Bar Exam FINAL REVIEW

Question 1

What is the “Strict Scrutiny” standard of review?

Answer 1

1. Government has the burden
2. NECESSARY to achieve a COMPELLING government interest

Question 2

What is the “intermediate Scrutiny” standard of review?

Answer 2

1. Government has the burden
2. SUBSTANTIALLY related to an IMPORTANT interest

Question 3

What is the “rational basis” standard of review?

Answer 3

1. Plaintiff has burden
2. RATIONALLY related to a LEGITIMATE government interest

Question 4

Discuss the speech specific standards of review

Answer 4

IF CONTENT BASED REGULATION:
1. Strict Scrutiny (gvt burden + Necessary to achieve compelling gvt interest)

IF CONTENT NEUTRAL REGULATION
1. Time/Place/Manner gets Intermediate scrutiny variation (this applies to public forums)
2. Furthers significant gvt interest and leaves open alt means of communication

For PRIVATE forums IF content neutral:
1. Reasonably related to a legitimate government interest

Question 5

Name the 3 hearsay exceptions where unavailability is required…

Answer 5

1. Dying declarations
2. Statement against interest
3. Former Testimony

Question 6

Name the 4 types of non-hearsay (hearsay) lol

Answer 6

1. Admissions (both vicarious and adoptive)
2. Prior consistent statement (use to refute charge of fabrication)
3. Prior SWORD inconsistent statement (made under oath and inconsistent with current testimony)
4. Prior Identification (D testifying about earlier ID)

Question 7

What is the “dying declaration” hearsay exception?

Answer 7

1. Unavailable
2. Belief of impending death when statement made
3. about cause of death
4. Homicide and civil cases ONLY

Question 8

What is the “statement against interest” hearsay exception?

Answer 8

1. Unavailable
2. Make declarant look liable/guilty
3. Generally made by a non-party (if party, admission)

Question 9

What is the “former testimony” hearsay exception?

Answer 9

1. Unavailable
2. Opponent was a party to former case
3. Former case about the same subject matter
4. Made under oath
5. Opportunity to cross examine

Question 10

What is the “admissions”? evidence rule?

Answer 10

1. Statements made by a party
2. Admissible as non-hearsay
3. Both Vicarious admissions and adoptive admissions covered

Question 11

What is the “prior consistent statement” evidence rule?

Answer 11

1. Prior statement by declarant
2. Same content as current testimony
3. to refute charge of fabrication

Question 12

What is the “prior sword inconsistent statement” evidence rule?

Answer 12

1. Prior statement by declarant
2. Made UNDER OATH
3. Inconsistent with current testimony

Question 13

What is the “prior identification” evidence rule?

Answer 13

1. Declarant testifying about an earlier ID