MA Bar Constitutional Law 3

Question 1

Which doctrine holds that a constitutional case is not justiciable if it involves a question committed to another branch of government?

Accepted Answer

Political question doctrine

Answer

The political question doctrine bars federal courts from deciding matters constitutionally committed to Congress or the executive, such as foreign affairs or impeachment procedures.

Question 2

For a plaintiff to have standing in federal court, which of the following is NOT required?

Accepted Answer

A jury trial

Answer

Standing requires injury in fact, causation (the injury is traceable to the defendant), and redressability (a favorable decision will remedy the injury)—a jury trial is not a standing requirement.

Question 3

Under the Establishment Clause, which test historically asked whether a law had a secular purpose, neutral effect, and avoided excessive entanglement with religion?

Accepted Answer

Lemon test

Answer

The Lemon test, from Lemon v. Kurtzman (1971), examined secular purpose, primary effect, and excessive government entanglement with religion, though its use has been reconsidered in recent Supreme Court decisions.

Question 4

The Eleventh Amendment generally bars federal suits against:

Accepted Answer

State governments by citizens of another state or foreign nation

Answer

The Eleventh Amendment bars federal court suits against a state by citizens of another state or a foreign country, reflecting principles of sovereign immunity.

Question 5

Massachusetts courts have interpreted Article 14 of the Declaration of Rights (search and seizure) as providing:

Accepted Answer

Greater protections than the federal Fourth Amendment in some contexts

Answer

Massachusetts courts have held that Article 14 provides broader privacy protections than the federal Fourth Amendment in certain contexts, such as requiring warrants for situations federal law does not.

MA Bar - Massachusetts Bar Exam Practice Test

MA Bar - Massachusetts Bar Exam Practice Test

MA Bar Constitutional Law 3