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

Intermediate scrutiny requires that a challenged law be substantially related to an important (not merely legitimate or compelling) government 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

The Contracts Clause prohibits states from substantially impairing existing contractual obligations of private parties without a significant public purpose.

Question 3

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

Accepted Answer

Eight years

Answer

West Virginia circuit court judges serve eight-year terms and are elected by the voters within their circuits.

Question 4

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

Accepted Answer

Permanently physically occupies private property

Answer

A permanent physical occupation of private property by the government is a per se taking requiring just compensation under the Fifth Amendment.

Question 5

Freedom of speech under the First Amendment protects against:

Accepted Answer

Government-imposed speech restrictions

Answer

The First Amendment is a restraint on government action only and does not apply to private actors such as employers or social media companies.

WV Bar - West Virginia Bar Exam Practice Test

WV Bar - West Virginia Bar Exam Practice Test

WV Bar Constitutional Law 3