the acquisition of knowledge are liberties protected by the 14th Amendment.

GITLOW V. NEW YORK (1936)

Pursuant to the 14th Amendment, the states cannot unconstitutionally impinge upon the liberties protected by the Bill of Rights.

PRINCE V. MASSACHUSETTS, 321 U.S. 158 (1944)

The power of the state to control the conduct of children reaches beyond the scope of its authority over adults.

There is a private realm of family life which the state cannot enter. The family is not beyond regulation.

It is cardinal with us that the custody, care, and nurture of the child reside first in the parents, whose primary function and freedom include preparation for obligations the state can neither supply nor hinder

Constitutional Muster

Appropriate test was applied, the law passed the test, and thus the law is Constitutional.

BROWN V. BOARD OF EDUCATION, 347 U.S. 483 (1954) Holding

Holding: Separate facilities based on race are inherently unequal and thus violate the equal protection clause of the 14th Amendment.

BROWN V. BOARD OF EDUCATION, 347 U.S. 483 (1954) Finding

Education is perhaps the most important function of state and local governments.

Education is required in the performance of our most basic public responsibilities.

Education is the very foundation of good citizenship.

Strict Scrutiny Test

Hardest test, almost impossible to pass

Intermediate Test

Middle test, difficult to pass

Rational Basis

Reasonably related to a legitimate state interest. Easiest test to pass. Ex. Lawton v Steele

Substantive Law

Refers to the body of rules that determine the rights and obligations of individuals and collective bodies. Governs how members of society must behave.

Using Strict Scrutiny

When 14th Amendment is in question, specifically the due process clause (fundamental liberty impinged) and equal protection clause (discrimination based on suspect classification)

Suspect Class

Any law that classifies people based on race, religion, national origin, or alien status is unconstitutional unless it can pass the strict scrutiny test. (Race, religion, nation origin, and alien status)

Fundamental Liberty

A right that is explicitly or implicitly guaranteed by the United States Constitution. (Ex. Bill of Rights) Any law that impinges on a fundamental liberty is unconstitutional unless it can pass the strict scrutiny test.

Explicit

Clearly written in the US Constitution.

Three Parts of Strict Scrutiny

Compelling Government Interest

Rule Must Be Narrowly Tailored

Least Restrictive Means

Compelling Government Interest

The law or policy must be necessary or crucial rather than preferred. (Ex. wartime orders due to a national security concern)

Narrowly Tailored Equal Protection Clause

The law or policy must not affect more people than is necessary to to achieve the identified compelling government interest.

Narrowly Tailored Due Process Clause

The law or policy must not affect more liberty than is necessary to achieve the identified compelling government interest.

Least Restrictive Means

There is essentially no other way to achieve the identified compelling government interest.

Fundamental Liberty Strict Scrutiny Test

1. There is an identified compelling government interest.

2. The impingement is narrowly tailored in that it restricts as little liberty as possible.

3. Impingement of fundamental liberty is the least restrictive means to achieve compelling government interest.

Suspect Classification Strict Scrutiny Test

1. There is an identified compelling government interest.

2. The discrimination is narrowly tailored in that it impacts as few people as possible.

3. Discrimination is least restrictive way to achieve compelling government interest.

Class Action Lawsuit

A lawsuit in which the named party represents all people who are a member of a defined set of people.

The outcome of the lawsuit will impact all people in the defined “class.”

Invidious Discrimination

Treating a class of persons unequally in a manner that is malicious, hostile, or damaging.

Rational Basis Test

Is there a legitimate state interest?

Is the law or policy rationally related to the legitimate state interest?

If the law or policy is rationally related to the LSI, the law prevails.

SAN ANTONIO INDEPENDENT SCHOOL DISTRICT V. RODRIGUEZ 411 U.S. 1 (1973) Finding

Wealth of a community is not a “suspect class” for purposes of Constitutional review. Education is a right that is protected by the 14th Amendment’s Due Process Clause, but it is not within the limited category of fundamental rights.

Intermediate Scrutiny Test

Is there an important government interest?

Does the challenged law substantially further the important government interest?

Moore v. City of East Cleveland Holding

The right to make choices concerning family living arrangements is a liberty protected by the Due Process Clause of the 14th Amendment.

When the government intrudes on the right to make choices concerning family living arrangements, the law or policy must substantially further an important government interest.

Biological relationships are not the exclusive determination of the existence of a family.

SMITH V. ORGANIZATION OF FOSTER FAMILIES (1977) Holding

Because the liberty interest in family privacy/integrity stems from our Nation’s history and tradition, it is a fundamental liberty.

Family Privacy

Apply strict scrutiny test.

Family Living Arrangement

Apply intermediate review.

Standards of Evidence

Burdens of proof

Three standards of evidence

Beyond a Reasonable Doubt

Clear and Convincing Evidence

Preponderance of Evidence

Beyond a reasonable doubt

Highest standard of evidence, used in criminal cases, has the most substantial loss to defendant

Clear and convincing evidence

Evidence presented must be highly and substantially more probable to be true than not, used in civil cases, middle standard

Preponderance of evidence

Lowest standard, default standard, used in civil cases, unless statute says to use another standard of evidence. More likely true than not

Matter of BK, 429 A.2d 1331 (1981) Holding

Even though family integrity is a fundamental right, the state has both the right and the duty to protect minor children through judicial determinations of their best interest

Matter of BK, 429 A.2d 1331 (1981) Finding

Preponderance of the evidence standard in a neglect statute does not violate the Due Process Clause of the Fourteenth Amendment

42 USC § 1983

Financial relief available when a person’s Constitutional rights are violated by an individual acting under state authority.

DeShaney v. Winnebago County

No Constitutional violation for purposes of 42 U.S.C. § 1983, when injured party is not harmed by government or government agent or in the custody of government or government agent. (The agency did not directly harm your child, so no money.)

Dissent

An opinion in a legal case written by one or more judges expressing disagreement with the majority opinion of the court.

People v. Pierson (NY)

The statute requires a parent to entrust the child’s care to that of a physician when such course would be undertaken by an ordinarily prudent and loving parent solicitous for the welfare of his child and anxious to promote the child’s recovery.

Doe v. Bolton (1973)

In making the sensitive decision as to how the child should be treated, a parent may rely upon the recommendations and competency of the attending physician who is duly licensed to practice medicine.

Parens Patriae

The principle that political authority carries with it the responsibility for protection of citizens.

Reynolds v. United States (1878)

Law banning polygamy did not infringe upon the individual’s First Amendment right to free exercise of religion.

CGS § 46b-120(7)

Defines abused children in Connecticut

Abused Child

(A) has been inflicted with physical injury or injuries other than by accidental means

(B) has injuries that are at variance with the history given of them

(C) is in a condition that is the result of maltreatment, including, but not limited to, malnutrition, sexual molestation or exploitation, deprivation of necessities, emotional maltreatment or cruel punishment.

CGS § 46b-120(6)

Defines neglected children in Connecticut

Neglected Child

(A) has been abandoned,

(B) is being denied proper care and attention, physically, educationally, emotionally or morally,

(C) is being permitted to live under conditions, circumstances or associations injurious to the well-being of the child or youth

Standard of evidence for mistreated children

Use preponderance of evidence

Ex Parte Order

One party

Guardian ad litem

Court appointed individual who represents the interest of a minor child or a legally incapacitated adult.

In Re Cassandra C. (SC 19426)

The general rule in CT is that minors are presumed to be incompetent to make medical decisions. This is a rebuttable presumption.

CGS § 1-1d

18 is the age of majority in Connecticut

Rebuttable Presumption

An assumption made by a court, one that is taken to be true unless someone comes forward to contest it and prove otherwise.

CGS § 17a – 101

Requires mandatory reporters to report child abuse or neglect. The mandatory reporters are identified by profession. Reports must be made when S in the ordinary course of their employment or profession, and have reasonable cause to believe or suspect that a child under 18 has been abused, neglected, or placed in imminent risk of serious harm