Asked by Dennis Manalo on May 25, 2024

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When is a strict-scrutiny standard used to examine laws, how is this standard applied, and what presumption do courts apply, if any, in cases involving this standard?

Strict-scrutiny Standard

A form of judicial review that courts use to determine the constitutionality of certain laws by ensuring they serve a compelling governmental interest and are narrowly tailored to achieve their goal.

Laws Examination

A test or series of tests evaluating an individual’s knowledge or competence in areas of law, often as part of legal education or certification.

Presumption

An assumption taken as true until evidence is presented to the contrary, often used in legal contexts to shift the burden of proof.

  • Understand the application of levels of judicial review in the assessment of laws discriminating by gender.
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Angeli ExcellentMay 25, 2024
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If a law prevents individuals from exercising a fundamental right, or if the law's classification scheme involves suspect classifications, the action will be subject to strict scrutiny. Suspect classifications include classifications based on race, national origin, and citizenship. Courts uphold suspect classifications only if they are necessary to promote a compelling state interest. In cases involving suspect classifications, courts do not begin their analysis with a presumption that the classification is constitutional, so few laws pass the strict-scrutiny standard.