Multistate Bar Exam Constitutional Law 5

Question 1

A newspaper publishes a story falsely stating that a local public school teacher embezzled school funds. The teacher sues for defamation. Under the First Amendment, the teacher must prove:

Accepted Answer

The statement was false, caused harm, and was made with actual malice or negligence, depending on whether the teacher is a public or private figure

Answer

Whether a teacher is a public or private figure determines the fault standard: public figures must prove actual malice, while private figures need only show negligence under Gertz v. Robert Welch.

Question 2

Congress passes a joint resolution declaring that its authorization for military force against a foreign nation shall expire in 60 days unless Congress passes a concurrent resolution extending it. The President argues this automatic expiration is unconstitutional. The strongest argument supporting the President's position is that:

Accepted Answer

A concurrent resolution cannot constrain the President because it does not go through Presentment

Answer

A concurrent resolution (no Senate + House passage + presidential signature) does not meet the Presentment Clause requirements for legislation, and thus cannot constitutionally constrain the President's actions.

Question 3

A state law permits employers to fire workers who test positive for marijuana use, even if the use occurred off-duty and in compliance with state law. An employee challenges this under the right to privacy. The most likely outcome is:

Accepted Answer

The constitutional right to privacy does not protect recreational drug use, so no federal constitutional violation exists

Answer

The constitutional right to privacy protects fundamental intimate decisions; recreational drug use has not been recognized as a fundamental right, so there is no federal substantive due process violation.

Question 4

A grand jury subpoenas a journalist to testify about the identity of a confidential source. The journalist refuses, claiming a First Amendment privilege. Under Branzburg v. Hayes, the journalist:

Accepted Answer

Has no First Amendment privilege to refuse to testify before a grand jury about criminal conduct

Answer

In Branzburg v. Hayes, the Court held that the First Amendment does not give journalists a privilege to withhold the identity of confidential sources from grand jury investigations.

Question 5

A state university refuses to grant official recognition to a student religious organization because it limits membership to students who share its faith. The university's policy requiring all recognized groups to admit all students is challenged. Under Christian Legal Society v. Martinez, the policy is:

Accepted Answer

Constitutional if it is a reasonable, viewpoint-neutral condition on access to a limited public forum

Answer

In Christian Legal Society v. Martinez, the Court upheld an all-comers policy as a reasonable, viewpoint-neutral condition on access to a school-created limited public forum.

Multistate Bar Exam Practice Test

Multistate Bar Exam Practice Test

Multistate Bar Exam Constitutional Law 5