CT Bar Constitutional Law & Civil Procedure 2

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?

Accepted Answer

Gonzales v. Raich

Answer

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?

Accepted Answer

Retain jurisdiction because federal question jurisdiction has no amount-in-controversy requirement

Answer

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?

Accepted Answer

Strict scrutiny

Answer

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?

Accepted Answer

21 days

Answer

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?

Accepted Answer

A regulation eliminating all economically beneficial use of land

Answer

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.

(CT Bar) Connecticut Bar Exam Practice Test

(CT Bar) Connecticut Bar Exam Practice Test

CT Bar Constitutional Law & Civil Procedure 2