LA Bar Federal Law 5

Question 1

A state university uses race as one factor in admissions to achieve a diverse student body. Under Equal Protection, such a program is subject to:

Accepted Answer

Strict scrutiny, and must be narrowly tailored to serve a compelling interest in diversity

Answer

Rational basis review because education is not a fundamental right

Answer

Intermediate scrutiny because race is a quasi-suspect classification

Answer

No constitutional scrutiny because universities are private actors

Question 2

The Supreme Court has recognized substantive due process protection for 'fundamental rights.' Which of the following is NOT recognized as a fundamental right under this doctrine?

Accepted Answer

Right to physician-assisted suicide

Answer

Right to marry

Answer

Right to interstate travel

Answer

Right to direct the education of one's children

Question 3

When the government seeks to deprive an individual of a protected liberty or property interest, procedural due process requires:

Accepted Answer

Notice and an opportunity to be heard at a meaningful time and in a meaningful manner

Answer

A full trial-type hearing before any deprivation occurs in all cases

Answer

A unanimous jury verdict supporting the deprivation

Answer

A written statement of reasons regardless of the magnitude of the deprivation

Question 4

Under the Administrative Procedure Act, a reviewing court must set aside agency action that is 'arbitrary and capricious.' This standard requires the agency to have:

Accepted Answer

Considered the relevant factors and provided a reasoned explanation for its decision

Answer

Proven its decision by a preponderance of the evidence in an adjudicatory proceeding

Answer

Obtained express statutory authorization for the specific action taken

Answer

Published a final cost-benefit analysis demonstrating net public benefit

Question 5

Following Loper Bright Enterprises v. Raimondo (2024), when a federal statute is ambiguous, federal courts reviewing agency interpretations of the statute must:

Accepted Answer

Exercise independent judgment to determine the statute's best meaning

Answer

Continue to defer to the agency's reasonable interpretation under Chevron

Answer

Defer to the agency unless Congress has expressly delegated interpretive authority elsewhere

Answer

Apply the major questions doctrine to presumptively invalidate agency action

Question 6

The Eighth Amendment's prohibition on cruel and unusual punishment bars which of the following?

Accepted Answer

The death penalty for crimes committed by individuals who were juveniles at the time of the offense

Answer

Mandatory minimum sentences for non-violent drug offenses

Answer

Life without parole for adult repeat offenders convicted of non-homicide crimes

Answer

Three-strikes laws imposing life sentences for a third felony conviction

Question 7

A plaintiff brings a civil rights action under 42 U.S.C. § 1981 against a private employer for race discrimination in contracting. Which of the following is TRUE about § 1981 compared to Title VII?

Accepted Answer

Section 1981 has no statutory cap on compensatory and punitive damages, unlike Title VII

Answer

Section 1981 requires exhaustion of EEOC administrative remedies before filing suit

Answer

Section 1981 applies only to public employers and state actors, unlike Title VII

Answer

Section 1981 requires proof of disparate impact, while Title VII requires intentional discrimination