SC Bar Constitutional Law 3

Question 1

For Article III standing, a plaintiff must demonstrate injury in fact, which requires:

Accepted Answer

A concrete and particularized harm that is actual or imminent, not conjectural

Answer

Any statutory violation by the defendant causing nominal harm

Answer

Economic damages exceeding the amount in controversy threshold

Answer

Physical injury directly traceable to the defendant's intentional conduct

Question 2

The political question doctrine directs courts to avoid deciding issues that are:

Accepted Answer

Textually committed to another branch or that lack judicially manageable standards

Answer

Highly technical and beyond ordinary judicial expertise

Answer

Related to constitutional amendments or the bill of rights

Answer

Politically controversial and likely to generate public criticism of the judiciary

Question 3

A federal case becomes moot when:

Accepted Answer

Changed circumstances eliminate the live controversy, leaving no effective relief for the court to grant

Answer

The plaintiff fails to state a claim upon which relief can be granted

Answer

The statute of limitations on the underlying claim has expired before filing

Answer

The defendant prevails on a motion for summary judgment

Question 4

Under the Fourth Amendment's 'third-party doctrine,' information a person voluntarily shares with third parties:

Accepted Answer

Loses Fourth Amendment protection because the person assumed the risk of disclosure

Answer

Retains full Fourth Amendment protection as private communications

Answer

Is protected if shared for a limited purpose such as banking

Answer

Requires a warrant to obtain from the third party regardless of voluntariness

Question 5

The Fifth Amendment's Double Jeopardy Clause prevents a defendant from:

Accepted Answer

Being retried for the same offense after an acquittal in the same sovereign's court

Answer

Being tried in both state and federal court for the same underlying acts

Answer

Facing both criminal prosecution and civil liability arising from the same conduct

Answer

Being retried after a hung jury under any circumstances

Question 6

Under Argersinger v. Hamlin and Scott v. Illinois, the Sixth Amendment right to appointed counsel applies:

Accepted Answer

To any offense for which imprisonment is actually imposed as a sentence

Answer

To all criminal prosecutions regardless of the potential or actual punishment

Answer

Only to felonies carrying a maximum sentence exceeding one year

Answer

Only to capital cases where the death penalty is sought

Question 7

Under Crawford v. Washington, the Confrontation Clause prohibits the admission of:

Accepted Answer

Testimonial hearsay statements by an unavailable witness who was not subject to prior cross-examination

Answer

All out-of-court statements made by a witness who is unavailable at trial

Answer

All hearsay evidence in criminal trials regardless of its nature

Answer

Prior consistent statements offered to rehabilitate a witness's credibility