WV Bar Constitutional Law 1 — Questions and Answers
Question 1: Under the West Virginia Constitution, how many justices sit on the Supreme Court of Appeals?
- Three
- Five (Correct answer)
- Seven
- Nine
Correct answer: Five
The West Virginia Supreme Court of Appeals consists of five justices who serve 12-year terms.
Question 2: Which clause of the U.S. Constitution requires West Virginia courts to give full faith and credit to judgments from other states?
- Supremacy Clause
- Due Process Clause
- Full Faith and Credit Clause (Correct answer)
- Privileges and Immunities Clause
Correct answer: Full Faith and Credit Clause
Article IV, Section 1 of the U.S. Constitution's Full Faith and Credit Clause obligates states to recognize valid judgments from sister states.
Question 3: Under strict scrutiny, the government must show its law is necessary to achieve a:
- Rational basis
- Substantial government interest
- Compelling government interest (Correct answer)
- Legitimate government interest
Correct answer: Compelling government interest
Strict scrutiny requires the government to demonstrate that the law is narrowly tailored to serve a compelling government interest.
Question 4: The West Virginia Human Rights Act prohibits discrimination based on all of the following EXCEPT:
- Race
- Sex
- Political affiliation (Correct answer)
- Disability
Correct answer: Political affiliation
The West Virginia Human Rights Act covers race, sex, disability, and other protected classes but does not list political affiliation as a protected category.
Question 5: Under the dormant Commerce Clause, West Virginia may NOT enact a law that:
- Regulates intrastate commerce only
- Discriminates against out-of-state businesses (Correct answer)
- Imposes uniform safety regulations on all trucks
- Taxes goods sold within the state
Correct answer: Discriminates against out-of-state businesses
The dormant Commerce Clause prohibits states from enacting laws that discriminate against interstate commerce or unduly burden it.
Question 6: A West Virginia statute is presumed constitutional when challenged under which standard of review?
- Strict scrutiny
- Intermediate scrutiny
- Rational basis review (Correct answer)
- De novo review
Correct answer: Rational basis review
Rational basis review presumes a law is constitutional and requires only that it be rationally related to a legitimate government interest.
WV Bar Constitutional Law 1
Under the West Virginia Constitution, how many justices sit on the Supreme Court of Appeals?