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Con Law Test

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5 Written Questions

5 Matching Questions

  1. Obscenity Test (Miller v. Calif)
  2. 4 Facial Attacks
  3. Standing
    Rule:
    Con Standards:
  4. Bill of Attainder
  5. Preemption Doctrine:
  1. a Legislative punishment of a
    named group or individual without
    judicial trial.
  2. b 1. Overbreath
    2. Vagueness
    3. Prior Restraints
    4. Unfettered Discretion
  3. c Plaintiff must show a concrete
    personal stake in the outcome.

    1. Injury-in fact (i.e., economic, aesthetic,
    environmental)
    2. Causation/redressibility
  4. d Any state law in
    an area where Congress intends to
    occupy the field is unconstitutional.
  5. e To be obscene the material must:
    1. Appeal to the prurient interest in
    sex;
    2. Depict sexual conduct in a patently
    offensive way; and
    3. Lack serious literary, artistic, political
    or scientific value

5 Multiple Choice Questions

  1. Congress may regulate any
    activity which has a "substantial
    economic effect" on interstate
    commerce.
  2. A state may regulate abortion
    provided no "undue burden" is
    placed on a woman's right to
    obtain an abortion.
  3. Federal court will refuse to review a case based
    on an unsettled issue of state law (Pullman)
     Federal court review prohibited where there are
    pending state criminal proceedings (Younger)
  4. "Total Spending" limits by a
    candidate- Unconstitutional
     Individual campaign contribution
    limits- Constitutional if "reasonable"
  5. 1. Make criminal conduct that was not
    a crime when committed; or
    2. Decrease the amount of evidence
    needed to convict/change the
    procedure(s) for conviction.

5 True/False Questions

  1. Statute Neutral on its Face
    Plaintiff must show:
    1) discriminatory effect, and
    2) discriminatory purpose

    To raise the burden of persuasion above
    rational basis.

          

  2. "Content Specific" RegulationA threshold requirement of
    government conduct which must be
    satisfied before private discrimination
    can be restricted under the 1st, 4th,
    14th or 15th Amendments (e.g., public
    function; significant state involvement
    or "encouragement").

          

  3. Case and Controversy
    Requirement
    Congress has the power to
    dispose of the territory or other
    property belonging to the United
    States.

          

  4. MOOTNESSA case is moot unless an actual
    controversy exists at all stages of review, unless
    the injury is capable of repetition, yet evading
    review

          

  5. Statutory Regulation of Appellate
    Jurisdiction
    1) discriminatory effect, and
    2) discriminatory purpose

    To raise the burden of persuasion above
    rational basis.

          

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