NH Bar Constitutional Law 3

Question 1

The Eleventh Amendment generally bars federal courts from hearing suits:

Accepted Answer

By private citizens against a state without the state's consent

Answer

The Eleventh Amendment embodies the principle of sovereign immunity, generally prohibiting federal courts from adjudicating suits brought by private parties against a state without that state's consent.

Question 2

Under the Necessary and Proper Clause, Congress may:

Accepted Answer

Enact any law that is rationally related to the execution of an enumerated power

Answer

The Necessary and Proper Clause allows Congress to use any rational means that is reasonably adapted to the execution of its enumerated constitutional powers.

Question 3

A government official sues a newspaper for publishing an article about his misconduct. Under First Amendment defamation law, he must prove:

Accepted Answer

That the newspaper published a false statement of fact with actual malice

Answer

Under New York Times v. Sullivan, a public official must prove by clear and convincing evidence that the defendant published a false statement of fact with actual malice — knowledge of falsity or reckless disregard for the truth.

Question 4

Under the Second Amendment as interpreted in District of Columbia v. Heller, the government may NOT:

Accepted Answer

Prohibit law-abiding citizens from keeping operable handguns in their homes for self-defense

Answer

Heller held that the Second Amendment protects an individual right to keep and bear arms for traditionally lawful purposes, including self-defense in the home, and struck down D.C.'s handgun ban.

Question 5

The Eighth Amendment's prohibition on cruel and unusual punishment applies to criminal sentences that:

Accepted Answer

Are grossly disproportionate to the severity of the crime

Answer

The Eighth Amendment's proportionality principle prohibits criminal sentences that are grossly disproportionate to the offense, as established in cases like Solem v. Helm and Atkins v. Virginia.

NH Bar - New Hampshire Bar Exam Practice Test

NH Bar - New Hampshire Bar Exam Practice Test

NH Bar Constitutional Law 3