LA Bar Federal Law 3 — Questions and Answers
Question 1: A content-neutral restriction on speech in a public forum must satisfy which constitutional test?
- Strict scrutiny — narrowly tailored to serve a compelling interest
- Intermediate scrutiny — narrowly tailored to serve a significant government interest, leaving open alternative channels (Correct answer)
- Rational basis — reasonably related to a legitimate government interest
- Balancing test comparing free speech value to the government burden
Correct answer: Intermediate scrutiny — narrowly tailored to serve a significant government interest, leaving open alternative channels
Content-neutral time, place, and manner restrictions in public forums must be narrowly tailored to serve a significant government interest and leave open adequate alternative channels of communication.
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?
- The evidence was obtained by state officers rather than federal officers
- The officers acted in good faith reliance on a warrant later found to be defective (Correct answer)
- The defendant consented to the search after the illegal entry
- The evidence was physical rather than testimonial in nature
Correct answer: The officers acted in good faith reliance on a warrant later found to be defective
Under United States v. Leon, the good-faith exception permits admission of evidence obtained pursuant to a warrant that officers reasonably relied upon, even if the warrant is later found to be invalid.
Question 3: A suspect in custody invokes his right to counsel during interrogation. Under the Fifth and Sixth Amendment framework, police must:
- Cease all questioning until an attorney is present (Correct answer)
- Continue questioning on unrelated offenses only
- Provide an attorney within 72 hours and may resume questioning with written waiver
- Cease questioning only about the specific crime for which he was arrested
Correct answer: Cease all questioning until an attorney is present
Once a suspect invokes the right to counsel during custodial interrogation, all questioning must cease until counsel is present or the suspect reinitiates communication.
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:
- A per se regulatory taking requiring just compensation (Correct answer)
- A temporary taking subject only to nominal compensation
- A valid exercise of police power requiring no compensation
- A partial taking evaluated under the Penn Central balancing test
Correct answer: A per se regulatory taking requiring just compensation
Under Lucas v. South Carolina Coastal Council, a regulation that destroys all economic value of property constitutes a per se taking requiring just compensation under the Fifth Amendment.
Question 5: The Fourth Amendment's protection against unreasonable searches extends to areas where an individual has:
- Legal title or ownership of the property searched
- A subjective and objectively reasonable expectation of privacy (Correct answer)
- Physical control or possession of the area searched
- A permanent residence as opposed to a temporary dwelling
Correct answer: A subjective and objectively reasonable expectation of privacy
Under Katz v. United States, Fourth Amendment protection depends on whether the individual had a subjective expectation of privacy that society recognizes as objectively reasonable.
Question 6: Under the Fifth Amendment's Double Jeopardy Clause, which of the following is NOT barred by the clause?
- Retrial after an acquittal for the same offense
- Successive prosecution by both federal and state governments for the same conduct (Correct answer)
- Retrial after a mistrial granted over the defendant's objection due to manifest necessity
- Multiple punishments in a single proceeding beyond what the legislature authorized
Correct answer: Successive prosecution by both federal and state governments for the same conduct
Under the dual sovereignty doctrine, separate prosecutions by the federal government and a state for the same conduct do not violate Double Jeopardy because they are separate sovereigns.
Question 7: Which standard applies to a government restriction on commercial speech under the First Amendment?
- Strict scrutiny because speech is always a fundamental right
- The Central Hudson four-part test requiring the speech to concern lawful activity, serve a substantial interest, and be narrowly tailored (Correct answer)
- Rational basis because commercial speech receives minimal protection
- Intermediate scrutiny identical to that applied to content-neutral regulations
Correct answer: The Central Hudson four-part test requiring the speech to concern lawful activity, serve a substantial interest, and be narrowly tailored
Commercial speech is protected under the First Amendment but subject to the four-part Central Hudson test: the speech must concern lawful activity, the government interest must be substantial, the regulation must directly advance that interest, and be no more extensive than necessary.
LA Bar Federal Law 3
A content-neutral restriction on speech in a public forum must satisfy which constitutional test?