Question 1

Fact Pattern 3-A3 &#10;Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.&#10;Substantive due process limits what the government can do in its legislative capacity.

Accepted Answer

Substantive due process refers to the constitutional principle that protects individuals from government actions that threaten fundamental rights, limiting what laws the government can enact.

Question 2

Fact Pattern 3-A3 &#10;Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.&#10;Congress may tax some states and exempt others.

Accepted Answer

This fact pattern has nothing to do with Congress's power to tax states, so the statement is irrelevant and not applicable. The answer is therefore false.

Question 3

Fact Pattern 3-A3 &#10;Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.&#10;A restriction on commercial speech is valid as long as it forbids only the expression of views on controversial issues.

Accepted Answer

This statement is incorrect. The Supreme Court has held that restrictions on commercial speech are subject to intermediate scrutiny and must be narrowly tailored to serve a substantial government interest. The restriction cannot burden substantially more speech than necessary to further the government interest. The fact that the speech concerns controversial issues is not relevant to the analysis.

Question 4

Fact Pattern 3-A3 &#10;Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.&#10;State laws often significantly protect individuals' privacy rights.

Accepted Answer

State laws can include provisions for protecting individuals' privacy rights, such as laws related to data privacy, medical privacy, and personal information protection. However, the extent of these protections may vary by state and by context.

Question 5

Fact Pattern 3-A3 &#10;Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.&#10;The courts determine when the laws restricting free speech are justified by the need to protect other rights.

Accepted Answer

It is true that courts determine when the laws restricting free speech are justified by the need to protect other rights. This is because the First Amendment of the United States Constitution protects the right to free speech, but this right is not absolute and can be restricted under certain circumstances, such as when it poses a threat to national security or the safety of individuals. Courts have the responsibility to balance the right to free speech with the need to protect other rights, and to determine whether a particular restriction on speech is justified in a given situation.

Question 6

Fact Pattern 3-A3 &#10;Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.&#10;The First Amendment protects obscene speech.

Accepted Answer

The First Amendment does not protect obscene speech, which is not entitled to constitutional protection. However, determining what constitutes obscene speech can be a complex legal question.

Question 7

Fact Pattern 3-A3 &#10;Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.&#10;Pretexting is the process of obtaining information by false means.

Accepted Answer

Pretexting involves using false or fabricated information to deceive someone into disclosing sensitive information. This can include pretending to be someone else in order to gain access to confidential data.

Question 8

Fact Pattern 3-A3 &#10;Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.&#10;A state law that treats nonresidents different from residents may violate the privileges and immunities clause.

Accepted Answer

The privileges and immunities clause of the United States Constitution prohibits states from discriminating against nonresidents in favor of their own residents. Therefore, a state law that treats nonresidents differently from residents may violate this clause.

Question 9

Fact Pattern 3-A3 &#10;Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.&#10;A law that limits only some persons' exercise of a fundamental right is valid under any circumstances.

Accepted Answer

This law would likely be examined under strict scrutiny, which requires the government to show a compelling interest in limiting the fundamental right and that the law is narrowly tailored to achieve that interest. Limiting only some persons' exercise of a fundamental right would likely not meet this standard and would be considered unconstitutional.

Question 10

Fact Pattern 3-A3 &#10;Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.&#10;The First Amendment requires a complete separation of church and state.

Accepted Answer

The First Amendment prohibits the government from establishing a state religion and from prohibiting the free exercise of religion, but it does not require a complete separation of church and state.

Question 11

Fact Pattern 3-A3 &#10;Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.&#10;Generally,government inspectors have the right to enter business premises without a warrant.

Accepted Answer