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

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?

Accepted Answer

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

Answer

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:

Accepted Answer

Cease all questioning until an attorney is present

Answer

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:

Accepted Answer

A per se regulatory taking requiring just compensation

Answer

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:

Accepted Answer

A subjective and objectively reasonable expectation of privacy

Answer

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.

(LA Bar) Louisiana Bar Exam Practice Test

(LA Bar) Louisiana Bar Exam Practice Test

LA Bar Federal Law 3