NY Bar Constitutional Law

Question 1

Under the First Amendment, which standard of review applies to a content-neutral law that incidentally restricts speech?

Accepted Answer

Intermediate scrutiny

Answer

Content-neutral laws that incidentally restrict speech are subject to intermediate scrutiny, requiring the law to be narrowly tailored to serve a significant government interest.

Question 2

The Fourteenth Amendment's Due Process Clause prohibits states from depriving persons of life, liberty, or property without due process. Which of the following best describes 'substantive due process'?

Accepted Answer

Protection of fundamental rights from arbitrary government interference

Answer

Substantive due process protects fundamental rights from arbitrary government interference regardless of the procedures used.

Question 3

Under the Commerce Clause, Congress may regulate which of the following activities?

Accepted Answer

Activities that substantially affect interstate commerce

Answer

After Lopez and Morrison, Congress may regulate activities that substantially affect interstate commerce, even if those activities are local in nature.

Question 4

A state law discriminates against out-of-state businesses on its face. Under the dormant Commerce Clause, this law will be:

Accepted Answer

Presumptively invalid and subject to strict scrutiny

Answer

Facially discriminatory laws against interstate commerce are presumptively invalid and will be struck down unless the state can show no reasonable non-discriminatory alternative exists.

Question 5

Which doctrine prevents federal courts from adjudicating cases where the plaintiff lacks a personal stake in the outcome?

Accepted Answer

Standing

Answer

Standing requires that a plaintiff demonstrate injury in fact, causation, and redressability to have a personal stake in the litigation.

NY Bar - New York Bar Exam Practice Test

NY Bar - New York Bar Exam Practice Test

NY Bar Constitutional Law