Bar Exam Questions with Correct
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Thr ee Steps of an Equ al Pr otection Qu estion - ANS ✓-What is
the classification?
-W hat level of scr utin y shou ld be applied?
- Does the law m eet the level of scr u tin y?
Existen ce of a r acial classifi cation - ANS ✓- the classification exists
on the face of the law
-if the law is r ace-neu tr al on its face, then pr ovin g a r acial
classifi cation r equ ir es dem onstr atin g both discr im in ator y
im pact an d discr im in ator y in ten t
Racial Classifi cation s B en efi ttin g Min or ities - ANS ✓Numerical
set-asides require clear proof that it will remedy past discrimination
Gen der Classifi cation s - ANS ✓Intermediate scrutiny is used for sex-
based discrimination and discrimination based on gender can only be
allowed only if there is an exceedingly persuasive justification.
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***if the law is facially gen der -neu tr al, pr ovin g a gen der
classifi cation r equ ir es dem onstr atin g both discr im in ator y
im pact an d inten t***
Gen der Classifi cation B en efi ttin g W om en - ANS ✓Intermediate
scrutiny is used. Gender classifications benefitting women that are based
on role stereotypes will not be allowed.
-gen der classifi cation s ben efi tin g w om en that ar e design ed to
r em edy past discr im in ation or in diff er en ces in oppor tun ity
w ill be allow ed
discr im in ation again st non -m ar ital childr en - ANS
✓intermediate scrutiny is used when so-called "legitimate
classifications" are involved.
Takin gs (2 types) - ANS ✓Possessory Taking - government
confiscation or physical occupation of property is always a taking. Also
includes gov't action that significantly damages property or impairs its
use
Regu lator y Takin g - Gov't r egu lation is a takin g if it leaves n o
r eason able econ om ically viable u se of the pr oper ty
***gov't con dition s on the developm en t of pr oper ty m u st be
ju stifi ed by a ben efi t that is r ou ghly pr opor tion ate to the
bu r den im posed; other w ise it is a takin g***
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Con tr act Clau se - ANS ✓"No state shall ... pass any ... law impairing
the obligation of contracts" (applies only to state and local laws)
Pr ivate K - Su bstantial im pair m en t of existin g r ights in valid
u n less; im por tan t gov't pu r pose r eason ably r elated m ean s
Pu blic K - Heighten ed scr utin y (in ter m ediate or str ict
scr u tiny)
Ex Post Facto Law s - ANS ✓Const. says that neither the federal or
state gov't can adopt ex post facto laws (e.g.,. law that criminally
punishes conduct that was lawful when it was done or that increases
punishment for a crime after it was committed). Only applies in criminal
cases.
B ills of Attain der - ANS ✓Neither state nor federal gov't may pass
legislation that designates particular individuals (by name or
description) for punishment without judicial trial.
***Pu n ishm en t - tr adition al san ction s (e.g., death, pr ison ,
fi n es, con fi scation ) an d pu n itive m easu r es (e.g., exclu sion
fr om em ploym en t an d ben efi ts).
2 w ays of fi n din g a law is con tent-based - ANS ✓Subject Matter
Restriction - application of the law depends on the topic of the message
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View poin t Restr iction - Application of the law depen ds on the
ideology of the m essage
Con ten t-n eutr al law s - ANS ✓content-neutral laws burdening
speech generally need only meet intermediate scrutiny
Pr ior Restr ain ts - ANS ✓A prior restraint stops speech before it
occurs. Court orders suppressing speech must meet strict scrutiny.
-Pr ocedu r al pr oper cou r t or der s m u st be com plied w ith un til
they ar e vacated or over tu r n ed
-A per son w ho violates a cou r t or der is bar r ed fr om later
challen gin g it.
Licen sin g Speech - ANS ✓Gov't can require a license for speech only
if there is an important reason for licensing and clear criteria leaving
almost no discretion to the licensing authority. In addition, there must
be procedural safeguards such as prompt determination of requests for
licenses and judicial review of license denials.
Vagu en ess - ANS ✓A law is unconstitutionally vague if a reasonable
person cannot tell what speech is prohibited and what is allowed.
Over br eadth - ANS ✓A law is unconstitutionally overbroad if it
regulated substantially more speech than the constitution allows to be
regulated.
Bar Exam
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