CT Bar Constitutional Law & Civil Procedure 2 — Questions and Answers
Question 1: Under the Commerce Clause, Congress may regulate activities that are NOT themselves commercial if regulating them is essential to a broader regulatory scheme. Which case established this principle?
- Wickard v. Filburn
- Gonzales v. Raich (Correct answer)
- United States v. Lopez
- NFIB v. Sebelius
Correct answer: Gonzales v. Raich
Gonzales v. Raich held that Congress could regulate local non-commercial marijuana cultivation as part of its broader scheme to regulate the interstate drug market.
Question 2: A plaintiff sues in federal court alleging a federal constitutional claim worth $8,000. The defendant moves to dismiss for lack of subject matter jurisdiction. How should the court rule?
- Dismiss because the amount does not meet the $75,000 threshold
- Retain jurisdiction because federal question jurisdiction has no amount-in-controversy requirement (Correct answer)
- Transfer to state court as the proper forum
- Dismiss unless the plaintiff amends to add state law claims
Correct answer: Retain jurisdiction because federal question jurisdiction has no amount-in-controversy requirement
Federal question jurisdiction under 28 U.S.C. § 1331 has no amount-in-controversy requirement; the $75,000 threshold applies only to diversity jurisdiction.
Question 3: Under the Equal Protection Clause, a state law that classifies by race is subject to which level of scrutiny?
- Rational basis review
- Intermediate scrutiny
- Strict scrutiny (Correct answer)
- Heightened rational basis
Correct answer: Strict scrutiny
Racial classifications are suspect classifications that trigger strict scrutiny, requiring the law to be narrowly tailored to serve a compelling governmental interest.
Question 4: Under FRCP Rule 15(a), a party may amend its pleading once as a matter of course within how many days after serving it?
- 14 days
- 21 days (Correct answer)
- 28 days
- 30 days
Correct answer: 21 days
Under FRCP Rule 15(a)(1), a party may amend its pleading once as a matter of course within 21 days after serving it.
Question 5: The Fifth Amendment's Takings Clause requires just compensation when government takes private property. Which scenario is most likely a 'per se' regulatory taking?
- A zoning law reducing property value by 40%
- A regulation eliminating all economically beneficial use of land (Correct answer)
- A law restricting building height to 30 feet
- A flood control regulation occasionally flooding private land
Correct answer: A regulation eliminating all economically beneficial use of land
Under Lucas v. South Carolina Coastal Council, a regulation that denies the owner all economically beneficial use of land is a per se taking requiring compensation.
Question 6: Under FRCP Rule 56, summary judgment must be granted when:
- The movant's evidence outweighs the nonmovant's evidence
- There is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law (Correct answer)
- The nonmovant fails to file a response to the motion
- The movant presents affidavits supporting their position
Correct answer: There is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law
FRCP Rule 56(a) requires that summary judgment be granted when there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.
Question 7: The Establishment Clause prohibits government from establishing a religion. Under the Lemon test, a law survives Establishment Clause scrutiny if it has a secular purpose, its primary effect neither advances nor inhibits religion, and:
- It does not endorse any particular religious viewpoint
- It does not result in excessive government entanglement with religion (Correct answer)
- It applies equally to all religious denominations
- It was enacted through a neutral legislative process
Correct answer: It does not result in excessive government entanglement with religion
The third prong of the Lemon test asks whether the law results in excessive entanglement between government and religion.
CT Bar Constitutional Law & Civil Procedure 2
Under the Commerce Clause, Congress may regulate activities that are NOT themselves commercial if regulating them is essential to a broader regulatory scheme.
Which case established this principle?