ConLaw II

Question 1

State X passes a law prohibiting the sale of widgets. Paul has 1,000 widgets left over from production when they were legal to sell. After the law is passed, he enters into a contract with Dan for the sale of the widgets. Paul is convicted in court under the State X law. Which of the following is true?

A) The criminal conviction is unconstitutional as an ex post facto law.
B) The criminal conviction is unconstitutional as it impairs Paul’s ability to contract.
C) The criminal conviction is unconstitutional as a bill of attainder.
D) None of the above.

Answer 1

D) None of the above.

Question 2

Which of the following would be protected by the Privileges and Immunities Clause in Article IV of the Constitution?
Correct Answer
A) An out of state electrician is required to take a certification test that in-state electricians do not have to take.
B) State X allows state residents to hunt for moose, but does not allow out of state residents to do so.
Incorrect Response
C) State X provides discounts to state residents to enter state parks, but not to out-of-state residents.
D) None of the above.

Answer 2

A) An out of state electrician is required to take a certification test that in-state electricians do not have to take.

Question 3

Paula posts a crude comment on her Facebook page. She works for a private travel agency. Her employer sees the comment and fires her because of it. Her employer’s actions are

A) Unconstitutional because Paula has a First Amendment right to post information on her Facebook page.
B) Unconstitutional because the First Amendment protects all speech including crude speech.
C) Constitutional, assuming her employer is not connected with the government and its actions were not the result of any government interaction.
D) Constitutional because Paula agreed to allow her employer to monitor her Facebook page.

Answer 3

C) Constitutional, assuming her employer is not connected with the government and its actions were not the result of any government interaction.

Question 4

A city clerk refuses to give a group a permit to perform because she does not agree with the content of their performance which includes references to gay marriage. The group sues the clerk in federal court and asks the court to order the clerk to issue a permit on the ground that the denial violates their right to free speech under the First Amendment. The clerk moves to dismiss the case due to a lack of state action. The court should

A) Dismiss the case because the city clerk is not an agent of the state, so there is no state action.
B) Dismiss the case because the city clerk should be allowed to exercise her right to deny permits to groups that she does not like.
C) Not dismiss the case because state action includes actions by city clerks in their official capacity.
D) Not dismiss the case because the denial of the permit is a traditional public function.

Answer 4

C) Not dismiss the case because state action includes actions by city clerks in their official capacity.

Question 5

As part of its “Mr. Splashy Pants” campaign, a group of volunteers for a non-profit organization decides to protest in front of a retail store that sells products from other countries that are made from whales. The store is in a private shopping mall that is open to the public. A variety of groups hold meetings in the courtyard of the mall. The protesters are asked to leave by mall security. When they refuse, they are escorted off the property by mall security. They sue the mall in federal court for violating their First Amendment right to freedom of assembly and speech. The court should

A) Rule in favor of the protestors.
B) Find that the mall is serving a traditional public function.
C) Find that the protestors lack standing.
D) Find that the mall is a private actor and the constitutional protections do not apply.

Answer 5

D) Find that the mall is a private actor and the constitutional protections do not apply.

Question 6

Why did the Supreme Court find that the actions of the defendant were state action in Brentwood Academy v. Tennessee Secondary School Athletic Association (TSSAA) but it was not in NCAA v. Tarkanian?

A) The association in TSSAA
was an official state agency, whereas the association in Tarkanian was a private entity.
B) The association in TSSAA
was run by public school officials and was the de facto state regulator of high school sports, whereas the association in Tarkanian was enforcing its own private rules and membership in the association was voluntary.
C) The sanctions in the TSSAA case were enforced by the state, whereas the sanctions in Tarkanian
were enforced by the private association.
D) All of the above.

Answer 6

B) The association in TSSAA
was run by public school officials and was the de facto state regulator of high school sports, whereas the association in Tarkanian was enforcing its own private rules and membership in the association was voluntary.

Question 7

Which of the following is an example of an adjudicative decision?

A) State X passes a law requiring all residents to pay local property taxes, which results in Paul owing $4,356 dollars in property taxes.
B) The Town of Lancaster passes a town ordinance requiring all residents to pay property taxes at a rate of $22.34 per thousand dollars of property value, which results in Paul owing $4,356 dollars in property taxes.
C) The Town of Lancaster makes an individual assessment of Paul’s property and determines that he owes $4,356 dollars in property taxes.
D) The Town of Lancaster increases the property value of all property in the town by 10 percent, and maintains the same tax rate, resulting in a property tax increase for all residents, including an increase of $4,356 for Paul.

Answer 7

C) The Town of Lancaster makes an individual assessment of Paul’s property and determines that he owes $4,356 dollars in property taxes.

Question 8

Which of the following is not a protected property interest under the due process clause?

A) Paul’s ownership of a car.
B) Paul receiving social security disability benefits from the government.
C) Paul’s continued licensure as an electrician.
D) Paul’s reputation.

Answer 8

D) Paul’s reputation.

Question 9

Which of the following is a protected liberty interest?

A) A movie theatre denies Paul entry into a movie because he would not agree to turn off his phone.
B) Paul voluntarily checks himself to a state mental hospital for evaluation. He is free to leave at any time.
C) Paul is deported from the United States.
D) The town police department falsely identifies Paul as a robber and provides his picture to the news media, who publish it online and on television.

Answer 9

C) Paul is deported from the United States.

Question 10

Which of the following is not a factor considered by courts in the Mathews v. Eldridge balancing test?

A) The public’s interest in seeing the matter resolved.
B) The private interest at stake.
C) The risk of an erroneous deprivation.
D) The government’s interest.

Answer 10

A) The public’s interest in seeing the matter resolved.

Question 11

In which of the following situations would a post-deprivation hearing not be sufficient due process?

A) A person’s driver’s license is suspended for suspicion of driving under the influence of alcohol.
B) A person’s power is terminated by a public utility for failing to pay their electricity bill.
C) A person’s disability benefits are terminated because the agency believes the person no longer qualifies for benefits.
D) A drug company’s approval to sell and market a prescription drug is revoked by the agency that issued the license after the drug is reportedly linked to the death of multiple people.

Answer 11

B) A person’s power is terminated by a public utility for failing to pay their electricity bill.

Question 12

What is the source of the substantive due process protections in the Constitution?

Answer 12

The Due Process Clause of the 5th and 14th Amendments. The 5th applies to the federal government. The 14th applies to the states.

Question 13

What is substantive due process?

Answer 13

It protects life, liberty, or property interests regardless of the fairness of the process followed by the government.

Question 14

When is governmental action considered legislative as opposed to non-legislative or executive for purposes of substantive due process?

Answer 14

Legislative is when the challenge is to a law. Non-legislative or executive is when the challenge is to the actions of a governmental official.

Question 15

State X passes a law that imposes a tax on the sale of all new cars. Cartoon is the largest new car dealer in the state, and the tax will have the largest impact on Cartown and Cartown customers. Cartown files a lawsuit arguing that the tax violates substantive due process because it is unfair and violates their protected property and liberty interests. Is this a legislative or non-legislative action?

Answer 15

Legislative, because it is challenging the law.

Question 16

State X passes a law that imposes a tax on the sale of all new cars. Cartoon is the largest new car dealer in the state, and the tax will have the largest impact on Cartown and Cartown customers. Cartown refuses to pay the tax. An agent from State X tax department comes to Cartown and threatens to shut down Cartown and spread false rumors about Cartown selling defective cars if they don’t pay.

Cartown sues claiming the agent’s actions in enforcing the law violate substantive due process. Is this legislative or non-legislative action?

Answer 16

Non-legislative, or executive, because it is a challenge to the actions of a governmental agent.

Question 17

What interests are protected by substantive due process?

Answer 17

Life, liberty, and property. Liberty includes some unenumerated fundamental rights and other protected liberty interests like the right to refuse life-saving medical treatment.

Question 18

What rights are considered fundamental for substantive due process?

Answer 18

They include enumerated rights covered by the Bill of Rights, like the right to freedom of speech, but you generally won’t see those rights analyzed under substantive due process. Rather, they will be analyzed under their own constitutional provision, like the 1st Amendment.

The rights for substantive due process are generally unenumerated rights that the court has determined to be part of the liberty interests protected by due process. These include the right to marry, including the right of same-sex couples to marry; familial rights, like the right to live with family members; and the right of parents to raise children, including making decisions about their care, custody, and their educational and religious upbringing.

Question 19

How does the Supreme Court determine if a liberty interest is fundamental or not?

Answer 19

It must be something that is deeply rooted in this nation’s history, tradition, the conscience of the people, and the implicit in the concept of ordered liberty, such that neither liberty nor justice would exist if it were sacrificed.

Question 20

Paul is terminally ill. He wants to end his life with dignity, but he lives in State X, which has a law that prohibits assisted suicide, so he is unable to find a doctor who is willing to give him medication that will end his life.

He brings a lawsuit challenging the State X law as violating his substantive due process right to die with dignity.

Is this a fundamental right?

Answer 20

The Supreme Court said that it was not. The Court defined the interest at stake to be physician-assisted suicide and determined that such a right was not fundamental because it was not rooted in history and tradition since most states had historically outlawed any type of assisted suicide.

Question 21

What level of judicial review applies to fundamental rights, and what are the requirements of this standard?

Answer 21

Strict scrutiny, which requires the government to prove that the law at issue is necessary to serve a compelling interest and is narrowly tailored to that interest.

Question 22

What level of judicial review applies to protected interests that are not fundamental rights, and what are the requirements of this standard?

Answer 22

Rational basis, which requires the challenger to prove that the law is not rationally related to a legitimate governmental interest.

Question 23

What are the differences between strict scrutiny and rational basis review?

Answer 23

With strict scrutiny, the burden is on the government to prove that the law is constitutional. With rational basis, the burden is on the challenger to prove that it is not. Strict scrutiny is a difficult standard for the government to meet as it can be difficult to establish that a law is necessary or narrowly tailored to a governmental interest, even if that interest is compelling. Rational basis is a deferential standard towards laws, and it can be difficult for the challenger to prove that a law is not rationally related to some legitimate interest.

Question 24

State X passes a law that imposes a tax on the sale of all new cars. Cartoon is the largest new car dealer in the state, and the tax will have the largest impact on Cartown and Cartown customers. Cartown files a lawsuit arguing that the tax violates substantive due process because it is unfair and violates their protected property and liberty interests.

What level of review will the court apply and what result do you think will occur under this level of review?

Answer 24

It will be rational basis because the law impacts economic rights. Courts review economic legislation under rational basis. Under this standard, Cartown will have to prove that there is no set of facts that establishes that the law is rationally related to a legitimate state interest.

Rising revenue is a legitimate state interest, and the tax seems rationally related to that interest. While the law may have the greatest impact on Cartown, and there may be other ways to raise revenue that have less of an impact on Cartown that the state could have used, that is not enough to establish that the law is not rationally related to a legitimate interest. As a result, a court would likely rule against Cartown and find that the law is constitutional.

Question 25

What protected interests are subjected to a level of judicial review that is different from the strict scrutiny and rational basis standards?

Answer 25

Situations where there are competing interests between the challenger and the state.

Question 26

What level of judicial scrutiny is used to assess restrictions on abortion?

Answer 26

Abortion used to be considered a fundamental right and was assessed using an undue burden standard, as stated in Planned Parenthood of Southeastern Pennsylvania v. Casey. However, the Supreme Court overruled that decision in Dobbs v. Jackson Women's Health Org., and ruled that restrictions on abortion were subject to rational basis review.

Question 27

What standard do courts use to determine if actions by a governmental official violate a person's substantive due process rights?

Answer 27

The shocks the conscience standard. Courts look to see if it is "so egregious, so outrageous, that it may fairly be said to shock the contemporary conscience."

Question 28

What is the difference between a legislative act and a non-legislative or executive act for substantive due process? A) A legislative act is a challenge to the actions of legislators. An executive act is a challenge to the actions of an executive branch official. B) Legislative acts are laws. Executive acts are actions. C) Legislative acts affect a large number of people equally. Executive acts are only those taken by the President. D) None of the above.

Answer 28

B) Legislative acts are laws. Executive acts are actions.

Question 29

Which of the following standards applies to non-legislative or executive actions that deprive a person of a protected life, liberty, or property interest? A) Strict scrutiny. B) Rational basis. C) Balancing test. D) Shocks the conscience.

Answer 29

D) Shocks the conscience.

Question 30

Which of the following is not a fundamental right under substantive due process? A) Marriage. B) Familial rights. C) Abortion. D) Parents' rights regarding care and custody of their children.

Answer 30

C) Abortion.

Question 31

In Cruzan v. Director of Missouri Dept. of Health, the Court ruled that A) The right to die is a fundamental right. B) The right to refuse lifesaving treatment is a protected liberty interest. C) The state has no interest in preserving life. D) All of the above.

Answer 31

A) The right to die is a fundamental right.

Question 32

Which of the following accurately describes the requirements of strict scrutiny and/or rational basis standard of review? A) The burden is on the government for strict scrutiny. B) Strict scrutiny is a deferential standard of review. C) Rational basis standard of review requires a compelling state interest. D) Strict scrutiny is met if the government’s interest is legitimate.

Answer 32

A) The burden is on the government for strict scrutiny.

Question 33

Which of the following is not a per se taking? A) Physical taking. B) Regulatory taking that deprives all economic use. C) Conditional taking. D) All of the above.

Answer 33

C) Conditional taking.

Question 34

Which of the following situations is likely a taking? A) The government destroys a privately owned apple tree farm so that diseases from the trees will not spread. B) The government takes privately owned weapons so that they will not end up in enemy hands. C) The government occupies private land in order to protect from being taken by the enemy. D) The government periodically floods private land periodically in order to provide water to other property owners.

Answer 34

D) The government periodically floods private land periodically in order to provide water to other property owners.

Question 35

Why was the IOLTA program not a taking in Brown v. Washington Legal Foundation? A) The interest was not private property. B) The interest was not taken by the government. C) The owners did not have a loss under fair market value. D) All of the above.

Answer 35

C) The owners did not have a loss under fair market value.

Question 36

While of the following is not property for purposes of Takings? A) Governmental benefits. B) Trade secrets. C) Interest. D) Intellectual property.

Answer 36

A) Governmental benefits.

Question 37

When is a governmental condition considered a taking? A) When there is an essential nexus between the condition and a legitimate state interest, and the condition is roughly proportional in nature and extent to the proposed development. B) When there is not an essential nexus between the condition and a legitimate state interest, or the condition is not roughly proportional in nature and extent to the proposed development. C) When the government does not have a compelling interest for the condition. D) When the condition imposes an undue burden on the plaintiff.

Answer 37

B) When there is not an essential nexus between the condition and a legitimate state interest, or the condition is not roughly proportional in nature and extent to the proposed development.

Question 38

Paul operates a smelting plant that produces various gaseous particles that end up on his neighbors’ property. The neighbors complain to the city and say that the particulate matter is so bad that it prevents them from using their property during certain parts of the day. Paul has operated the plant for 50 years, and the land abutting the plant was recently sold and developed, which is why the city is now receiving complaints. The city orders Paul to cease and desist from all further operations that will create gaseous particles. Paul is unable to operate the smelting plant without doing so, and unable to use the property for any other purpose given the long standing use as a smelting plant. Which of the following is true? A) The city’s order is a taking because it deprives Paul of all reasonable economically viable use of the property. B) The city’s order is a taking because it is a constructive occupation of the property. C) The city’s order is a a per se taking. D) The city’s order is not a taking because Paul’s operation of the plant is a nuisance.

Answer 38

D) The city’s order is not a taking because Paul’s operation of the plant is a nuisance.

Question 39

When does strict scrutiny apply under the Equal Protection Clause? A) When it significantly burdens a fundamental right. B) When it incidentally burdens a fundamental right. C) When it has a disparate impact on a suspect classification. D) When it intentionally discriminates against a quasi-suspect classification.

Answer 39

A) When it significantly burdens a fundamental right.

Question 40

Which of the following classifications are suspect? A) Disability B) Gender C) Age D) National origin

Answer 40

D) National origin

Question 41

Which of the following does not by itself establish that a law intentionally discriminates against a suspect classification? A) A law expressly requires Asian Americans to take an additional driving test before they can obtain their driver’s license. B) A law that is racially neutral on its face, but has the effect of denying Asian Americans their driver’s licenses 50 percent of the time, while driver’s licenses are denied 5 percent of the time to every other race and ethnicity. C) A law that is racially neutral on its face, but has the purpose of denying Asian Americans driver’s licenses. D) A law that is racially neutral on its face, but administered in a way that results in Asian Americans being denied their driver’s license without a racially neural explanation.

Answer 41

B) A law that is racially neutral on its face, but has the effect of denying Asian Americans their driver’s licenses 50 percent of the time, while driver’s licenses are denied 5 percent of the time to every other race and ethnicity.

Question 42

When is governmental action that intentionally discriminates against aliens subject to strict scrutiny review? A) When it is a federal law. B) When it is a state law that prohibits aliens from being involved in state governance. C) When it involves illegal aliens. D) None of the above.

Answer 42

D) None of the above.

Question 43

Paul has terminal cancer. He wants to end his life with dignity, but his state has a law that prohibits physician-assisted suicide. Which of the following are true? A) Paul has a fundamental right to die. B) The state law violates equal protection. C) The state law does not violate equal protection. D) The state law must meet the strict scrutiny standard.

Answer 43

C) The state law does not violate equal protection.

Question 44

Paul applied for a job with city government as a computer systems administrator. City ordinances provided that all city employees were on probationary status for the first six months of their employment, during which time they could be discharged for “any reason whatsoever.” These ordinances also stated that after six months of full time employment for the city, an employee gained "permanent" status, which meant, among other things, that the employee could only be discharged "for good cause." Paul was hired by the city and began working full-time. After five and one-half months, Paul was discharged. His supervisor came into Paul's office at the end of the workday and said, "Paul, I've decided to let you go. Your computer work is competent, but you aren't able to interact effectively with other city personnel. Please give me your keys and clean out your desk." If Paul challenges his termination from city employment in an appropriate legal action as a violation of his constitutional right to due process of law, the court should rule for A) Paul, because he must be given some kind of notice and opportunity to respond to a job termination prior to the time the government takes such action. B) Paul, unless the city provides him with a fair post-discharge hearing at which he can contest the factual issue regarding his ability to interact with other city employees. C) The city, because the need to prevent Paul from harming the city's computer system in retaliation for his termination justified providing him with a post-discharge hearing, instead of a pre-discharge hearing. D) The city, because Paul does not have a property interest in continued employment.

Answer 44

D) The city, because Paul does not have a property interest in continued employment.

Question 45

The legislature of State enacted a statute providing that persons whose last names began with letters "A" through "L" could drive an automobile only on Monday, Wednesday and Friday, and that persons whose last name began with any other letter or symbol could only drive on Sunday, Tuesday and Thursday. Saturday was designated a "no driving" day, and the statute contained exceptions for life-threatening emergencies or travel out of state. In addition, specified types of business were exempted from the driving-day limitations, such as bus and taxi companies. The preamble to this legislation stated that it was intended to redress air pollution by reducing the amount of automobile driving in the state. Delivco, a corporation which operates delivery trucks entirely within a major city in the state, challenged the driving statute in state court on grounds that to require it to schedule certain of its employee drivers for specified days of the week, while permitting bus and taxi companies to schedule any driver for any day of the week, violated the Fourteenth Amendment Equal Protection Clause. Judgment in this case should be for A) Delivco, but only if it can show that there is no conceivable set of facts that would provide a rational relationship between limiting driving by specified persons on certain days and reducing air pollution. B) Delivco, because the law interferes with their right to travel. C) The state, if it can demonstrate any rational connection between its statute and a legitimate government interest. D) The state, if it shows that the statute burdens private interests no more than necessary to carry out its asserted purpose.

Answer 45

A) Delivco, but only if it can show that there is no conceivable set of facts that would provide a rational relationship between limiting driving by specified persons on certain days and reducing air pollution.

Question 46

Sonny was the illegitimate child of Pops. Although Sonny had confronted Pops and Pops had admitted that Sonny was indeed his child, Pops had never formally acknowledged Sonny to be his son. Pops died intestate, leaving no surviving heir other than Sonny. The State of Aurora, where Pops had lived the remaining few years of his life and where all of his property was located, had a statute which provided that an unacknowledged illegitimate child may not inherit property from his father. The statute provided that if there were no heirs other than the illegitimate child remaining, then the property was to escheat to the state. Sonny filed suit in an appropriate court alleging that the State’s statute barring an illegitimate child from inheriting from his father is invalid and that he should be declared the lawful heir to Pops’ estate. Sonny challenges the validity of the State’s statute. The Court should rule that A) The law violates the Privileges or Immunities Clause of the Fourteenth Amendment. B) The law is a taking because it takes Sonny’s property and gives it to the State. C) The law substantially furthered the important state interest of having a just and orderly disposition of property, and establishing paternity. D) Sonny has a fundamental right to inherit his father’s estate, which has been compromised without a compelling state interest.

Answer 46

C) The law substantially furthered the important state interest of having a just and orderly disposition of property, and establishing paternity.

Question 47

The City of Metropolis has a very diverse ethnicity; there are large communities of European-American, African-American, Latino, Armenian, Jewish, Asian-American and Native American persons living there. The ten city council members are elected from geographically-drawn districts within Metropolis. While the various ethnic groups in Metropolis once lived in compact, homogeneous areas, over the years the residential housing patterns of the city have become much more integrated, so that no single district among the ten city council districts contains a majority of voters whose ethnicity is other than European-American. In order to insure that the diversity of the city continue to be reflected in the membership of the city council, that body redrew the council districts by identifying the ethnicity of each voter's household and then establishing district lines based on a mathematical formula which would provide the maximum number of districts in which one or more non-European-American ethnic groups comprise a clear majority of that districts voters. Paula, a European-American, challenged the new city council district lines, claiming that the city council's redistricting violated the Equal Protection Clause of the Fourteenth Amendment. At trial of this action, it was established that the total population of Metropolis is 58 percent European-American, and that the new district lines created six new city council districts in which European-American voters were a majority of all voters. What will be the probable outcome of Paula's lawsuit? A) The city will win, because it has a legitimate interest in ensuring the voting districts are diverse. B) The city will win, because it was acting rationally to insure that the voting power of minority populations was not diluted by geographical dispersion. C) Paula will win, but only if she can show that the city council acted out of motives of racial animosity toward one or more ethnic groups. D) Paula will win, because it is impermissible to draw electoral district lines based solely on race, unless it is necessary to meet a compelling interest.

Answer 47

D) Paula will win, because it is impermissible to draw electoral district lines based solely on race, unless it is necessary to meet a compelling interest.

Question 48

The State of X imposes a tax on the income of any person domiciled in that state. The amount of the tax is determined as a percentage of the income the domiciliary receives. The state constitution requires that state government have a balanced budget, that is, expenditures authorized by the legislature in its annual budget bill cannot exceed projected revenues. Projecting a shortfall of state income for the next fiscal year, the state legislature imposed a one percent surcharge on the income of all domiciliaries who were not citizens of the United States. Guy, a citizen of Switzerland who was admitted for permanent residence in the United States and whose domicile was in State X, refused to pay to State X tax authorities the one percent surcharge on his income. State X prosecuted Guy under a statute making it a criminal offense to willfully refuse to pay taxes owed to the state. If Guy asserts as a defense in this prosecution that the one percent tax surcharge is invalid, and thus he does not owe it to the state, the court should rule A) For Guy, because a tax based solely on alienage intrudes into foreign policy concerns, an area of exclusive federal authority. B) For Guy, since taxing legal aliens in a greater amount than non-aliens with the same income is not necessary to meet a compelling governmental interest. C) For the state, because the state constitutional mandate to balance state government income and expenditures is an interest of the highest importance. D) For the state, because payment of taxes is an essential attribute of participation in the political process.

Answer 48

B) For Guy, since taxing legal aliens in a greater amount than non-aliens with the same income is not necessary to meet a compelling governmental interest.

Question 49

The City of Troposphere is located in a very rural area and has never provided city fire department services for its residents, but instead has always licensed various private companies to offer protection from fire inside the city limits. Such arrangements are historically very common in rural areas. One of these businesses is Sheila's Sure-fire Fire Protection Agency, which has about 5,000 customers who pay a monthly fee in exchange for a smoke alarm/radio transmitter device that will detect most fires and bring Sheila's firefighters to the scene within a few minutes of the alarm. These alarms can be manually activated, and Sheila's maintains an emergency phone number for reports of fire. It is Sheila's policy to discontinue service to any customer who makes more than two false reports of fire by manually activating the alarm or by phone. Benson, a Sheila's customer, purchased a new microwave oven and discovered that whenever he tried to cook with the microwave his Sheila's smoke alarm would send a signal to the local Sheila's station that his house was on fire. Several false signals were sent in this manner before Benson realized what was causing the problem and obtained a replacement oven that did not activate the smoke alarm. A few days later, Benson was surprised when Sheila's technician arrived to remove the smoke alarm/transmitter from his home. Benson tried to explain to the technician and later in several phone calls and letters and in visits to the main offices that he had not purposefully activated the alarm, but Sheila's refused to reinstate his service. If Benson brings an action in federal court to compel Sheila's to reinstate his service on the grounds that his rights to due process were violated by the discontinuance of service without any notice or hearing, Benson will probably A) Lose, Sheila's provided sufficient due process with the notice and post-termination hearing. B) Lose, because Sheila's has no constitutional obligation to give him notice or a hearing in connection with the termination of fire protection service. C) Win, because the fact that a private company provides an essential government service does not relieve the government from its obligation to afford its citizens due process of law. D) Win, because persons may not be deprived of fundamental rights without due process of law regardless of the public or private nature of the organization engaging in the adverse action.

Answer 49

B) Lose, because Sheila's has no constitutional obligation to give him notice or a hearing in connection with the termination of fire protection service.

Question 50

The residents of State Y, located near the Canadian border, began complaining to elected officials that illegal immigrants were crossing the Canadian border and straining scarce State Y resources when many of the immigrants attempted to obtain medical care in State Y medical clinics and hospital emergency rooms. In an attempt to resolve the problem, the state enacted a statute making it illegal for non-US residents to be treated in state medical facilities. Another part of the statute authorized the immediate hiring of 100 new health care workers, also providing that only persons who had graduated from a high school in State Y would be eligible to apply for the new health care positions. In a challenge to the constitutionality of the second part of the statute providing for the employment of persons who were graduates of State Y high schools, which of the following is the best challenge? A) The Privileges and Immunities Clause of Article IV. B) The reserved powers of the state under the Tenth Amendment. C) The Equal Protection Clause of the Fourteenth Amendment. D) The Privileges or Immunities Clause of the Fourteenth Amendment.

Answer 50

C) The Equal Protection Clause of the Fourteenth Amendment.

Question 51

Petra buys property in the City of Shasta. The property is zoned both residential and commercial. Petra plans to build an outdoor gun range on the property. Petra’s neighbors all object to the gun range because their houses are close by and they are concerned about the noise and safety of the range. They convince the zoning board to change the zoning requirements in that area to residential only, since none of them operate businesses anyway. Petra sues, claiming the change is a Takings. Which of the following is correct? A) Petra will prevail because the change interfered with her distinct investment expectations. B) Petra will prevail because the City of Shasta did not offer just compensation. C) City of Shasta will prevail if they can establish legitimate safety or nuisance concerns. D) City of Shasta will prevail since the change only affects Petra.

Answer 51

C) City of Shasta will prevail if they can establish legitimate safety or nuisance concerns.

Question 52

To combat rising teen pregnancy rates, a state enacted new legislation implementing an aggressive sex-education program in the public high schools. The program, launched pursuant to the new statute, offered teenagers extensive information on sex- and health-related issues ranging from abstention to adoption, but excluded any information about abortion. The state legislature appropriated funds for the program. The statute also provided funds for health clinics to be run on-site at all high schools during school hours. The statute specifically prohibited "the teaching or distribution of literature about abortion in sex-education classes on school grounds" and "the use of state funds for abortion counseling or abortion services at on-site school clinics." A group of pregnant high school students file suit challenging the statute as violating due process. How will the court likely rule? A) The statute is constitutional, because it is rationally related to a legitimate governmental interest. B) The statute is constitutional, because it does not place an undue burden on the fundamental right to abortion. C) The statute is unconstitutional, because it is not narrowly tailored to meet a compelling interest. D) The statute is unconstitutional, because it places an undue burden on the fundamental right to abortion.

Answer 52

A) The statute is constitutional, because it is rationally related to a legitimate governmental interest.

Question 53

Patterson's elderly father is dying. Patterson lives in a different state and is flying home to see him over the holidays. In the security line at the airport, Patterson is randomly selected for a full body search. The process takes a long time and, given the stress of her father's condition, Patterson loses her temper and begins screaming at the security officials. The officials proceeding to physically restrain Patterson which results in her falling to the floor face first. While on the ground, she is struggling to breathe, and is tased repeatedly. She loses consciousness and wakes up handcuffed to a bed in hospital room with security officials stationed at the door. She has a broken nose, teeth, ribs, and arm. Which of the following is Patterson's best constitutional claim? A) The actions of the security officials violated her fundamental right to travel without a compelling interest to do so. B) The actions of the security officials violate substantive due process because they are so egregious that they shock the contemporary conscience. C) The actions of the security officials violate equal protection because Patterson is female. D) The actions of the security officials violate procedural due process.

Answer 53

B) The actions of the security officials violate substantive due process because they are so egregious that they shock the contemporary conscience.

Question 54

The right to bear arms includes A) The right to keep and carry any weapon whatsoever. B) The right to keep and carry any weapon for whatever purpose. C) The right to keep and carry any weapon in any manner and for whatever purpose. D) None of the above.

Answer 54

D) None of the above.

Question 55

Which of the following are presumptively lawful measures? A) Prohibitions on the possession of firearms by felons and the mentally ill. B) Laws forbidding the carrying of firearms in sensitive places. C) Laws imposing conditions and qualifications on the commercial sale of arms. D) All of the above.

Answer 55

D) All of the above.

Question 56

The Second Amendment A) Applies to the states because all of the rights in the Bill of Rights apply to the states. B) Applies to the states through selective incorporation under the Due Process Clause of the 14th Amendment. C) Does not apply to the states because it is not fundamental to our scheme of ordered liberty and system of justice. D) None of the above.

Answer 56

B) Applies to the states through selective incorporation under the Due Process Clause of the 14th Amendment.

Question 57

When is a law just a content-based restriction on speech? A) When it based on the specific message in the subject matter of the speech. B) When it is based on the content or subject matter of the speech. C) When people of common intelligence do not have to guess at the law’s meaning. D) When it includes protected and unprotected speech.

Answer 57

B) When it is based on the content or subject matter of the speech.

Question 58

Which of the following is not part of the requirements for a content-neutral restriction? A) It must be unrelated to the suppression of speech. B) It must serve an important or significant governmental interest C) It must be the least restrictive means. D) It must leave open, ample opportunities for communication.

Answer 58

C) It must be the least restrictive means.

Question 59

A state statute prohibits “communicating fighting words towards another person that are likely to incite violence.” The law is A) Likely unconstitutional because it is a content-based restriction. B) Likely unconstitutional because it is overbroad. C) Likely constitutional because it is a content-neutral restriction. D) Likely constitutional because it targets unprotected speech.

Answer 59

D) Likely constitutional because it targets unprotected speech.

Question 60

Prohibiting rallies, gatherings, or events on the state house lawn on weekdays between the hours of 9:00 am and 5:00 pm is an example of A) A time, place, and manner restriction that is likely constitutional as long as it leaves open ample alternative channels of communication. B) A time, place, and manner restriction that is likely unconstitutional because it does not leave open ample alternative channels of communication. C) A content-based restriction that is likely unconstitutional. D) A content-based restriction that is overbroad and vague.

Answer 60

A) A time, place, and manner restriction that is likely constitutional as long as it leaves open ample alternative channels of communication.

Question 61

Prior restraints are A) A constitutional way for the government to prevent speech that it disagrees with. B) Laws that prevent speech before it occurs. C) Laws that punish speech after it occurs. D) None of the above.

Answer 61

B) Laws that prevent speech before it occurs.

Question 62

Which of the following accurately describes fighting words? A) Words that intent to incite a crowd to commit imminent unlawful acts. B) Words directed towards another person that are likely to incite a violent reaction in a reasonable person. C) Words that intimidate another person. D) Words that communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals.

Answer 62

B) Words directed towards another person that are likely to incite a violent reaction in a reasonable person.

Question 63

When may a hostile audience result in the government requiring a speaker at a rally to stop speaking? A) When the government does not like the speaker’s message. B) When there is a concern that the crowd may become violent. C) When there is imminent danger of uncontrollable violence. D)When the speaker using vulgarity and obscene language.

Answer 63

C) When there is imminent danger of uncontrollable violence.

Question 64

Which of the following is not a requirement for incitement of imminent lawless action? A) A hostile crowd. B) Intent to cause unlawful action. C) Imminence. D) Likelihood of producing lawless action.

Answer 64

A) A hostile crowd.

Question 65

Which of the following is not true about true threats? A) It includes serious expressions of intent to harm another person or group. B) It includes acts of intimidation. C) The speaker must intend to carry out the threat. D) It protects people from the fear of violence.

Answer 65

C) The speaker must intend to carry out the threat.

Question 66

Which of the following is most likely obscene under Miller v. California? A) A magazine that shows several men completely naked. B) A song that is full of vulgarity and profanity. C) A video of a hard-core sex scene. D) None of the above.

Answer 66

C) A video of a hard-core sex scene.

Question 67

Pat spray paints a picture on the side of a public building. The picture has various shapes and designs. Pat intends the picture to be a protest of using animals for food products. Is the painting symbolic speech? A) Yes, because Pat intended to send a message with the painting. B) Yes, because it is a painting. C) No, because the message was not likely to be understood by those that viewed it. D) No, because it is a painting.

Answer 67

C) No, because the message was not likely to be understood by those that viewed it.

Question 68

Paul is arrested and convicted for burning a copy of the Bible as part of a protest regarding local priests accused of molesting young male parishioners. Paul intended his message to be a symbol of how the Priests had disrespected the Bible with their actions. As he lit it, he screamed that the burning Bible was the priests “burning in Hell” for what they had done. The city ordinance used to arrest and convict Paul states that it “Shall be a breach of the peace to treat any religious text, object, or artifact in a manner that would offend a reasonable person.” The conviction should be A) Upheld because the government must has an important interest in protecting religious material from being destroyed in protests, that interest is unrelated to the suppression of speech, and has only an incidental restriction on speech that is no greater than necessary to further the important or substantial interest. B) Upheld because Paul’s actions are not protected speech. C) Overturned because Paul intended to send a message by burning the Bible. D) Overturned because the city ordinance is not unrelated to speech and does not satisfy strict scrutiny.

Answer 68

D) Overturned because the city ordinance is not unrelated to speech and does not satisfy strict scrutiny.

Question 69

When is something considered commercial speech? A) Anytime it references a product. B) Anytime it references the sale of a product. C) Anytime the dominant theme of the speech proposes a commercial transaction. D) Anytime any part of the speech proposes a commercial transaction.

Answer 69

C) Anytime the dominant theme of the speech proposes a commercial transaction.

Question 70

A law that prohibits advertising of the sales of contraceptives in order to prevent teenage pregnancy would likely be A) Unconstitutional under commercial speech standards because the law does not directly advance the stated interest and is more extensive than necessary to serve that interest. B) Unconstitutional because it does not meet the requirements of strict scrutiny. C) Constitutional because the state has a legitimate interest in preventing teenage pregnancy. D) Constitutional as long as the law allows for ample alternative channels of communication.

Answer 70

A) Unconstitutional under commercial speech standards because the law does not directly advance the stated interest and is more extensive than necessary to serve that interest.

Question 71

The First Amendment protections regarding defamation apply to all of the following except A) A public figure. B) A public official. C) A private person discussing a matter of public concern. D) A private person discussing a private matter.

Answer 71

D) A private person discussing a private matter.

Question 72

Which of the following is likely a traditional public forum? A) A public school. B) A public building. C) A public park. D) A public airport.

Answer 72

C) A public park.

Question 73

A public school opens up its facilities for use after school only by non-profit community groups that benefit children. This would be an example of a A) Traditional public forum. B) Designated public forum. C) Limited public forum. D) Nonpublic forum.

Answer 73

C) Limited public forum.

Question 74

Speech by government employees is protected A) When the speech is made as a public employee. B) When the speech is made as an employee about a matter of public concern. C) When the speech is made about a matter of public concern. D) When the speech is made as a citizen about a matter of public concern.

Answer 74

D) When the speech is made as a citizen about a matter of public concern.

Question 75

Speech that is considered lewd or offensive in public elementary and secondary schools A) Is protected and subject to strict scrutiny. B) Is not protected and may be prohibited and punished. C) Is not protected and may by prohibited and punished if it is likely to cause a substantial disruption. D) None of the above.

Answer 75

B) Is not protected and may be prohibited and punished.

Question 76

A student wears a T-shirt to pubic high school with an image of illegal drug paraphernalia. The principal tells her to take it off and she refuses, so she is sent home. Which legal standard applies to the principal’s actions? A) The Tinker standard and the principal must have a reasonable expectation that the shirt will cause a substantial disruption at school. B) Bethel Sch. Dist. v. Fraser, because the speech is offensive. C) Hazelwood Sch. Dist. v. Kuhlmeier, because allowing the student to wear the shirt at school could be viewed as the school endorsing the message on the shirt. D) Morse v. Frederick, because a reasonable person could view the shirt as promoting illegal drug use.

Answer 76

D) Morse v. Frederick, because a reasonable person could view the shirt as promoting illegal drug use.