LA Bar Federal Law 3

Question 1

A content-neutral restriction on speech in a public forum must satisfy which constitutional test?

Accepted Answer

Intermediate scrutiny — narrowly tailored to serve a significant government interest, leaving open alternative channels

Answer

Strict scrutiny — narrowly tailored to serve a compelling interest

Answer

Rational basis — reasonably related to a legitimate government interest

Answer

Balancing test comparing free speech value to the government burden

Question 2

Evidence obtained in violation of the Fourth Amendment is generally excluded at trial under the exclusionary rule. Which of the following is an exception to this rule?

Accepted Answer

The officers acted in good faith reliance on a warrant later found to be defective

Answer

The evidence was obtained by state officers rather than federal officers

Answer

The defendant consented to the search after the illegal entry

Answer

The evidence was physical rather than testimonial in nature

Question 3

A suspect in custody invokes his right to counsel during interrogation. Under the Fifth and Sixth Amendment framework, police must:

Accepted Answer

Cease all questioning until an attorney is present

Answer

Continue questioning on unrelated offenses only

Answer

Provide an attorney within 72 hours and may resume questioning with written waiver

Answer

Cease questioning only about the specific crime for which he was arrested

Question 4

The Takings Clause of the Fifth Amendment requires just compensation when the government takes private property. A regulation that denies an owner all economically beneficial use of land is characterized as:

Accepted Answer

A per se regulatory taking requiring just compensation

Answer

A temporary taking subject only to nominal compensation

Answer

A valid exercise of police power requiring no compensation

Answer

A partial taking evaluated under the Penn Central balancing test

Question 5

The Fourth Amendment's protection against unreasonable searches extends to areas where an individual has:

Accepted Answer

A subjective and objectively reasonable expectation of privacy

Answer

Legal title or ownership of the property searched

Answer

Physical control or possession of the area searched

Answer

A permanent residence as opposed to a temporary dwelling

Question 6

Under the Fifth Amendment's Double Jeopardy Clause, which of the following is NOT barred by the clause?

Accepted Answer

Successive prosecution by both federal and state governments for the same conduct

Answer

Retrial after an acquittal for the same offense

Answer

Retrial after a mistrial granted over the defendant's objection due to manifest necessity

Answer

Multiple punishments in a single proceeding beyond what the legislature authorized

Question 7

Which standard applies to a government restriction on commercial speech under the First Amendment?

Accepted Answer

The Central Hudson four-part test requiring the speech to concern lawful activity, serve a substantial interest, and be narrowly tailored

Answer

Strict scrutiny because speech is always a fundamental right

Answer

Rational basis because commercial speech receives minimal protection

Answer

Intermediate scrutiny identical to that applied to content-neutral regulations