WV Bar Constitutional Law 3

Question 1

A West Virginia court applying intermediate scrutiny to a sex-based law must find the law is:

Accepted Answer

Substantially related to an important government interest

Answer

Necessary to a compelling interest

Answer

Rationally related to any legitimate interest

Answer

Reasonably related to a sufficient interest

Question 2

Under the Contracts Clause of the U.S. Constitution, West Virginia may NOT substantially impair:

Accepted Answer

Existing private contract obligations without adequate justification

Answer

Future private contracts

Answer

Tax collection from corporations

Answer

Federal government contracts

Question 3

The West Virginia Constitution provides for the election of circuit court judges for terms of:

Accepted Answer

Eight years

Answer

Four years

Answer

Six years

Answer

Twelve years

Question 4

Under the takings doctrine, West Virginia must pay just compensation when it:

Accepted Answer

Permanently physically occupies private property

Answer

Regulates property reducing its value by 10%

Answer

Enforces zoning laws that limit land use

Answer

Imposes environmental regulations on private land

Question 5

Freedom of speech under the First Amendment protects against:

Accepted Answer

Government-imposed speech restrictions

Answer

Private employer speech restrictions

Answer

Social media platform censorship

Answer

Defamatory statements made by citizens

Question 6

When a West Virginia statute is ambiguous, courts apply the rule of lenity to resolve ambiguity in favor of:

Accepted Answer

The defendant

Answer

The prosecution

Answer

The legislature

Answer

The public interest