MBE Questions Flashcards
To improve the quality of rental housing within its boundaries, a city proposed an ordinance requiring all new and existing rental housing units to provide at least one full bathroom for each bedroom, plumbing and electrical hookups for a washer and dryer, and a covered parking space.
A majority of the owners of existing rental housing in the city opposed the ordinance. They argued that it would dramatically decrease the number of low-income rental housing units because owners would be unable to raise rents enough to recoup the investment required to comply. Without denying these contentions, the city enacted the ordinance. A plaintiff who owns low-income rental housing has sued the city, claiming only that the ordinance is unconstitutional on its face.
Which of the following best states the burden of persuasion in this action?
The claim underlying the challenge here must be that the ordinance discriminates against poor people. Under the Equal Protection Clause, the burden of persuasion depends on the basis of the classification and the nature of the right involved. If the basis of the classification is suspect or a fundamental right is involved, strict scrutiny applies and the government must prove its action is necessary to achieve a compelling interest. But if no fundamental right is involved, and the classification is not suspect or quasi-suspect (that is, based on sex or legitimacy), the person challenging the government action must prove that it is not rationally related to achieving a legitimate government interest. Here, the classification appears to affect people on the basis of wealth, which is not a suspect or quasi-suspect classification, and it affects the ability to obtain housing, which is not a fundamental right. Therefore, the rational basis test applies.
A state statute provides: “Any merchant desiring to sell within this state any product or goods manufactured outside of the United States must (i) obtain a special license from the state for $50 and (ii) clearly mark the goods as to specify their country of origin.” The statute makes it a misdemeanor for any merchant to willfully sell goods without complying with these statutory requirements.
Which of the following statements is correct regarding the constitutionality of the statute?
this is unconstitutional because Congress retains the plenary power to regulate foreign commerce
A public school teacher was hired without a written contract. The school district handbook provides that all newly hired employees are at-will employees for their first year of service and may be dismissed for any reason or without reason. Six months after being hired, the teacher was dismissed without any prior notice or a hearing.
Which of the following, if true, most strongly supports the teacher’s argument that she should have been afforded notice and a hearing before dismissal?
The Supreme Court has held that a government employee will have a property interest in continued employment only if the employee has a legitimate claim to (as opposed to a mere expectancy of) continued employment. To have such a claim, there must be a contract, clear practice, mutual understanding, etc., that the employee can be terminated only for cause. If someone in a position of authority promised that the teacher could be dismissed only for cause and the teacher relied on this promise by moving, a case can be made that the teacher had a legitimate claim to continued employment despite the employee handbook
