FREE VA Bar Constitutional Law Questions and Answers
Under Virginia law, what standard of review does the Virginia Supreme Court apply when evaluating a claim of gender discrimination under the Virginia Constitution?
The Virginia Supreme Court applies intermediate scrutiny to claims of gender discrimination under the Virginia Constitution. This standard requires that the law or action in question serves an important governmental interest and is substantially related to achieving that interest. It is less stringent than strict scrutiny, which is used for racial classifications and fundamental rights, but more rigorous than rational basis review.
Which clause in the U.S. Constitution is often cited in cases involving conflicts between state and federal law?
The Supremacy Clause, found in Article VI, Clause 2 of the U.S. Constitution, establishes that federal law takes precedence over state laws when there is a conflict. This clause ensures that when state laws are inconsistent with federal laws or the Constitution, federal law will prevail.
The Virginia Constitution guarantees freedom of speech. However, which of the following restrictions would likely be upheld as constitutional?
A regulation requiring permits for large public demonstrations to ensure public safety is likely to be upheld as constitutional, provided it is content-neutral, narrowly tailored, and serves a significant governmental interest, such as maintaining public order. Such regulations are generally considered permissible restrictions on the time, place, and manner of speech, as long as they do not discriminate based on the content of the speech.
Which amendment to the U.S. Constitution prohibits states from denying any person within their jurisdiction the equal protection of the laws?
The Fourteenth Amendment to the U.S. Constitution includes the Equal Protection Clause, which prohibits states from denying any person within their jurisdiction equal protection under the law. This amendment is a key provision in ensuring that individuals receive equal treatment and protection from discrimination by state governments.
Under the Virginia Constitution, which provision addresses the right to a trial by jury in civil cases?
Article I, Section 11 of the Virginia Constitution guarantees the right to a trial by jury in civil cases. This provision ensures that parties involved in civil disputes have the opportunity to have their case heard and decided by a jury of their peers.