UT Bar Constitutional Law

Question 1

What standard of review applies to content-based restrictions on speech under the First Amendment?

Accepted Answer

Strict scrutiny

Answer

Content-based restrictions on speech are presumptively unconstitutional and must survive strict scrutiny, requiring a compelling government interest and narrow tailoring.

Question 2

Under Mathews v. Eldridge, which factors determine how much procedural due process is required before a government deprivation?

Accepted Answer

Private interest, risk of erroneous deprivation, and government's interest

Answer

Mathews v. Eldridge established a three-factor balancing test weighing the private interest at stake, the risk of erroneous deprivation, and the government's interest.

Question 3

Which level of scrutiny applies to gender-based classifications under the Equal Protection Clause?

Accepted Answer

Intermediate scrutiny

Answer

Gender classifications are quasi-suspect and subject to intermediate scrutiny, requiring the government to show an important interest achieved by substantially related means.

Question 4

Under Brandenburg v. Ohio, the government may constitutionally punish speech when it is:

Accepted Answer

Directed to inciting imminent lawless action and likely to produce such action

Answer

Brandenburg requires that speech be both directed to inciting imminent lawless action AND likely to produce such action before the government may restrict it.

Question 5

The Establishment Clause prohibits government from:

Accepted Answer

Making any law respecting an establishment of religion

Answer

The Establishment Clause prohibits government from making laws respecting an establishment of religion, including laws that favor or disfavor any religion.

(UT Bar) Utah Bar Exam Practice Test

(UT Bar) Utah Bar Exam Practice Test

UT Bar Constitutional Law