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What level of scrutiny is used when a law doesn't affect basic freedoms but is important to government interest?
intermediate scrutiny
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What level of scrutiny is used when a law doesn't affect basic freedoms but is important to government interests?
intermediate scrutiny
What level of scrutiny is used when law doesn't affect basic freedoms but is important to government interests?
intermediate scrutiny
What is the test of scrutiny?
The government can show an interest in the law
Which level of scrutiny is used to allow a law that restricts important rights when there is no other way to meet the government's need?
strict scrutiny
Which level of scrutiny is used to allow a law that restricts important rights when there is no other way to meet the government's needs?
strict scrutiny
The intermediate scrutiny test holds that?
discrimination is allowed when an important government objective is served
What degree of scrutiny does the US Supreme Court require for death penalty appeals?
The US Supreme Court requires "heightened scrutiny" for death penalty appeals. Heightened scrutiny is an intermediate level of judicial review between "strict scrutiny" and "rational basis." To withstand the heightened scrutiny test, the law or policy must "further an important government interest by means that are substantially related to that interest.""The standard of review for an appeal from a capital murder conviction and death sentence is that of "heightened scrutiny"; all doubts are to be resolved in favor of the accused because what may be harmless error in a case with less at stake becomes reversible error when the penalty is death." Thorson v. State, 2007 WL 2446474 (Miss. 2007)
What best describes the most exacting level of judicial review regarding whether a law is narrowly tailored to achieve a compelling governmental interest?
The most exacting level of judicial review regarding whether a law is narrowly tailored to achieve a compelling governmental interest is called strict scrutiny. Under strict scrutiny, the government must demonstrate that the law serves a compelling interest and is narrowly tailored to achieve that interest, with no less restrictive alternatives available. This level of review is typically applied in cases concerning fundamental rights or suspect classifications, such as race or religion.
What is compelling state interest?
Compelling State Interest is an article. This article is argues about strict scrutiny and equal protection cases.
What is an example of the standard of review used in a court case?
An example of a standard of review used in a court case is the "strict scrutiny" standard, which requires the government to prove that a law or action serves a compelling state interest and is narrowly tailored to achieve that interest.
The right to loved ones life free from supervision and unnecessary scrutiny from the government is called what?
The right to live one's life free from supervision and unnecessary scrutiny from the government is called the right to privacy.
What fulfill the bases of the strict scrutiny test?
The guidelines used by the court to determine the legality of all but sex-based discrimination. Discrimination is legal if it is a necessary means by which the government can achieve a compelling public interest.
