NH Bar Constitutional Law 2

Question 1

Under the Takings Clause of the Fifth Amendment, when must the government provide just compensation?

Accepted Answer

When it physically invades property or enacts a regulation that deprives the owner of all economic value

Answer

The Takings Clause requires just compensation for physical invasions and for regulatory takings that deprive an owner of all economically beneficial use of the property.

Question 2

The Establishment Clause of the First Amendment prohibits the government from:

Accepted Answer

Making laws that respect an establishment of religion

Answer

The Establishment Clause forbids the government from making any law respecting an establishment of religion, including laws that prefer one religion over others or religion over non-religion.

Question 3

Which of the following best describes the Privileges and Immunities Clause of Article IV?

Accepted Answer

It prevents states from discriminating against out-of-state citizens with respect to fundamental rights and important economic activities

Answer

Article IV's Privileges and Immunities Clause prohibits states from discriminating against non-residents as to fundamental rights and essential economic activities without substantial justification.

Question 4

To have standing to bring a constitutional claim in federal court, a plaintiff must demonstrate:

Accepted Answer

A concrete injury in fact, causation, and redressability

Answer

Article III standing requires the plaintiff to show a concrete injury in fact that is fairly traceable to the defendant's conduct and likely to be redressed by a favorable decision.

Question 5

The state action doctrine limits the application of most constitutional rights to situations where:

Accepted Answer

The violation is attributable to a government actor or entity

Answer

Most constitutional protections apply only to government action; purely private conduct, even if discriminatory, generally does not implicate constitutional rights.

NH Bar - New Hampshire Bar Exam Practice Test

NH Bar - New Hampshire Bar Exam Practice Test

NH Bar Constitutional Law 2