Constitutional Law AMP - Restrictions On Power Over Individuals

Question 1

Under the Contracts Clause, if state legislation substantially impairs a party’s rights under an existing contract, it will be valid only if it serves an important and legitimate public interest and is:

A A reasonable and narrowly tailored means of promoting the public interest

B Rationally related to the public interest

C The only means of promoting the public interest

Answer 1

A

If state legislation substantially impairs a party’s rights under an existing contract, it will be valid only if it serves an important and legitimate public interest and is a reasonable and narrowly tailored means of promoting the public interest. A rational relationship test is not correct because it is not strict enough in analyzing a Contract Clause case. The only means of promoting the public interest is not correct because it is too strict when analyzing a Contract Clause case. QUESTION ID: L0120C Additional Learning

Question 2

A An intentional deprivation of life, liberty, or property requires fair procedures and an unbiased decision maker. Whether an individual is entitled to notice, a hearing, or some other fairness consideration depends on the circumstances of the particular deprivation.
Which of the following is not a factor a court will consider in determining the type of procedural due process that is required?

A The value of specific procedural safeguards of the individual’s interest.

B The opportunity for the individual to be represented by counsel.

C The government’s interest in fiscal and administrative efficiency.

D The importance of the individual’s interest that is involved.

Answer 2

B

The opportunity for the individual to be represented by counsel is not something the courts consider in determining what type of procedure is required. There is no across-the-board right to counsel under the Constitution in any event. The level of due process that is required depends on the circumstances surrounding the deprivation of the interest. The courts consider the factors raised in the remainder of the choices: (i) The importance of the individual’s interest that is involved, (ii) The value of specific procedural safeguards of the individual’s interest, and (iii) The government’s interest in fiscal and administrative efficiency. Normally, the person whose interest is being deprived should also receive notice of the government’s action and have an opportunity to respond before termination of the interest. However, the court may allow a post-termination hearing in situations where a pre-termination hearing is highly impracticable. QUESTION ID: L0127 Additional Learning

Question 3

The Fourteenth Amendment protects against deprivation of due process and equal protection by:

A States

B Federal and state governments

C Governments and private individuals

D The federal government

Answer 3

A

The Fourteenth Amendment protects against deprivation of due process and equal protection by states. The Fourteenth Amendment does not protect against deprivation of due process and equal protection by the federal government. Thus, the two choices indicating that it does are incorrect. The Fourteenth Amendment also does not protect against deprivation of due process and equal protection by private individuals. Thus, the choice that indicates that it does is incorrect for that reason as well. QUESTION ID: L0115B Additional Learning

Question 4

Which of the following apply to the states through the Due Process Clause of the Fourteenth Amendment?

A The rights guaranteed by the Fourth, Sixth, and Seventh Amendments

B The rights guaranteed by the First, Sixth, and Seventh Amendments

C The rights guaranteed by the First, Fourth, and Sixth Amendments

Answer 4

C

The rights guaranteed by the First Amendment; the freedom from unreasonable search and seizure, provided in the Fourth Amendment; and the right to a speedy and public trial by impartial jury, provided in the Sixth Amendment are correct because each has been incorporated into the Due Process Clause of the Fourteenth Amendment. The right to a jury trial in civil cases, provided in the Seventh Amendment is not applicable to the states via the Fourteenth Amendment. The Supreme Court has held that only the rights “essential to liberty” are applicable to the states through the Due Process Clause of the Fourteenth Amendment and the right to a jury in a civil trial has not been held to be of such weight. QUESTION ID: L0113A Additional Learning

Question 5

The Fifteenth Amendment __________.

A requires individuals and groups to be afforded equal protection

B prohibits the government from denying the right to vote to any citizen on the basis of race

C prohibits racial discrimination by private persons in those activities that are connected with interstate commerce

D prohibits “badges and incidents of slavery”

Answer 5

B

The Fifteenth Amendment prohibits the government from denying the right to vote to any citizen on the basis of race. It limits the actions of both state and federal government. “Prohibits racial discrimination by private persons in those activities that are connected with interstate commerce” is incorrect. This answer choice refers to the limitations placed on the government by the Commerce Clause. “Prohibits ‘badges and incidents of slavery’” is incorrect. This answer choice refers to limitations placed on both the government and private individuals by the Thirteenth Amendment. “Requires individuals and groups to be afforded equal protection” is incorrect. This answer choice refers to the Equal Protection Clause of the Fourteenth Amendment. QUESTION ID: L0117 Additional Learning

Question 6

Under the Due Process Clause, on which of the following is the court most likely to focus in determining whether a person has a property interest in continuation of a government benefit?

A Whether the person has a right to, rather than a privilege in, the benefit

B Whether the person has a legitimate claim or entitlement to the benefit

C Whether the person has a unilateral expectancy in the benefit

Question 7

What is an ex post facto law?

A A law that retroactively changes the criminal law in a way that deprives an individual of a substantial right he previously had, for a punitive purpose

B A law that punishes an individual who is identified either by name or in terms of past conduct without a judicial trial

C A law that imposes a mandatory life sentence for the commission of three felonies

Answer 7

A

An ex post facto law is a law that retroactively alters the criminal law in a substantially prejudicial manner so as to deprive an individual of a right he previously had, for the purpose of punishing him. Such laws are prohibited. A law that imposes a mandatory life sentence for the commission of three felonies is a recidivist statute. A law that punishes an individual who is identified either by name or in terms of past conduct, without a judicial trial is a bill of attainder. Like ex post facto laws, bills of attainder are constitutionally prohibited. QUESTION ID: L0121B Additional Learning

Question 8

One of the safeguards applicable to the states through the Fourteenth Amendment Due Process Clause is:

A The freedom from unreasonable search and seizure, provided in the Fourth Amendment

B The right to a grand jury indictment in criminal cases, provided by the Fifth Amendment
Incorrect

C The prohibition against quartering troops in a person’s home, provided in the Third Amendment.

D The right to a jury trial in civil cases, provided in the Seventh Amendment

Answer 8

A

The freedom from unreasonable search and seizure, provided in the Fourth Amendment, has been incorporated into the Due Process Clause of the Fourteenth Amendment and, thus, applies to the states. The right to a grand jury indictment in criminal cases, provided by the Fifth Amendment; the right to a jury trial in civil cases, provided in the Seventh Amendment; and the prohibition against quartering troops in persons’ homes, provided in the Third Amendment are NOT applicable to the states via the Fourteenth Amendment. The Supreme Court has held that only the rights “essential to liberty” are applicable to the states through the Due Process Clause of the Fourteenth Amendment, and these rights have not been held to be of such weight. QUESTION ID: L0113B Additional Learning

Question 9

Generally, the Constitution prohibits only government infringement of constitutional rights. However, in certain circumstances, private action will be attributed to the states.
An activity performed by a private individual or entity will not be considered to be state action merely because the __________.

A government is significantly involved in the activity

B activity is an exclusive and traditional public function

C activities of the state and the individual or entity are greatly intertwined

D activities are heavily regulated by the state

Answer 9

D

Private activities will not be attributed to the state merely because the activities are heavily regulated by the state. State action will be found when a private actor takes on traditional and exclusive government action, such as running a company town or an election, or when the state is significantly involved in the private action. Mere heavy regulation of a type of business is not a reason to attribute private action to the state. Undertaking an activity that is an exclusive and traditional public function IS a reason for finding state action, as discussed above. An activity that is a traditional and exclusive public function will be considered state action. Also as discussed above, if the activities of the state and the individual or entity are greatly intertwined, state action will be found. The classic example here is a public high school football association made up of public officials, who meet during work hours and control gate receipts and game conditions. Situations in which the government is significantly involved in private activity can constitute state action. If the government affirmatively facilitates or authorizes discriminatory conduct by private individuals, state action will be found. QUESTION ID: L0118 Additional Learning

Question 10

What is a bill of attainder?

A A law that makes criminal conduct that was innocent when done

B A law that imposes punishment without a judicial trial on a person or persons who are specifically named or are identified by their past conduct

C A law that retroactively changes the criminal law to deprive a person of a substantial right she previously had, for a punitive purpose

Answer 10

B

A bill of attainder is a law that imposes punishment without a judicial trial on a person or persons who are specifically named or are identified by their past conduct. It is unconstitutional because trial and punishment must be by judicial action, and punishment may not be retroactively targeted to a single individual for past conduct. A law that retroactively changes the criminal law in a way that deprives an individual, for purposes of punishment, of a right the individual previously had is an ex post facto law. Such laws are prohibited. A law that makes criminal conduct that was innocent when done is an example of an ex post facto law. QUESTION ID: L0123B Additional Learning

Question 11

Because the Constitution generally prohibits only governmental infringements of individual rights, “state action” generally must be found to hold a particular deprivation of rights unconstitutional.
In which of the following situations will purportedly private action be given state action status?

A Where a state has granted a monopoly to a business

B Where a state provides essential services to a private entity

C Where the activities of a state and a private entity are greatly intertwined

D Where a state heavily regulates a business

Answer 11

C

State action will be found where the activities of the state and the entity are greatly intertwined. A private activity can also be attributed to the state if the government is otherwise significantly involved in the activity or the activity is an exclusive and traditional public function. Private activities will not be attributed to the state merely because a business is heavily regulated by the state, the state provides essential services to a private entity, or the state has granted a monopoly to a business. QUESTION ID: L0118A Additional Learning

Question 12

The __________ places limitations on state legislation that retroactively impairs contract rights.

A Bill of Attainder Clause

B Contracts Clause

C Ex Post Facto Clause

Answer 12

B

The Contract Clause places limits on state legislation that retroactively impairs contract rights. The Ex Post Facto Clause prohibits laws that retroactively change the criminal law in such a substantially prejudicial way that an individual is deprived of a right he previously had, for a punitive purpose. A bill of attainder is a legislative act that punishes an individual, who is identified either by name or in terms of past conduct, without a judicial trial. Like ex post facto laws, bills of attainder are constitutionally prohibited. QUESTION ID: L0119B Additional Learning

Question 13

The following are prohibited under the Ex Post Facto Clause except:

A A law requiring less evidence to convict a person of a crime than that required at the time the act was allegedly committed

B A law prescribing greater punishment for an act than was prescribed for the act when it was committed

C A law making an act criminal that was not criminal when done

DA procedural change making it less likely that the death sentence will be imposed

Answer 13

D

A procedural change making it less likely that a death sentence will be imposed is unlikely to trigger the Ex Post Facto Clause. The Ex Post Facto Clause prohibits legislation that retroactively alters the criminal law in a substantially prejudicial manner so as to deprive a person of any right previously enjoyed for the purpose of punishing the person for some past activity. Mere procedural changes in state law will not trigger the Ex Post Facto Clause if the defendant had notice of the possible penalty and the modified law does not increase the burden on the defendant. A procedural change that makes it less likely that a death penalty will be imposed does not change the penalty for the worse, so it is unlikely to trigger Ex Post Facto Clause protections. A law making an act criminal that was not criminal when done is the type of law that the Ex Post Facto Clause seeks to prohibit. It alters the criminal law in a substantially prejudicial manner so as to deprive a person of any right previously enjoyed for the purpose of punishing the person for some past activity. A law prescribing greater punishment for an act than was prescribed for the act when it was committed also is within the purview of the Ex Post Facto Clause under the above definition, as is a law requiring less evidence to convict a person of a crime than that required at the time that the act was allegedly committed. QUESTION ID: L0122A Additional Learning

Question 14

Which of the following will most likely be found to be a taking of property under the Fifth Amendment?

A An ordinance requiring destruction of all trees infested with the fast spreading emerald ash borer

B An ordinance prohibiting the construction of apartment buildings taller than four stories

C An ordinance requiring apartment building owners to allow cable companies to run cable through the owners’ apartment buildings

Answer 14

C

An ordinance requiring apartment building owners to allow cable companies to run cable through the owners’ apartment buildings is likely to be found to be a taking because a government regulation that authorizes actual appropriation or physical invasion of private property generally is a taking. While cable lines do not take up much space in the buildings, the ordinance orders building owners to turn over that space. Thus, it constitutes a taking. An ordinance requiring destruction of all trees infested with the fast spreading emerald ash borer likely would not be found to be a taking. Although a physical appropriation, destruction, or invasion of private property by the government generally will be found to be a taking, this is not so where the destruction is in response to an emergency. Stopping the spread of a tree infestation probably would constitute such an emergency. An ordinance prohibiting the construction of apartment buildings taller than four stories will not likely be found to constitute a taking. Government regulation that results in a decrease to the economic value of private property is not a taking. As long as a potential economic use for the property remains in spite of the regulation, the mere decrease in the value (e.g., from not being able to build tall apartment buildings) of the property does not amount to a taking. QUESTION ID: L0128B Additional Learning

Question 15

The Fifteenth Amendment prohibits the __________ from denying the right to vote to any citizen on the basis of race.

A States and the United States government

B States and private individuals

C States, United States government, and private individuals

Answer 15

A

The Fifteenth Amendment prohibits states and the United States government from denying the right to vote to any citizen on the basis of race or color. The Fifteenth Amendment does not apply to conduct of private individuals. By its terms, it applies only to the United States and the states. Both answers that indicate the Fifteenth Amendment is applicable to private individuals are, therefore, incorrect. QUESTION ID: L0117B Additional Learning

Question 16

The first 10 Amendments to the U.S. Constitution, the Bill of Rights, limit the power of the federal government. Although the Bill of Rights does not apply to the states according to its own terms, much of its protections—those that are considered essential to liberty—apply to the states by virtue of the Due Process Clause of the Fourteenth Amendment.
Which of the following safeguards in the Bill of Rights is not applicable to the states through the Fourteenth Amendment Due Process Clause?

A The right to a speedy and public trial by an impartial jury, provided in the Sixth Amendment.

B The rights guaranteed by the First Amendment.

C The freedom from unreasonable search and seizure, provided in
the Fourth Amendment.

D The right to a jury trial in civil cases, provided in the Seventh Amendment.

Answer 16

D

The right to a jury trial in civil cases, provided in the Seventh Amendment is not applicable to the states via the Fourteenth Amendment. The Supreme Court has held that only the rights “essential to liberty” are applicable to the states through the Due Process Clause of the Fourteenth Amendment and the right to a jury in a civil trial has not been held to be of such weight. The rights guaranteed by the First Amendment, the freedom from unreasonable search and seizure, provided in the Fourth Amendment, and the right to a speedy and public trial by impartial jury, provided in the Sixth Amendment, all are incorrect answer choices because each has been incorporated into the Due Process Clause of the Fourteenth Amendment. QUESTION ID: L0113 Additional Learning

Question 17

Which of the following is most likely a violation of the Ex Post Facto Clause?

A A procedural change making it less likely that the death sentence will be imposed

B A newly enacted civil law requiring all sex offenders to register with the state and subjecting them to public disclosure of their status

C A law requiring less evidence to convict a person of a crime than that required at the time the act was allegedly committed

Answer 17

C

A law requiring less evidence to convict a person of a crime than that required at the time that the act was allegedly committed most likely is a violation of the Ex Post Facto Clause. The Ex Post Facto Clause prohibits legislation that retroactively alters the criminal law in a substantially prejudicial manner so as to deprive a person of any right previously enjoyed for the purpose of punishing the person for some past activity. Requiring less activity to convict has been held to prejudicially alter the criminal law. A procedural change making it less likely that a death sentence will be imposed is unlikely to trigger the Ex Post Facto Clause. Mere procedural changes in state law will not trigger the Ex Post Facto Clause if the defendant had notice of the possible penalty and the modified law does not increase the burden on the defendant. A procedural change that makes it less likely that a death penalty will be imposed does not change the penalty for the worse, so it is unlikely to trigger Ex Post Facto Clause protections. A newly enacted civil law requiring all sex offenders to register with the state and subjecting them to public disclosure of their status is unlikely to trigger the Ex Post Facto Clause. The Ex Post Facto Clause generally applies only to criminal matters, and a civil registration requirement such as the one mentioned here has been held to be civil in nature (rather than punishment) because its primary purpose is not to punish but rather to protect the public from possible repeat offenders. QUESTION ID: L0122B Additional Learning

Question 18

Which of the following statements is correct with regard to the scope of the Thirteenth Amendment’s prohibition against slavery and involuntary servitude?

A The prohibition can be applied to private action as well as state action

B The prohibition can be applied to state action only

C The prohibition can be applied to private action only

Answer 18

A

The Thirteenth Amendment’s prohibition against slavery and involuntary servitude can be applied to private action as well as state action. The Thirteenth Amendment provides that neither slavery nor involuntary servitude shall exist in the United States. The Amendment has no language limiting it to state action (e.g., it does not begin with the phrase, “No state shall . . .”), so its enabling clause has been held to empower Congress to prohibit all acts that are considered “badges of slavery.” QUESTION ID: L0114A Additional Learning

Question 19

Which of the following is not considered a deprivation of liberty under the Due Process Clauses?

A A government act that causes an injury to an individual’s reputation without a tangible loss.

B A denial of rights granted by state or federal legislation.
Incorrect

C A loss of the freedom to engage in the exercise of fundamental rights.

D A loss of significant freedom of action.

Answer 19

A

A government act that causes an injury to an individual’s reputation without a tangible loss is not considered a deprivation of liberty under the Due Process Clauses. The term “liberty” includes more than just freedom from bodily restraints. A deprivation of liberty occurs if a person (i) loses significant freedom of action; or (ii) is denied a freedom provided by the Constitution or a statute. Damage to one’s reputation generally does not involve a loss of significant freedom of action or of a freedom provided by law. Therefore, it generally does not constitute a deprivation of liberty. (However, it can, if the damage is so severe that employment or associational opportunities are lost, but that is not the case here.) A loss of significant freedom of action is squarely within the definition of a loss of liberty set out above. Therefore, this is an incorrect choice. Similarly, a denial of rights granted by state or federal legislation, and a loss of freedom to engage in the exercise of fundamental rights, also are squarely within the above definition. Therefore, these too are incorrect choices. QUESTION ID: L0125 Additional Learning

Question 20

Under the Fifth Amendment, the government may not take private property for public use without just compensation. This limitation on the government’s power is made applicable to the states through the Fourteenth Amendment.
In which of the following circumstances will a taking be found under the Fifth Amendment?

A A government regulation authorizes permanent use of private property by the general public.

B The government responds to an emergency situation, and private property is destroyed as a result.

C A government regulation results in the denial of all economic value of private property on a temporary basis.

D A government zoning regulation results in a decrease to the economic value of private property.

Answer 20

A

A government regulation that authorizes permanent use of private property by the general public is an example of a taking. A physical appropriation, destruction, or invasion by the government itself are not the only ways to achieve a taking. If the government action results in the property being appropriated or invaded by someone else, a taking has occurred. A government zoning regulation that results in a decrease to the economic value of private property is not a taking. As long as a potential economic use for the property remains in spite of the regulation, the mere decrease in the value of the property does not amount to a taking. If the government responds to an emergency situation, and private property is destroyed as a result, there is no taking. Such results usually are due to necessity, and so a court is less likely to consider emergency circumstances as amounting to a taking for public use. A government regulation that results in the denial of all economic value of private property on a temporary basis is not necessarily a taking. A court should look at all of the circumstances, especially the length of the denial of all economic value and the effect the denial has on the value of the property; however, the denial is not a taking per se when it is not a permanent deprivation of property. QUESTION ID: L0128 Additional Learning

Question 21

For due process purposes, a person will be deemed to have a property interest in continuation of a government benefit if the person has __________.

A a unilateral expectancy in the benefit

B an investment-backed expectation with regard to the benefit

C a right to, rather than privilege in, the benefit

D a legitimate claim or entitlement to the benefit

Answer 21

D

Due Process claims can be based on legitimate claims or entitlements to property. The term property is broader here than personal belongings, realty, chattels, and the like. But an abstract need or desire or a unilateral expectation of the benefit is not enough. There must be a legitimate claim or entitlement to the benefit based on state or federal law or policy. For example, a government employee who may be fired only for cause has a legitimate claim to continued employment and thus has a property interest in her job, while an at-will employee has, at best, a unilateral expectancy of continued employment and no property interest. “A right to, rather than privilege in, the benefit” is incorrect. It describes how the courts formerly differentiated between protected property interests (rights) and unprotected interests (privileges). These terms are no longer used by the courts for these purposes. The term investment-backed expectations is somewhat relevant to property interests, as it is sometimes a factor considered in determining whether there has been a governmental taking of private property under the Fifth Amendment. However, it generally is not considered in deciding whether a person has a property interest in continuation of a government benefit. As discussed above, a unilateral expectancy does not give rise to a sufficient property interest; there must be a legitimate claim or entitlement under law or policy rather than a mere expectancy. QUESTION ID: L0126 Additional Learning

Question 22

Which of the following is not considered a taking under the Fifth Amendment?

A A government regulation that results in the denial of all economic value of private property

B A government regulation that authorizes permanent use of private property by the general public

C A government response to an emergency situation that results in the destruction of private property

Answer 22

C

Government response to an emergency situation that results in the destruction of private property is not a taking. Such results usually are due to necessity, and so a court is less likely to consider emergency circumstances as amounting to a taking for public use.A government regulation that results in the denial of all economic value of private property is an example of a taking. If a government regulation or zoning ordinance denies a person of all economic use of his private property, it is equivalent to a physical appropriation and thus is a taking. On the other hand, if a potential economic use for the property remains in spite of the regulation, the mere decrease in the value of the property does not amount to a taking. A government regulation that authorizes permanent use of private property by the general public is also a taking. A physical appropriation, destruction, or invasion by the government itself are not the only ways to achieve a taking. If the government action results in the property being appropriated or invaded by someone else, a taking has occurred. QUESTION ID: L0128A Additional Learning

Question 23

Which of the following is least likely to be prohibited under the Ex Post Facto Clause?

A A law that makes criminal an act that was not criminal when done.
Incorrect

B Reduces the evidence required to convict a person of a crime from what was required at the time that the act was allegedly committed.

C A change in the procedure that makes it less likely that a death sentence will be imposed.

D A law that prescribes greater punishment for an act than was prescribed for the act when it was committed.

Answer 23

C

A change in the procedure that makes it less likely that a death sentence will be imposed is the least likely of the choices to trigger the Ex Post Facto Clause. The Ex Post Facto Clause prohibits legislation that retroactively alters the criminal law in a substantially prejudicial manner so as to deprive a person of any right previously enjoyed for the purpose of punishing the person for some past activity. Mere procedural changes in state law will not trigger the Ex Post Facto Clause if the defendant had notice of the possible penalty and the modified law does not increase the burden on the defendant. A procedural change that makes it less likely that a death penalty will be imposed does not change the penalty for the worse, so it is unlikely to trigger Ex Post Facto Clause protections. A law that makes criminal an act that was not criminal when done is squarely the type of law that the Ex Post Facto Clause seeks to prohibit. It alters the criminal law in a substantially prejudicial manner so as to deprive a person of any right previously enjoyed for the purpose of punishing the person for some past activity. A law that prescribes greater punishment for an act than was prescribed for the act when it was committed also is squarely within the purview of the Ex Post Facto Clause under the above definition, as is a law that reduces the evidence required to convict a person of a crime from what was required at the time that the act was allegedly committed. QUESTION ID: L0122 Additional Learning

Question 24

Under the Due Process Clause, the following government acts are considered deprivations of liberty except:

A Defamation without a tangible loss

B Loss of a freedom provided by the Constitution

C Denial of the right to engage in gainful employment

D Denial of the right to vote

Answer 24

A

A government act that causes defamation without a tangible loss is not considered a deprivation of liberty under the Due Process Clauses. The term “liberty” includes more than just freedom from bodily restraints. A deprivation of liberty occurs if a person (i) loses significant freedom of action; or (ii) is denied a freedom provided by the Constitution or a statute. Damage to one’s reputation generally does not involve a loss of significant freedom of action or of a freedom provided by law. Therefore, it generally does not constitute a deprivation of liberty. (However, it can, if the damage is so severe that employment or associational opportunities are lost.)Government acts that cause denial of the right to engage in gainful employment, loss of a freedom provided by the Constitution, or denial of the right to vote are within the definition of deprivation of liberty under the Due Process Clause. QUESTION ID: L0125A Additional Learning

Question 25

A statute or ordinance that retroactively changes the criminal law in a way that deprives an individual of a substantial right he previously had, for a punitive purpose, is __________.

A a pari delicto law

B an ex post facto law

C an ipso facto law

D a bill of attainder

Answer 25

B

An ex post facto law is a statute or ordinance that retroactively changes the criminal law in such a substantially prejudicial way that an individual is deprived of a right he previously had, for a punitive purpose. Such laws are prohibited. A bill of attainder is a legislative act that punishes an individual, who is identified either by name or in terms of past conduct, without a judicial trial. Like ex post facto laws, bills of attainder are constitutionally prohibited. Ipso facto is a Latin term that means “the fact itself.” It usually is used to describe a situation when a fact itself has some legal consequence or effect. It is not the term defined in the question. Pari delicto also is a Latin term. It simply means “equal fault.” It often is used in contracts, criminal law, and equity as a description of a defense—where parties are of equal fault one should not be given a remedy against the other. As with ipso facto, it is not the term defined in the question. QUESTION ID: L0121 Additional Learning

Question 26

When the government takes private property for public use, damages usually are measured by:

A The value that the taken property would have had at the time of the taking if it had been zoned for its highest and best use

B The fair market value of the property at the time of the taking less any increase in value to the former owner’s remaining property arising from the use to which the government put the taken property

C The gain the taker receives at the time of the taking

D The fair market value of the property at the time of the taking

Answer 26

D

The measure of damages for just compensation is the fair market value of the property at the time of the taking because this measure represents the loss the owner suffered. The gain the taker receives at the time of the taking is not the correct measure; the courts focus on the owner’s loss rather than the taker’s gain. The value that the taken property would have had at the time of the taking if it had been zoned for its highest and best use is not the correct measure. The courts look to the value the property actually had at the time of the taking and not at what the property could have been worth if it were zoned differently. In determining damages for a taking, a court will not consider any increase in value to the former owner’s remaining property arising from the use to which the government put the taken property. The courts look to the value taken. It would be unfair to offset the owner’s loss against any such gains because other nearby property owners also would have an increase in property value without bearing the weight of having their property taken. QUESTION ID: L0129A Additional Learning

Question 27

An ex post facto law:

A Punishes an individual who is identified either by name or in terms of past conduct without a judicial trial

B Imposes a mandatory life sentence for the commission of three felonies

C Retroactively changes the criminal law in a way that deprives an individual of a substantial right he previously had, for a punitive purpose

Answer 27

C

An ex post facto law is legislation that retroactively alters the criminal law in a substantially prejudicial manner so as to deprive an individual of a right he previously had, for the purpose of punishing him. Such laws are prohibited. A law that imposes a mandatory life sentence for the commission of three felonies is a recidivist statute. A law that punishes an individual who is identified either by name or in terms of past conduct without a judicial trial is a bill of attainder. Like ex post facto laws, bills of attainder are constitutionally prohibited. QUESTION ID: L0121A Additional Learning

Question 28

When the government takes private property for public use usually:

A Just compensation must be paid to the former owner

B Nominal damages must be paid to the former owner if the property taken was worthless to the former owner

C The owner is entitled to be paid compensation measured by the gain to the government

Answer 28

A

When the government takes private property for public use usually just compensation must be paid to the former owner. Just compensation usually is measured by the loss to the former owner as measured by the fair market value of the property taken at the time of the taking. When the government takes private property for public use usually, nominal damages are NOT paid to the former owner if the property taken was worthless to the former owner. As indicated above, the owner is due just compensation as measured by the fair market value of the property taken at the time of the taking. If the property taken was worthless to the owner, no compensation is due. Just compensation is NOT measured by the gain to the government; rather, as explained above, it is measured by the loss to the former owner. QUESTION ID: L0129B Additional Learning

Question 29

The Contract Clause applies only to __________.

A State legislation

B Private parties’ agreements

C Federal legislation

D Court rulings

Answer 29

A

The Contract Clause applies only to state legislation. It prohibits a state from passing legislation that retroactively impairs contract rights. There is no comparable clause applicable to federal legislation. However, a flagrant interference with existing contract rights by a federal law could violate the Due Process Clause of the Fifth Amendment. The Contracts Clause does not apply to private parties’ agreements; it applies to state regulation of private and public contracts. QUESTION ID: L0119A Additional Learning

Question 30

Which of the following statements regarding the Fifteenth Amendment is correct?

A The Fifteenth Amendment prohibits the states, the federal government, and private individuals from denying the right to vote to any citizen on the basis of race

B The Fifteenth Amendment prohibits states and private individuals from denying the right to vote to any citizen on the basis of race

C The Fifteenth Amendment prohibits the states and the federal government from denying the right to vote to any citizen on the basis of race, but generally it is inapplicable to private conduct

Answer 30

C

The Fifteenth Amendment prohibits states and the federal government from denying the right to vote to any citizen on the basis of race or color. The Fifteenth Amendment does not apply to conduct of private individuals. By its terms, it applies only to the United States and the states. Both answers that indicate the Fifteenth Amendment is applicable to private individuals are, therefore, incorrect. QUESTION ID: L0117A Additional Learning

Question 31

To find an action unconstitutional, it is generally necessary to attribute that action to the state.
Business activities may be attributed to the state if __________.

A The government affirmatively facilitates the activities

B The activities are heavily regulated by the state

C The state has granted a monopoly to the business

D The state has granted a license to the business

Answer 31

A

Business activities may be attributed to the state if the government affirmatively facilitates the activities (e.g., court enforcement of a race-based restrictive covenant). State action may also be found if the activities of the state and the business are greatly intertwined or if the activity is an exclusive and traditional public function. Business activities will not be attributed to the state merely because the activities are heavily regulated by the state, the state has granted a monopoly to the business, or the state has granted a license to the business. QUESTION ID: L0118B Additional Learning

Question 32

The following are factors a court will consider in determining the type of procedures required under the Due Process Clause except:

A The value of specific procedural safeguards of the person’s interest

B The government’s interest in fiscal and administrative efficiency

C The opportunity for the person to be represented by counsel

D The importance of the person’s interest that is involved

Answer 32

C

The opportunity for the person to be represented by counsel is not a factor the courts consider in determining what type of procedure is required. There is no across-the-board right to counsel under the Constitution in any event. The level of process that is due depends on the circumstances surrounding the deprivation of the interest. The courts do consider the factors raised in the remainder of the choices: (i) The importance of the individual’s interest that is involved, (ii) The value of specific procedural safeguards of the individual’s interest, and (iii) The government’s interest in fiscal and administrative efficiency. QUESTION ID: L0127A Additional Learning

Question 33

A legislative act that imposes punishment without a judicial trial, on one or more individuals who either are specifically named or are identified by their past conduct, is called __________.

A an ex post facto law

B a bill of attainder

C an a fortiori law

D an a priori law

Answer 33

B

A bill of attainder is a legislative act that imposes a punishment, criminal or otherwise, without a judicial trial, on one or more individuals who either are specifically named or are identified by their past conduct. Trial and punishment must be by judicial action, and punishment may not be retroactively targeted to a single individual for past conduct. An ex post facto law refers to a law that retroactively changes the criminal law in a way that deprives an individual, for purposes of punishment, of a right the individual previously enjoyed. A priori is a Latin phrase meaning “from what was before.” While its definition may be apropos, it is not used as a name for the type of legislation described in the question. A fortiori also is a Latin term, often used in legal arguments. It means “with yet stronger reason.” It is not a name used for the type of legislation described in the question. QUESTION ID: L0123 Additional Learning

Question 34

The following are factors in determining whether legislation is valid under the Contract Clause, except:

A The legislation substantially impairs a party’s rights under an existing contract

B The legislation has a rational relationship to a reasonable public interest

C The legislation serves an important and legitimate public interest

D The legislation is a reasonable and narrowly tailored means of promoting the public interest

Answer 34

B

Whether the legislation has a rational relationship to a reasonable public interest is not a factor in determining whether legislation is valid under the Contract Clause. A rational relationship test is not strict enough in analyzing a Contract Clause case. Whether the legislation (i) substantially impairs a party’s rights under an existing contract, (ii) serves an important and legitimate public interest, and (iii) is a reasonable and narrowly tailored means of promoting the public interest are factors courts will consider in determining whether legislation is valid under the Contract Clause. QUESTION ID: L0120B Additional Learning

Question 35

The Fourteenth Amendment prohibits __________ from depriving any person of life, liberty, or property without due process and equal protection of the law.

A the federal government

B federal and state governments

C everybody

D states

Answer 35

D

States are prohibited by the Fourteenth Amendment from depriving any person of life, liberty, or property without due process and equal protection of the law. The Fourteenth Amendment does not apply to the federal government. Thus, the two choices indicating that it does are incorrect. Neither does the Fourteenth Amendment apply to private persons unless their action can be attributed to the states. Thus, the choice that indicates that it applies to everybody also is incorrect. QUESTION ID: L0115 Additional Learning

Question 36

Which of the following situations is most likely to raise a procedural due process concern?

A Negligent inaction by a state agency that results in injury to an individual.

B A state agency firing an at-will employee.

C State legislation that affects the rights of the general population.

D A judge has an interest in the case before her that causes a serious risk of bias.

Answer 36

D

If a judge has an interest in a case before her that causes a serious risk of bias, or actual bias, a procedural due process concern arises. The Due Process Clauses of the Fifth Amendment (applicable to the federal government) and the Fourteenth Amendment (applicable to the states) provide that the government shall not take a person’s life, liberty, or property without due process of law. Due process contemplates fair process/procedure, which requires at least an opportunity to present objections to the proposed action to a fair, neutral decisionmaker (not necessarily a judge). If a judge has an interest in a case that causes a severe risk of bias, or actual bias, the procedure is not fair and the Due Process Clause is violated. State legislation that affects the rights of the general population will not ordinarily give rise to a procedural due process concern. It is only a particular deprivation of an individual’s life, liberty, or property that triggers procedural due process concerns. An action that affects the population in a general manner does not trigger such a concern, even if an individual happens to be burdened as a result of the action. Negligent inaction by a state agency that results in injury to an individual also would not likely give rise to a procedural due process violation claim. It is only an intentional deprivation of life, liberty, or property that gives rise to procedural due process issues. Negligent inaction is not a sufficient basis. A state agency’s firing of an at-will employee also does not give rise to procedural due process concerns. A person must have a life, liberty, or property interest at stake. An at-will employee has no legitimate interest in continued employment and so does not have a life, liberty, or property interest at stake. QUESTION ID: L0124 Additional Learning

Question 37

A bill of attainder is:

A A statute or ordinance that retroactively changes the criminal law in a way that deprives an individual of a substantial right he previously had, for a punitive purpose

B A legislative act that prescribes greater punishment for an act than was prescribed for the act when it was committed

C A legislative act that imposes punishment without a judicial trial on one or more individuals who are specifically named or are identified by their past conduct

D A statute that imposes a mandatory life sentence for the commission of three felonies

Answer 37

C

A bill of attainder is a legislative act that imposes punishment without a judicial trial on one or more individuals who are specifically named or are identified by their past conduct. It is unconstitutional because trial and punishment must be by judicial action, and punishment may not be retroactively targeted to a single individual for past conduct. A statute that imposes a mandatory life sentence for the commission of three felonies is a recidivist statute. A statute or ordinance that retroactively changes the criminal law in a way that deprives an individual, for purposes of punishment, of a right the individual previously had is an ex post facto law. Such laws are prohibited. A legislative act that prescribes greater punishment for an act than was prescribed for the act when it was committed is an example of an ex post facto law. QUESTION ID: L0123A Additional Learning