...ce notice or a chance to respond. The recipient sues for violation of procedural due process. Which statement is most accurate? The best answer recognizes both the entitlement and the flexible Mathews approach to process...
Citations: U.S. Const. amend. XIV, Board of Regents v. Roth, Mathews v. Eldridge, Goldberg v. Kelly
...ting that the suspension, public accusation, and termination violated procedural due process. The university argues that student safety justified immediate action and that the later hearing cured any problem. Analyze the...
Citations: U.S. Const. amend. XIV, Board of Regents v. Roth, Cleveland Board of Education v. Loudermill, Mathews v. Eldridge
A state law bars any person who owes more than $5,000 in unpaid civil judgments from receiving a marriage license unless the creditor consents. An engaged couple challenges the law after one partner is denied a license b...
Citations: U.S. Const. amend. XIV, Loving v. Virginia, Zablocki v. Redhail, Obergefell v. Hodges
...y purpose is needed to trigger strict scrutiny for a facially neutral law. U.S. Const. amend. XIV, Washington v. Davis, Village of Arlington Heights v. Metropolitan Housing Development Corp.
Citations: U.S. Const. amend. XIV, Washington v. Davis, Village of Arlington Heights v. Metropolitan Housing Development Corp.
...can fully compensate the car owner. The owner sues the city under the Due Process Clause. Which statement is most accurate? The best answer applies the postdeprivation-remedy rule for random unauthorized losses of proper...
Citations: U.S. Const. amend. XIV, Parratt v. Taylor, Hudson v. Palmer, Daniels v. Williams
A city ordinance requires that 25 percent of every public-construction contract be awarded to subcontractors owned by members of specified racial minority groups. A nonminority subcontractor who lost a bid challenges...
Citations: U.S. Const. amend. XIV, Adarand Constructors, Inc. v. Pena, City of Richmond v. J.A. Croson Co., Students for Fair Admissions, Inc. v. President and Fellows of Harvard College
...failed the inspection argues that the ordinance violates substantive due process because it prevents him from pursuing his chosen occupation. Which statement is most accurate? The best answer applies rational basis revi...
Citations: U.S. Const. amend. XIV, Nebbia v. New York, Williamson v. Lee Optical of Oklahoma, Inc.
A nonprofit sports league leases a city stadium for $1 per year. The city appoints one-third of the league's board, approves the league's annual budget, and requires the league to follow city recreation policies. The...
Citations: U.S. Const. amend. XIV, Brentwood Academy v. Tennessee Secondary School Athletic Association, Lugar v. Edmondson Oil Co., Jackson v. Metropolitan Edison Co.
A state fire academy reserves its advanced rescue course for men, explaining that "most women lack the strength and temperament for rescues under pressure." A female firefighter who passed the academy's physical test...
Citations: U.S. Const. amend. XIV, Craig v. Boren, United States v. Virginia
...to an accredited private school challenges the rule under substantive due process. Which statement is most accurate? The best answer distinguishes the parental liberty interest from the separate equal protection rule tha...
Citations: U.S. Const. amend. XIV, Meyer v. Nebraska, Pierce v. Society of Sisters, Troxel v. Granville
...lice officers, tax auditors, or janitors in state office buildings. A lawful permanent resident denied a janitor position challenges the statute under equal protection. Which statement best describes the governing equal...
Citations: U.S. Const. amend. XIV, Graham v. Richardson, Sugarman v. Dougall, Foley v. Connelie, Mathews v. Diaz
City A awards contracts for public park construction. After a consultant reported that minority-owned firms had received only five percent of city park contracts over the past decade, the city adopted two ordinances....
Citations: U.S. Const. amend. XIV, Adarand Constructors, Inc. v. Pena, Village of Arlington Heights v. Metropolitan Housing Development Corp., Students for Fair Admissions, Inc. v. President and Fellows of Harvard College
City D owns a large recreation center but leases it for $1 per year to a nonprofit youth-sports league. The city appoints three of the league's nine board members, pays for utilities, and requires the league to submit...
Citations: U.S. Const. amend. XIV, Jackson v. Metropolitan Edison Co., Brentwood Academy v. Tennessee Secondary School Athletic Association, City of Cleburne v. Cleburne Living Center, San Antonio Independent School District v. Rodriguez
State B operates a wildfire-rescue academy. Its rules provide that only male applicants may enter the "rapid extraction" track, because academy officials believe men are "naturally better suited to carrying heavy equi...
Citations: U.S. Const. amend. XIV, United States v. Virginia, Craig v. Boren, Nevada Department of Human Resources v. Hibbs
...gogical reasons, and an unlicensed budget planner bring a substantive due process challenge. Analyze the likely level of scrutiny and constitutional outcome for each challenged section. This essay tests substantive due p...
Citations: U.S. Const. amend. XIV, Loving v. Virginia, Zablocki v. Redhail, Troxel v. Granville, Washington v. Glucksberg
...y. Common law criminal doctrine, Model Penal Code offense principles, Due process proof-beyond-a-reasonable-doubt doctrine
Citations: Common law criminal doctrine, Model Penal Code offense principles, Due process proof-beyond-a-reasonable-doubt doctrine
...luding injury, causation, redressability, associational standing, and procedural injury. This essay tests Article III standing, associational standing, environmental injury, generalized grievances, and procedural injury...
Citations: U.S. Const. art. III, sec. 2, Lujan v. Defenders of Wildlife, Friends of the Earth, Inc. v. Laidlaw Environmental Services, Inc., Hunt v. Washington State Apple Advertising Commission, Summers v. Earth Island Institute
...ther's objection. Address consent, abandonment or failure to support, due process, proof, and best interests. This question tests stepparent adoption, consent, abandonment, termination standards, and parental constitutio...
Citations: NCBE MEE Subject Matter Outline, Family Law, Santosky v. Kramer, 455 U.S. 745 (1982), Troxel v. Granville, 530 U.S. 57 (2000)
...in State L state court. State L's long-arm statute reaches as far as due process permits. AlpineGear moves to dismiss for lack of personal jurisdiction. Should State L be able to exercise specific personal jurisdiction...
Citations: World-Wide Volkswagen Corp. v. Woodson, J. McIntyre Machinery, Ltd. v. Nicastro, Walden v. Fiore
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