NFPA Paralegal Core Competency Exam (PCCE)Substantive LawHard
A paralegal is preparing a summary of a recent appellate court decision. The case involved a state statute that prohibited all forms of commercial advertising for alcoholic beverages. The court applied a standard of review that requires the government to show the regulation directly advances a substantial governmental interest and is no more extensive than necessary to serve that interest. Which standard of review did the court likely apply?
- AStrict scrutiny
- BRational basis review
- CHeightened scrutiny
- DIntermediate scrutiny
Show answer & explanationAnswer & explanation
Correct answer: D. Intermediate scrutiny
The description provided—'directly advances a substantial governmental interest and is no more extensive than necessary'—is the established test for intermediate scrutiny, typically applied to classifications based on gender or to commercial speech regulations.
Why the other options are wrong
- A. Strict scrutiny requires a compelling government interest and narrowly tailored means, a higher bar.
- B. Rational basis requires only a legitimate government purpose and a rational relation, a lower bar.
- C. Heightened scrutiny is a general term that can encompass both intermediate and strict scrutiny, but intermediate is the specific term for this test.
Intermediate Scrutiny
A judicial standard of review used to determine the constitutionality of certain laws. It requires the government to show that the law serves an important governmental objective and is substantially related to achieving that objective.
- Applies to quasi-suspect classifications (e.g., gender, illegitimacy) and commercial speech.
- Higher standard than rational basis, lower than strict scrutiny.
- Government must demonstrate the law directly advances a substantial government interest and is narrowly tailored.
Memory trick: Rational, Important, Compelling: The Three Levels of Law.