All Con Law

Question 1

The Supreme Court has sole, original jurisdiction in cases which:

_______________

Answer 1

The Supreme Court has sole, original jurisdiction in cases which:

1. A state is a party

Congress has given lower federal courts concurrent jurisdiction in cases which affect ambassadors, public ministers, consuls, etc., though the Supreme Court has original jurisdiction in those cases as well.

Question 2

The Supreme Court may hear cases that come from state courts where:

I. _______________
II. _______________

Answer 2

The Supreme Court may hear cases that come from state courts where:

I) Constitutionality of a federal statute/treaty or state statute is in issue
II) A State statute allegedly violates federal law

Question 3

When considering a question of Ripeness, federal court considers:

I. _______________
II. _______________

Answer 3

When considering a question of Ripeness, federal court considers:

I. the Fitness of the issues for judicial decision
II. the Hardship to the parties of withholding court consideration.

Question 4

The Supreme Court will not exercise jurisdiction if the state court judgment is based on _______ and ________ grounds, even if federal issues are involved.

Answer 4

The Supreme Court will not exercise jurisdiction if the state court judgment is based on adequate and independent grounds, even if federal issues are involved.

Question 5

A federal court will abstain from resolving a constitutional claim when the disposition rests on an _________ question of state law.

Answer 5

Unsettled.

A federal court will abstain from resolving a constitutional claim when the disposition rests on an unsettled question of state law.

Question 6

A federal court will not decide Political Questions. These are issues which are :

I. _______________.
II. _______________.

Answer 6

A federal court will not decide Political Questions. These are issues which are :

I. Constitutionally committed to another branch of government

II. Inherently incapable of judicial resolution

Question 7

The ___________ prohibits federal courts from hearing a private party’s/foreign governments claims against a State government.

Answer 7

11th Amendment

The 11th Amendment prohibits federal courts from hearing a private party’s/foreign governments claims against a State government.

The 11th Amendment establishes immunity for States and shields States from being sued by private parties.

Question 8

Speech may be punished or banned under the clear and present danger test whenever it is __________________ and is likely to __________________.

Answer 8

Speech may be punished or banned under the clear and present danger test whenever it is directed to producing or inciting imminent lawless action and is likely to produce such action.

Question 9

A ______________ forum is public property that historically has been open to speech-related activity.

Answer 9

A public forum is public property that historically has been open to speech-related activity. Examples include sidewalks and public parks.

Question 10

A ____________ forum is public property that usually is not used for speech-related activity, but that the government has opened for such activity at particular times.

Answer 10

A designated public forum is public property that usually is not used for speech-related activity, but that the government has opened for such activity at particular times (e.g., a public school gym that can be reserved by the public for use when not being used by the school).

Question 11

A ____________ forum is public property that usually is not used for speech-related activity, but that the government has opened up for such activity for a particular purpose.

Answer 11

A limited public forum is public property that usually is not used for speech-related activity, but that the government has opened up for such activity for a particular purpose (e.g., a school gym that has been opened up to host a political debate).

Question 12

To be valid, a time, place, and manner regulation of a limited public forum must be __________ neutral and ________ related to a ___________ government purpose.

Answer 12

Viewpoint neutral and rationally related to a legitimate government purpose.

To be valid, a time, place, and manner regulation of a limited public forum must be viewpoint neutral and rationally related to a legitimate government purpose.

Question 13

________ neutral regulations cannot permit presentation of one side of an argument and exclude the other.

Answer 13

Viewpoint neutral regulations: cannot permit presentation of one side of an argument and exclude the other.

Question 14

Would it be valid under the establishment clause for a public school to allow for voluntary moment of silent prayer or meditation at the beginning of the school day?

Answer 14

No, because the moment would be viewed to promote religion.

It does not matter that the moment would be voluntary, or that the moment would be silent.

Question 15

Would it be valid under the establishment clause for a public school to allow posting the Ten Commandments in a public school, pursuant to the local legislature’s declaration that the posting would be for a secular purpose?

Answer 15

No, the Supreme Court ruled that this program clearly served a religious purpose in spite of the legislature’s statement.

Question 16

Would it be valid under the establishment clause for a public school to allow a program where, once a week, the school day ends an hour early so interested students may participate in voluntary religious classes in a separate location from the school?

Answer 16

Yes, this program would be valid.

However, a similar program held in the school itself has been struck down, because turning the classrooms over to religious instructors was found to promote religion.

Question 17

When may the sincerity of an individual’s religious beliefs be inquired into by a court?

Answer 17

The sincerity of the parent’s religious beliefs is a factor that can be inquired into as a way of determining whether she can avail herself of the protection of the Free Exercise Clause.

The Free Exercise Clause of the First Amendment, applicable to the states through the Fourteenth Amendment, prohibits punishing people for their religious beliefs. When a person claims that she is being punished for her religious beliefs, the court may consider whether the person challenging the law sincerely holds those beliefs. Thus, the court may consider whether the parent’s beliefs are sincerely held.

Question 18

Per the one person, one vote principle, congressional districts must be ___________________________ with one another within a state.

Answer 18

Per the one person, one vote principle, congressional districts must be in almost exact mathematical equality with one another within a state.

The rationale is that voting is a fundamental right, diluting one person’s vote compared to another’s raises equal protection concerns, and there is no compelling interest that would justify more than a couple of percentage points difference from district to district.

Question 19

Per the One Person, One Vote principle, the variance between state government districts must ___________________________.

Answer 19

Per the one person, one vote principle, the variance between state government districts must not be unjustifiably large.

But this is a much more lenient standard than the almost exact mathematical equality standard.

Question 20

Laws which prohibit non-residents from voting in local elections must meet what level of scrutiny?

A. Rational Basis Scrutiny
B. Intermediate Scrutiny
C. Strict Scrutiny

Answer 20

A. Rational Basis

Although the right to vote is a fundamental right, laws prohibiting nonresidents from voting are generally valid, provided that they meet the minimal scrutiny, or “rational basis,” standard.

Under this standard, a law will be upheld as long as it is rationally related to a legitimate government interest.

Limiting the voters in a city’s mayoral election to residents of the city serves the interests of efficiency and prevents persons with little personal interest in the city from voting.

Question 21

Under ____________________, a government action involving classification of persons will be subject to Strict Scrutiny if a suspect classification is involved.

Answer 21

the Equal Protection Clause of the 14th Amendment.

A government action involving classification of persons will be struck down under the EPC of the 14th Amendment, unless the government proves it is necessary to achieve a compelling government interest, per Strict Scrutiny review.

Question 22

The ____________________ prevents a state from diluting the right to vote via malapportionment of electoral districts.

In effect, states are prohibited from maintaining districts with fewer representatives per voter than in other districts.

Answer 22

the Equal Protection Clause of the 14th Amendment.

The EPC of the 14th Amendment enforces the “one person, one vote” principle. An inference of purposeful discrimination against minorities to suppress their voting power will invalidate the voting system.

Question 23

There is significant state involvement in a private actor’s discriminatory activities only when a government ________, _________, _________ the private actor’s acts of discrimination.

Answer 23

Facilitates, Encourages, Authorizes

There is significant state involvement in a private actor’s discriminatory activities only when a government Facilitates, Encourages, or Authorizes the private actor’s acts of discrimination.

Question 24

Government actions treating individuals differently on the bases of age are subject to a ___________ standard.

Answer 24

Rational Basis.

Government actions treating individuals differently on the bases of age are subject to a Rational Basis standard.

Question 25

A state law is unconstitutional under the Establishment Clause of the First Amendment if it fails to pass any of three tests regarding religion:

1. ___________
2. ___________
3. ___________

Answer 25

A state law is unconstitutional under the Establishment Clause of the First Amendment if it fails to pass any of three tests:

1. Secular purpose
2. Its primary effect neither advances nor inhibits religion
3. It does not produce excessive government entanglement with religion

Question 26

The Equal Protection Clause of the Fourteenth Amendment applies to:

A. State governments only
B. Federal government only
C. Both state and federal government
D. State, government, and private actors

Answer 26

A. State governments only

The Equal Protection Clause of the Fourteenth Amendment applies to State governments only.

Question 27

The Free Exercise Clause will not prohibit a state from enforcing a law that that conflicts with the religious beliefs of an individual, so long as the law is a _______ law of _________ ______________.

Answer 27

Neutral law of general applicability.

The Free Exercise Clause will not prohibit a state from enforcing a law that that conflicts with the religious beliefs of an individual, so long as the law is a neutral law of general applicability.

Question 28

When may Congress regulate a non-commercial intrastate activity under the Commerce Clause?

Answer 28

Under the Commerce Clause, Congress may regulate a non-commercial activity where Congress has made a factual finding that the activity regulated has a substantial economic effect on interstate commerce.

Question 29

The __________________ prohibits the federal government from ‘commandeering’ states.

Answer 29

The Tenth Amendment prohibits the federal government from ‘commandeering’ states.

Question 30

When analyzing government action based on Gender, courts apply ________________ standard of review, which requires courts to strike down legislation that is not __________ related to _______________ government interest.

Answer 30

Intermediate; substantially; important

When analyzing government action based on gender, courts apply Intermediate standard of review, which requires courts to strike down legislation that is not Substantially related to Important government interest.

Question 31

Under the Full Faith and Credit Clause, a judgment that is valid in one State must be recognized by other States, provided:

1) _______________
2) _______________
3) _______________

Answer 31

Under the Full Faith and Credit Clause, a judgment that is valid in one State must be recognized by other States, provided:

1) Court rendering the judgment had jurisdiction over the parties and subject matter
2) The judgment was On the Merits
3) The judgment was Final

Question 32

The __________________ protects against action by the federal government that discriminates against individuals on classifications of gender.

Answer 32

Due Process Clause of the Fifth Amendment.

The Due Process Clause of the Fifth Amendment. protects against action by the federal government that discriminates against individuals on classifications of gender.

The Fourteenth Amendment Equal Protection Clause protects against such discriminatory treatment by State actors, while the DPC of the 5th Amendment prohibits discrimination by the Federal government.

Question 33

State laws that are designed to protect local state businesses against out-of-state competition will generally be struck down under __________________.

Answer 33

The Commerce Clause.

State laws that are designed to protect local state businesses against out-of-state competition will generally be struck down under the Commerce Clause.

Question 34

A law that classifies persons based on race and has a substantial discriminatory effect, but does not discriminate on its face, and is not applied in a discriminatory manner, will not be unconstitutional, unless _____________________________.

Answer 34

The law was enacted with discriminatory purpose/intent.

Statistical evidence that a law has a disproportionate effect on a class of persons is not enough to trigger Strict Scrutiny under the EPC of the 14th Amendment. A plaintiff must prove Discriminatory Purpose.

Question 35

Government regulations on free speech within a limited/non-public forum will be upheld if the regulations are:

1) _______________
2) _______________

Answer 35

Government regulations on free speech within a limited/non-public forum will be upheld if the regulations are:

1. Viewpoint Neutral
2. Reasonably Related to the intended purpose of the non-public forum

Question 36

A state may pass a law that places content-neutral restrictions on speech, so long as the law may satisfy ___________ scrutiny.

Answer 36

Intermediate.

A law that places content-neutral limits on free speech must meet intermediate scrutiny, which requires the city to prove that the ordinance is narrowly tailored to an important government interest and that it leaves open alternative channels of communication.

Question 37

A ______________ is a legislative act that singles out particular individuals for punishment without a trial; such acts are explicitly prohibited by the Constitution.

Answer 37

Bill of Attainder.

A bill of attainder is a legislative act that singles out particular individuals for punishment without a trial; bills of attainder are explicitly prohibited by the Constitution.

Question 38

The Supreme Court has held that parental notification requirements violate a minor’s right to an abortion unless there is a satisfactory judicial bypass procedure.

A minor may be entitled to have an abortion without parental notice if a court finds:

1) _______________; or
2) _______________

Answer 38

A minor may be entitled to have an abortion without parental notice if a court finds:

(1) The minor is sufficiently mature and informed to make an independent decision to obtain an abortion; or
(2) The abortion would be in the minor’s best interest.

Question 39

A government regulation that eliminates the investment-backed expectation and economic value of an individual’s property is a taking within the meaning of the _________ Amendment, as applied to the county by the _________ Amendment.

Answer 39

Fifth; Fourteenth

A government regulation that eliminates the investment-backed expectation and economic value of an individual’s property is a taking within the meaning of the Fifth Amendment, as applied to the county by the Fourteenth Amendment.

Question 40

Would a local minister’s delivery of a prayer at the public high school graduation be constitutional?

Answer 40

No.

The Supreme Court has held that officially sponsored prayers as part of public high school commencement ceremonies, like the prayer at issue in this case, violate the establishment clause of the First Amendment.

Question 41

Is a party’s failure to respond to a motion for summary judgment an adequate basis for a court to grant the motion?

Answer 41

No, a party’s failure to respond is not in itself a basis for summary judgment.

The court may grant summary judgment only if the employer’s motion and supporting materials show that the employer is entitled to that relief.

The standard for summary judgment is whether there is no genuine dispute as to any material fact such that the moving party is entitled to judgment as a matter of law.

Question 42

When may a Defendant serve a third-party claim on a non-party?

Answer 42

Under Federal Rule 14(a)(1), a defendant may serve a third-party claim only on a nonparty “who is or may be liable to it for all or part of the claim against it.”

This means that the basis of the claim must be derivative liability (e.g., indemnification or contribution). In order to satisfy the Rule, the Defendant cannot simply allege that the consumer sued the wrong defendant, and attempt to serve

Question 43

At the close of evidence, a party files a motion for judgment as a matter of law. The court denies the motion. After the jury announces its verdict, the party files a renewed motion for judgment as a matter of law.

What standard should the court apply, to determine how to rule on a motion for renewed motion for judgment as a matter of law?

Answer 43

A renewed motion for judgment as a matter of law is granted if no reasonable jury could have reached the verdict entered by the jury.

This is an extremely difficult standard to meet.

By granting the motion, the judge in essence would be ruling that this would be the only reasonable verdict that could be reached (i.e. the jury reached a conclusion that a reasonable jury would not have reached).

The evidence is viewed in the light most favorable to the jury’s verdict.

Question 44

A religious group sues the federal government based on a recently passed federal statute.

The group claims the statute violates the Establishment clause. What test will a court use to examine whether the statute violates the Establishment Clause?

Answer 44

Establishment Clause Test:

1) Secular purpose for the law,
2) Effect must be neither to advance nor inhibit religion,
3) Must be no excessive entanglement with religion

Question 45

Under the Free Exercise clause, laws that punish a group on the basis of religious membership are subject to _________ scrutiny.

Answer 45

Strict Scrutiny.

Under the Free Exercise clause, laws that punish a group on the basis of religious membership are subject to Strict Scrutiny.

Question 46

A law or government program must be ________ to serve a ________ government interest if it includes a preference for some religious groups over others.

Answer 46

Necessary; compelling

A law or government program must be necessary to serve a compelling government interest if it includes a preference for some religious groups over others.

Question 47

What provision of the constitution is violated by the below scenario?

Several public high school students asked the superintendent of the public school district whether the minister of a local church could deliver an inter-denominational prayer at their graduation ceremony in the school auditorium.

None of the students or their guests at graduation would be required to pray while the minister delivered the prayer.

Answer 47

The Supreme Court has held that officially sponsored prayers as part of public high school commencement ceremonies, like the prayer at issue in this case, violate the Establishment Clause of the First Amendment.

Question 48

Content-based regulations of expression in a limited public forum are subject to _______ scrutiny by the courts.

Answer 48

Strict Scrutiny applies to content-based regulations.

Content-based restrictions on speech are examined under Strict Scrutiny, which require the the government to prove that the restriction is necessary to serve a compelling governmental interest.

Question 49

Content-neutral restrictions on expression are subject to _______ scrutiny by the courts.

Answer 49

Intermediate Scrutiny applies to content-neutral restrictions.

Content-neutral restrictions on expression are subject to _______ scrutiny by the courts.

Question 50

The First Amendment was extended/made applicable to the states by the _________ Amendment.

Answer 50

Fourteenth Amendment.

The First Amendment was extended/made applicable to the states by the Fourteenth Amendment.

Question 51

Truthful commercial speech may only be regulated if the regulations satisfy _______ scrutiny.

Answer 51

Intermediate Scrutiny.

Under Intermediate Scrutiny, regulations on truthful commercial speech are only constitutional if the regulation:

1) Serves substantial government purpose,
2) Directly advances that interest and
3) Is narrowly tailored to that interest.

Question 52

Zoning ordinances which restrict sexually oriented businesses will be upheld if they are:

1) _________________
2) _________________
3) _________________

Answer 52

In determining the constitutionality of zoning ordinances for sexually oriented businesses protected by the First Amendment, the Supreme Court has held that such ordinances will be upheld so long as they are:

(1) Content neutral (i.e. based on the secondary effects of these businesses, not based on suppressing expression)
(2) Designed to serve a substantial government interest,
(3) Allow alternative avenues of communication.

Question 53

Content neutral regulations are laws that regulate the ________, ________, ________ of all speech, regardless of the speech’s content.

Answer 53

Time, Place, Manner

Content neutral regulations are laws that regulate the time, place, or manner of all speech regardless of the speech’s content.