Question 1

State X passes a law restricting the right of citizens to vacation in foreign countries because the state prefers that its citizens spend their vacation dollars in the U.S.A group of state citizens challenge the law.Set forth the standard a court would apply in reviewing the law and the likely outcome of the case.

Accepted Answer

The answer of State X passes a law restricting the...

Question 2

State X has passed legislation to limit the amount of out-of-state widgets sold in the state.You are asked by an out-of-state manufacturer to file a complaint in federal court to fight the law.What is your best argument?

Accepted Answer

The answer of State X has passed legislation to limit...

Question 3

In an effort to promote family time,State X passes a law prohibiting the advertisement in the state of movies rated "restricted." The law is challenged by a coalition of state newspapers on the basis that it violates the First Amendment of the U.S.Constitution.Set forth the test the court should apply in order to determine whether the law is constitutional and how the court would likely rule.

Accepted Answer

The answer of In an effort to promote family time,State...

Question 4

Fact Pattern 4-3
Polly owns a restaurant seating 150 people. She just learns of a newly enacted regulation in her city requiring that larger restaurants seating over 100 people be inspected by the health department on a monthly basis whereas smaller restaurants would only be inspected twice per year. She also learned that Frank, the local mayor, who recently went through a nasty divorce, was able to get passed a law requiring that restaurants owned by women pay a higher fee to receive a business license than those owned by men. Polly is angry about both laws and wants to take action to have them struck down.
-Refer to Fact Pattern 4-3.Under the Equal Protection clause,which of the following is the city's best argument that the law imposing a higher fee on female restaurant owners should be upheld?

Accepted Answer

The substantially related test requires that the government show that the classification is necessary to achieve a legitimate government interest. The city has not shown that the higher fee on female restaurant owners is necessary to achieve any legitimate government interest.

Question 5

Fact Pattern 4-3
Polly owns a restaurant seating 150 people. She just learns of a newly enacted regulation in her city requiring that larger restaurants seating over 100 people be inspected by the health department on a monthly basis whereas smaller restaurants would only be inspected twice per year. She also learned that Frank, the local mayor, who recently went through a nasty divorce, was able to get passed a law requiring that restaurants owned by women pay a higher fee to receive a business license than those owned by men. Polly is angry about both laws and wants to take action to have them struck down.
-Refer to Fact Pattern 4-3.Under the Equal Protection clause,which of the following would be the city's best argument that the law pertaining to more frequent inspections of larger restaurants should be upheld?

Accepted Answer

The city would argue that the law is valid under the rational basis test, which requires only a rational relationship between the classification and a legitimate government interest. The government's interest in ensuring the health and safety of its citizens through more frequent inspections of larger restaurants is a legitimate one, and the law is rationally related to that interest.

Question 6

State Y is planning a new superhighway.The traffic in state Y does not require any new roads.However,the state wishes to be the first in the U.S.to have a wild animal park running down the center of its highway.This will require 40% more land than ordinary superhighways.Claiming the power of eminent domain,the State has attempted to take Greg's house.Greg has filed suit to prevent this.How will the court decide this case and why?

Accepted Answer

The answer of State Y is planning a new superhighway.The...

Question 7

The Tiny Motel is located in State X.It is not readily accessible from any major highway.Few,if any of their guests are from out of state.The motel has filed suit in federal court to be exempt from the anti-discrimination provisions of the Civil Rights Act of 1964.What are the arguments for and against exemption?

Accepted Answer

The answer of The Tiny Motel is located in State...

Quiz 4: Constitutional Bases for Business Regulation.

State X has passed legislation to limit the amount of out-of-state widgets sold in the state.You are asked by an out-of-state manufacturer to file a complaint in federal court to fight the law.What is your best argument?