Deck 4: The Requirement of Fairness

Question 1

Which of the following cases specifically addressed the issues of quotas inaffirmative action cases,declaring quotas violative of equal protection?

A) Regents of University of California v. Bakke
B) Grutter v. Bollinger
C) Gratz v. Bollinger
D) All of the above
E) None of the above. Quotas are permissible to achieve Affirmative Action goals.

Answer 1

B

Question 2

All racial classifications are subject to:

A) the substantial relationship test
B) the strict scrutiny test
C) the reasonable relationship test
D) the rational relationship test

Answer 2

B

Question 3

Following the Goldberg decision,which of the following is an incorrect statement?

A) Eighty percent of those who demanded a Goldberg hearing were determined ineligible for welfare benefits, as initially determined.
B) Ninety-two percent of Goldberg-type appeals were lost.
C) The cost to provide benefits to the 92% of applicants who lost their appeals in Michigan alone was approximately half a million dollars in 1971.
D) Most termination decisions were appealed.

Answer 3

B

Question 4

Courts have determined that a predetermination hearing is required in which of thefollowing?

A) Disability benefits
B) Welfare benefits
C) Unemployment benefits
D) All of the above require a predetermination hearing.
E) None of the above requires a predetermination hearing.

Question 5

The equal protection clause applies to:

A) state law only regardless of the source
B) federal law only regardless of the source
C) state law and federal law only regardless of the source
D) state law and federal law only in relation to administrative agencies

Question 6

Which of the following is the least stringent due process test?

A) The substantial relationship test
B) The strict scrutiny test
C) The reasonable relationship test
D) The rational relationship test

Question 7

Notice of a hearing,in most cases,is accomplished by:

A) telephone call
B) e-mail
C) first-class or registered mail
D) subpoena

Question 8

A person's interest in their good name and reputation is considered:

A) a protected liberty interest
B) a tangible property interest
C) a protected life interest
D) all of the above

Question 9

Requirements that a law be related to a governmental purpose are described as:

A) procedural due process
B) substantive due process
C) practical due process
D) substantial due process

Question 10

Which of the following is not a factor that a court examines when determining the needfor a predetermination or postdetermination hearing?

A) Additional harm to the individual from not requiring the hearing
B) Likelihood of error without additional safety aids
C) The historical accuracy of past agency decisions
D) The costs and burdens imposed by requiring additional procedures

Question 11

Which of the following is not a required,integral part of due process notice?

A) Date, time, and location of the hearing
B) Basic facts and charges that the hearing will address
C) The name and position of the specific person in charge of the hearing
D) All of the above are required, integral parts of due process notice.
E) None of the above is a required, integral part of due process notice.

Question 12

Interpretation of the Fifteenth Amendment was the primary issue in:

A) Goss v. Lopez
B) Perry v. Sindermann
C) Goldberg v. Kelly
D) Rice v. Cayetano

Question 13

Government entitlements such as welfare are viewed as:

A) rights
B) privileges
C) rights and privileges
D) neither rights nor privileges

Question 14

Which test does the United States Supreme Court require to be used when examininglaws involving illegitimate children?

A) The substantial relationship test
B) The strict scrutiny test
C) The reasonable relationship test
D) The rational relationship test

Question 15

When the government decides to impose a licensure requirement:

A) due process must be satisfied
B) equal protection must be satisfied
C) due process and equal protection must be satisfied
D) None of the above. The government is not subject to limitations when setting rules or requirements for conduct.

Question 16

A condition that is permanent or outside a person's control is called a/an:

A) immutable condition
B) integral condition
C) fundamental condition
D) primary condition

Question 17

Which of the following cannot be revoked or terminated without a formalpredetermination hearing?

A) A driver's license when substantial violations have occurred
B) Public education opportunities when facing a ten-day suspension
C) An individual's job when the individual faces a felony indictment
D) Welfare benefits

Question 18

Which test does the United States Supreme Court require to be used when examininglaws involving gender-based classifications?

A) The substantial relationship test
B) The strict scrutiny test
C) The reasonable relationship test
D) The rational relationship test

Question 19

Which of the following is violative of equal protection?

A) A law requiring a person to be 21 years old to buy or consume beer or liquor
B) A rule requiring a person applying for a bar examination to have graduated law
C) A law requiring a person to be 17 years old to obtain a driver's license
D) A law requiring a city police force to be at least 40% female

Question 20

When a fundamental right is being significantly burdened,which test is applied todetermine the validity of the rule or law?

A) The substantial relationship test
B) The strict scrutiny test
C) The reasonable relationship test
D) The rational relationship test

Question 21

Nonprobationary government employees are entitled to evidentiary presuspensionhearings.

Question 22

Which of the following is a consideration in due process cost-benefit analysis?

A) Where the hearing is held
B) When the hearing is held
C) What type of hearing is held
D) All of the above

Question 23

Evidentiary hearings are not necessary when the central facts of the case are test resultsor other scientific information.

Question 24

The APA requires that all federal administrative hearings be held in Washington,DC.

Question 25

The government must satisfy the Due Process and Equal Protection Clauses whenissuing,suspending,or revoking licenses.

Question 26

The APA mandates allowing counsel at all federal hearings.

Question 27

Any time that race is used directly or indirectly to formulate policy,the law isviolated and the policy is illegal.

Question 28

If an issue is purely legal,an agency may limit the party's participation in a hearing toa written submission arguing the law.

Question 29

Affirmative action programs encourage the use of quotas to attain hiring goalsdesigned to provide advantages to historically disadvantaged groups.

Question 30

Due process always requires that a formal hearing be conducted.

Question 31

Protection of the public health and safety is the most common justification forsummary administrative action.

Question 32

The Equal Protection Clause is implicitly applied to federal government actionsthrough the Fifteenth Amendment.

Question 33

Which of the following best describes the applicability of the First Amendment's FreeSpeech Clause to work-related speech of government employees?

A) The First Amendment is fully applicable to work-related speech.
B) The First Amendment does not apply to work-related speech.
C) The First Amendment does not apply to work-related speech if the government can
D) The First Amendment protects only work-related speech and not other speech of

Question 34

At one time,interests in receiving governmental rights or entitlements were notcovered by due process requirements.

Question 35

In Perry v.Sindermann,the court determined that college and university tenure rulesand requirements must be in writing and may not be informal or casually applied for thefaculty to have a legitimate interest or expectation.

Question 36

A legitimate expectation of receiving a benefit is called an entitlement.

Question 37

The Equal Protection Clause has been interpreted to apply to both states and the federalgovernment.

Question 38

Any time that a law is enacted or a decision is made that is based on classifications,equal protection is violated.

Question 39

The cost of an additional procedure is a factor in due process cost-benefit analysis.

Question 40

When a government employee speaks out about his agency,but not as part of his orher duties,the expression:

A) is not protected by the First Amendment
B) is not protected by the First Amendment unless the employee is a recognized expert in
C) is protected by the First Amendment in all circumstances
D) is protected by the First Amendment if the speech rises to the level of a public concern

Question 41

A state law that prohibits members of a certain race from applying for medical licenses would be _____ on its face.

Question 42

A gender-based classification in a state law preferring men as executors of estates was found to violate equal protection under the _____ test.

Question 43

Once it is determined that due process must be afforded,courts employ a _____ analysis when deciding what procedure must be afforded.

Question 44

A federal statute prohibits federally licensed firearms dealers from selling handguns to persons under age of 21.An organization advocating for gun ownership and individual gun owners brings an action against the Bureau of Alcohol,Firearms,Tobacco,and Explosives arguing that the statute violates the Second and Fifth Amendments.Discuss which equal protection review standard the court would apply.

Question 45

The U.S.Constitution has two Due Process Clauses: one in the Fifth Amendment,which applies to the federal government,and another in the ______ Amendment,which applies to the states.

Question 46

Matching:
Matching:Match the type of government action in Column 1 to the appropriate standard of review in Column 2.

Question 47

Under the strict scrutiny test,a law is valid only if it furthers a _____ governmental interest and reasonable alternatives don't exist.

Question 48

All racial classification systems are subject to the rational basis test.

Question 49

If a law encroaches upon civil liberties or classifies individuals using certain criteria,itis held to a higher standard under _____ due process.

Question 50

In Goldberg v.Kelly,the U.S.Supreme Court held that welfare recipients have a right to an evidentiary ____ before having their benefits terminated.

Question 51

Name the three tests that courts use to determine whether a law or action violates the Equal Protection Clause.How do they differ and do you believe that it is necessary to have three separate tests or could one test suffice?

Question 52

Matching:
Match the standard of review in Column 1 to the description in Column 2.

Question 53

Under the intermediate test,a law must bear a ____ relationship to animportant governmental interest.

Question 54

A federal law classifies people by religion.The strict scrutiny test is applied todetermine if the action is constitutional.

Question 55

_____ due process describes the minimum steps that must be taken by a government before it can deprive a person of life,liberty,or property.

Question 56

Due process cost-benefit analysis focuses on the costs and benefits of additional _____.

Question 57

A state law that prohibits aliens from holding public office falls under the ____ relationship test.

Question 58

A state law classifies people by gender.The strict scrutiny test will always be appliedto determine if the action is constitutional.

Question 59

Under the rational relationship test,a law must bear a rational relationship to a _____governmental interest.

Question 60

Discuss the different questions to determine what must be done to satisfy due process in the cost-benefit analysis before a life,liberty,or property interest may be taken by the government.

Question 61

Under which circumstances could the government send notice via e-mail or via text message rather than first-class or registered mail without violating the notice requirement under the Due Process Clauses?

Question 62

Not all classifications are violative of equal protection.Discuss whether you think sexual orientation should be considered a protected classification under the Equal Protection Clause.Explain your position.

Question 63

Discuss the main three interests protected by the Due Process Clauses.