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LSB Bar Exam Core study materials
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LSB Bar Exam Core practice questions

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Question 1Civil Procedure

A plaintiff files suit in federal court alleging only a state-law breach-of-contract claim against a citizen of another state for $100,000. Which basis of subject-matter jurisdiction, if any, supports the action?

  1. Federal question jurisdiction, because contracts are governed by federal common law
  2. No federal jurisdiction, because breach of contract is exclusively a state matter
  3. Diversity jurisdiction, because the parties are citizens of different states and the amount exceeds $75,000 Correct answer.
  4. Supplemental jurisdiction, because the claim arises under state law

Explanation

Diversity jurisdiction under 28 U.S.C. § 1332 requires complete diversity of citizenship between opposing parties and an amount in controversy exceeding $75,000. Here the parties are diverse and the claim is $100,000, so the requirements are satisfied. The claim need not involve federal law.

Question 2Civil Procedure

A defendant receives proper service of a federal complaint. Under the Federal Rules, how many days does the defendant generally have to serve a responsive pleading after being served with the summons and complaint?

  1. 14 days
  2. 60 days
  3. 21 days Correct answer.
  4. 30 days

Explanation

Under Rule 12(a)(1)(A), a defendant must serve a responsive pleading within 21 days after being served with the summons and complaint. A motion under Rule 12 may alter the time if the court postpones the answer. The 21-day period runs from service, not from filing.

Question 3Civil Procedure

Which of the following is a pleading permitted under the Federal Rules of Civil Procedure?

  1. A motion for summary judgment
  2. A third-party complaint Correct answer.
  3. A notice of deposition
  4. A reply to an answer

Explanation

Rule 7(a) enumerates the pleadings allowed: a complaint, an answer, a reply to an answer when the court orders one, an answer to a crossclaim, a third-party complaint, and a third-party answer. A third-party complaint is therefore a proper pleading. Motions and discovery notices are not pleadings.

Question 4Civil Procedure

A plaintiff sues in federal court on a federal statutory claim and joins a related state-law claim against the same defendant arising from the same transaction. The state claim lacks an independent basis for federal jurisdiction. May the court hear the state claim?

  1. Yes, but only if the defendant consents
  2. Yes, under supplemental jurisdiction, because the claims share a common nucleus of operative fact Correct answer.
  3. No, because each claim must independently satisfy federal jurisdiction
  4. No, unless the amount in controversy exceeds $75,000

Explanation

Under 28 U.S.C. § 1367, a federal court with original jurisdiction over a claim may exercise supplemental jurisdiction over related claims that form part of the same case or controversy. Claims arising from the same transaction share a common nucleus of operative fact. No independent jurisdictional basis or consent is required.

Question 5Civil Procedure

A corporation is incorporated in Delaware and has its principal place of business in Texas. For diversity purposes in a suit against a California citizen, where is the corporation a citizen?

  1. Wherever it does the most business
  2. Only Delaware
  3. Only Texas
  4. Both Delaware and Texas Correct answer.

Explanation

Under 28 U.S.C. § 1332(c)(1), a corporation is a citizen of every state where it is incorporated and of the state where it has its principal place of business. This corporation is therefore a citizen of both Delaware and Texas. If either matches the opposing party's citizenship, diversity is destroyed.

Question 6Civil Procedure

A plaintiff files a complaint in federal court but never serves the defendant within the time allowed by Rule 4(m). What is the court's authority if the plaintiff shows no good cause for the delay?

  1. The court may dismiss the action without prejudice or order service within a specified time Correct answer.
  2. The court must dismiss the action with prejudice
  3. The court must enter default judgment for the plaintiff
  4. The court has no authority to act because the defendant was never served

Explanation

Rule 4(m) permits the court, after notice, to dismiss the action without prejudice or order that service be made within a specified time if the defendant is not served within 90 days. If the plaintiff shows good cause, the court must extend the time. Dismissal with prejudice or default judgment is not the prescribed remedy.

Question 7Civil Procedure

A defendant files a motion to dismiss for failure to state a claim. Which materials may the court consider when ruling on that motion?

  1. The complaint and any documents attached to or incorporated by reference in it Correct answer.
  2. All discovery obtained to date, including depositions
  3. Affidavits submitted by both parties
  4. Any evidence the judge deems reliable

Explanation

A Rule 12(b)(6) motion tests the legal sufficiency of the complaint, so the court considers the complaint and documents attached to or incorporated by reference. If the court considers matters outside the pleadings, the motion is converted to one for summary judgment under Rule 56. Discovery and affidavits are not part of this inquiry.

Question 8Civil Procedure

A plaintiff asserts a claim for negligence and, in the same action, a claim for assault arising from the same incident. The defendant believes the assault claim is legally insufficient. What procedural step is appropriate?

  1. File a motion for a more definite statement
  2. File an answer denying the assault claim and wait for trial
  3. File a motion to strike the assault claim as redundant
  4. File a motion to dismiss the assault claim for failure to state a claim Correct answer.

Explanation

A party may challenge the legal sufficiency of a particular claim by moving under Rule 12(b)(6) for failure to state a claim. This motion can target individual claims rather than the entire complaint. A motion for a more definite statement addresses vague pleadings, not legal insufficiency.

Question 9Civil Procedure

A plaintiff seeks to compel production of documents the defendant claims are protected by the attorney-client privilege. Who bears the burden of establishing that the privilege applies?

  1. The plaintiff, because the plaintiff seeks the documents
  2. The defendant, because the party asserting the privilege must establish it Correct answer.
  3. Neither party, because privilege is presumed for all attorney communications
  4. The court, because privilege is a matter of judicial administration

Explanation

The party asserting a privilege bears the burden of demonstrating that it applies to the specific communications at issue. The proponent must show the communication was made in confidence for the purpose of obtaining legal advice. Privilege is not presumed merely because an attorney is involved.

Question 10Civil Procedure

During discovery, a party serves interrogatories on the opposing party. What is the general limit on the number of interrogatories, including subparts, absent leave of court or stipulation?

  1. 10
  2. 50
  3. 25 Correct answer.
  4. Unlimited

Explanation

Under Rule 33(a)(1), a party may serve no more than 25 written interrogatories, including all discrete subparts, on another party without leave of court or written stipulation. The court may permit additional interrogatories. The limit applies per party served.

Question 11Civil Procedure

A plaintiff wants to take the deposition of a nonparty witness who resides more than 100 miles from the courthouse. What is generally required to compel the witness's attendance?

  1. A notice of deposition served on all parties
  2. A court order signed by the judge
  3. A subpoena issued under Rule 45 Correct answer.
  4. The witness's written consent

Explanation

A nonparty's attendance at a deposition is compelled by a subpoena issued under Rule 45. A party deponent is compelled by a notice of deposition, but nonparties require a subpoena. The subpoena must comply with geographic limits unless the court orders otherwise.

Question 12Civil Procedure

A defendant fails to respond to a request for admission within the time allowed. What is the effect under the Federal Rules?

  1. The request is deemed admitted, but the court may permit withdrawal or amendment on motion Correct answer.
  2. The defendant is held in contempt automatically
  3. The plaintiff must file a motion to compel before any admission takes effect
  4. The request is automatically void and must be re-served

Explanation

Under Rule 36(a)(3), a matter is admitted if the party to whom the request is directed does not respond within 30 days. The court may permit withdrawal or amendment of an admission if it would promote the merits and the requesting party is not prejudiced. Contempt and motions to compel are not the automatic consequence.

Question 13Civil Procedure

A plaintiff sues in federal court under diversity jurisdiction. Which law governs whether the statute of limitations bars the claim?

  1. The law chosen by the plaintiff in the complaint
  2. The law of the forum state, including its choice-of-law rules Correct answer.
  3. Federal common law, because the case is in federal court
  4. The law of the state where the defendant resides

Explanation

Under Erie Railroad v. Tompkins and its progeny, federal courts sitting in diversity apply state substantive law, including statutes of limitations. The forum state's choice-of-law rules determine which state's limitations period applies. Federal law does not supply a general limitations rule for state claims.

Question 14Civil Procedure

A federal court in a diversity case must decide whether to apply a state rule requiring a plaintiff to submit an expert affidavit before filing a medical malpractice complaint. Which approach best reflects the Erie analysis?

  1. Apply the state rule if it is substantive; if it is procedural, apply federal procedural rules Correct answer.
  2. Always apply the state rule, because state law governs all aspects of diversity cases
  3. Apply whichever rule the plaintiff prefers
  4. Always apply federal rules, because the Federal Rules govern procedure in federal court

Explanation

Erie and its progeny require federal courts to apply state substantive law but federal procedural law. Courts assess whether a rule is bound up with substantive rights or primarily regulates procedure, and if a Federal Rule directly conflicts, the federal rule governs if valid. Outcome determination and forum-shopping concerns inform the analysis.

Question 15Civil Procedure

A defendant wishes to assert that the plaintiff's complaint fails to state a claim and also that the court lacks personal jurisdiction. Under Rule 12, what must the defendant do to avoid waiving the personal jurisdiction defense?

  1. File a separate action challenging jurisdiction
  2. Raise personal jurisdiction at any time before trial
  3. Raise personal jurisdiction only after the motion to dismiss is denied
  4. Raise personal jurisdiction in the answer or in a pre-answer motion Correct answer.

Explanation

Rule 12(h)(1) provides that a defense of lack of personal jurisdiction is waived if not raised in a pre-answer motion or in the answer. It may be joined with other Rule 12 defenses in a single motion. Waiting until trial or filing a separate action risks waiver.

Question 16Civil Procedure

A plaintiff files suit in state court, and the defendant removes the case to federal court based on diversity. The defendant is a citizen of the forum state, and the plaintiff is a citizen of another state. Is removal proper?

  1. No, because a defendant may not remove a diversity case if the defendant is a citizen of the forum state Correct answer.
  2. No, because only plaintiffs may remove cases
  3. Yes, because the parties are diverse and the amount exceeds $75,000
  4. Yes, because the plaintiff chose the state court

Explanation

Under 28 U.S.C. § 1441(b)(2), a diversity case is not removable if any properly joined defendant is a citizen of the state in which the action was brought. This is the forum-defendant rule. Removal may still be proper on federal question grounds.

Question 17Civil Procedure

A defendant removes a case to federal court. Within how many days after receipt of the initial pleading must the notice of removal generally be filed?

  1. 10 days
  2. 30 days Correct answer.
  3. 90 days
  4. 20 days

Explanation

Under 28 U.S.C. § 1446(b)(1), the notice of removal must generally be filed within 30 days after the defendant receives a copy of the initial pleading. If the case is not initially removable, the 30-day period runs from receipt of an amended pleading or other paper showing removability. The period is not extended by later events.

Question 18Civil Procedure

A plaintiff sues two defendants in federal court. The plaintiff settles with one defendant and the court enters an order dismissing that defendant. What is the effect of that order on the finality of the judgment for purposes of appeal?

  1. The order is never appealable
  2. The order is immediately appealable because it ends the case against one party
  3. The order is not final and appealable unless the court certifies it under Rule 54(b) or the remaining claims are resolved Correct answer.
  4. The order is appealable only after the plaintiff requests it

Explanation

A judgment resolving fewer than all claims or parties is generally not final and appealable. Rule 54(b) permits the court to certify the partial judgment as final upon an express determination that there is no just reason for delay. Otherwise, the order becomes reviewable when the entire case is resolved.

Question 19Civil Procedure

A defendant believes the plaintiff's complaint is so vague that the defendant cannot reasonably prepare a response. What motion is most appropriate?

  1. Motion for judgment on the pleadings
  2. Motion for a more definite statement Correct answer.
  3. Motion to dismiss for lack of subject-matter jurisdiction
  4. Motion to strike scandalous matter

Explanation

Rule 12(e) permits a party to move for a more definite statement when a pleading is so vague or ambiguous that the party cannot reasonably be required to frame a responsive pleading. The motion must point out the defects complained of and the details desired. It is disfavored when the pleading gives fair notice.

Question 20Civil Procedure

A plaintiff asserts a claim for relief and the defendant counterclaims for a related injury. The defendant's counterclaim arises from the same transaction as the plaintiff's claim but does not require the plaintiff's presence for adjudication. How should the counterclaim be classified?

  1. Crossclaim
  2. Permissive counterclaim
  3. Third-party claim
  4. Compulsory counterclaim Correct answer.

Explanation

Under Rule 13(a), a counterclaim is compulsory if it arises out of the same transaction or occurrence as the opposing party's claim and does not require adding another party over whom the court cannot acquire jurisdiction. A permissive counterclaim lacks that transactional relationship. A crossclaim runs against a coparty.

Question 21Civil Procedure

A plaintiff files a claim against a defendant in federal court. The defendant believes the plaintiff has joined a party who is not indispensable but whose presence would destroy diversity. What is the court's most likely approach?

  1. Transfer the case to state court
  2. Dismiss the entire action for lack of jurisdiction
  3. Allow the nondiverse party to remain and exercise diversity jurisdiction
  4. Drop the nondiverse party if complete relief can be accorded among the remaining parties Correct answer.

Explanation

Under Rule 21, a court may drop a party at any stage on just terms, and courts often do so to preserve diversity when the party is not indispensable. Rule 19 governs joinder of required parties, and if joinder is not feasible the court determines whether the action should proceed. Transfer to state court is not a federal remedy.

Question 22Civil Procedure

A plaintiff sues a defendant in federal court for $80,000 in damages. During trial, the plaintiff discovers a new claim arising from the same incident. What is the plaintiff's best procedural step to add the claim?

  1. Request a default judgment
  2. File a motion for a new trial
  3. Amend the complaint under Rule 15, with leave of court or the defendant's consent Correct answer.
  4. File a separate action in state court

Explanation

Rule 15 permits a party to amend its pleadings, and leave to amend should be freely given when justice so requires. A party may amend once as a matter of course within the prescribed period, and thereafter with consent or leave. Amending the complaint is the proper method to add a related claim.

Question 23Civil Procedure

A plaintiff files a complaint in federal court. The defendant answers, and both parties conduct discovery. At trial, the plaintiff seeks to introduce evidence not disclosed during discovery. What is the court's most likely response?

  1. Admit the evidence because all relevant evidence is admissible
  2. Declare a mistrial automatically
  3. Exclude the evidence under Rule 37(c)(1) unless the failure was substantially justified or harmless Correct answer.
  4. Admit the evidence only if the defendant consents

Explanation

Rule 37(c)(1) provides that a party who fails to disclose information required by Rule 26(a) or (e) may not use the information at trial unless the failure was substantially justified or harmless. The court has discretion to impose other sanctions. Relevance alone does not overcome the disclosure obligation.

Question 24Civil Procedure

A plaintiff obtains a jury verdict in federal court. The defendant believes the verdict is against the weight of the evidence. What motion should the defendant file?

  1. Motion for a more definite statement
  2. Motion for judgment as a matter of law
  3. Motion for a new trial under Rule 59 Correct answer.
  4. Motion to dismiss for failure to state a claim

Explanation

A motion for a new trial under Rule 59 may be granted when the verdict is against the clear weight of the evidence, among other grounds. A motion for judgment as a matter of law under Rule 50 challenges the legal sufficiency of the evidence and applies a different standard. Post-trial relief must be timely requested.

Question 25Constitutional Law

Which clause of the First Amendment is primarily invoked when a law grants financial aid to religious schools?

  1. The Free Exercise Clause
  2. The Privileges or Immunities Clause
  3. The Equal Protection Clause
  4. The Establishment Clause Correct answer.

Explanation

The Establishment Clause bars laws respecting an establishment of religion, so government aid to religious institutions is analyzed under it. The Free Exercise Clause instead protects religious practice from burdens. The other two clauses appear in the Fourteenth Amendment and concern state citizenship privileges and equal protection, not religious aid.

Question 26Constitutional Law

Under the doctrine of incorporation, most protections of the Bill of Rights apply to state governments through which provision?

  1. The Due Process Clause of the Fourteenth Amendment Correct answer.
  2. The Contracts Clause
  3. The Necessary and Proper Clause
  4. The Commerce Clause

Explanation

The Supreme Court has held that the Due Process Clause of the Fourteenth Amendment incorporates most Bill of Rights guarantees against the states. This doctrine began with freedom of speech and now covers nearly all criminal procedure protections. The other clauses listed do not serve as vehicles for incorporation.

Question 27Constitutional Law

A state requires a permit before any group may hold a parade on public streets, and officials have unlimited discretion to grant or deny. How should a court most likely treat this scheme?

  1. It is valid because parades involve public property and no one has a right to march.
  2. It is an invalid prior restraint because it lacks narrow, objective standards and procedural safeguards. Correct answer.
  3. It is valid if the state charges a fee covering administrative costs.
  4. It is invalid only if the state actually denies one group a permit.

Explanation

A licensing scheme that gives officials unbounded discretion over expressive activity is a prior restraint that fails First Amendment scrutiny. Valid permit systems must contain narrow, objective, and definite standards plus prompt procedural safeguards. Cost-based fees and public forum doctrine do not cure unfettered discretion.

Question 28Constitutional Law

Which standard does the Supreme Court apply to content-neutral time, place, and manner regulations of speech in a public forum?

  1. They must be narrowly tailored to a significant government interest and leave open ample alternative channels. Correct answer.
  2. They are valid whenever the government can show a rational basis.
  3. They are presumed valid unless they discriminate against a particular viewpoint.
  4. They must survive strict scrutiny by being necessary to a compelling interest.

Explanation

Content-neutral regulations of the time, place, or manner of speech in a public forum must serve a significant government interest, be narrowly tailored, and leave open ample alternative channels. This is intermediate scrutiny. Strict scrutiny applies to content-based restrictions, and rational basis review is too deferential for speech.

Question 29Constitutional Law

A city ordinance prohibits any sign criticizing city officials. A resident challenges it after being cited. What is the most likely outcome?

  1. The ordinance is invalid only as applied to the resident who was cited.
  2. The ordinance is valid because it applies equally to everyone.
  3. The ordinance is valid as a reasonable regulation of government property.
  4. The ordinance is invalid as a viewpoint-based restriction on speech. Correct answer.

Explanation

Restrictions that single out criticism of officials target a particular viewpoint and are presumptively unconstitutional. Viewpoint discrimination is the most disfavored form of content regulation and fails strict scrutiny. Facial invalidity follows because the ordinance is substantially overbroad and targets protected expression.

Question 30Constitutional Law

Which of the following best describes the "state action" requirement in constitutional litigation?

  1. The Constitution generally restricts government conduct, not the conduct of private parties. Correct answer.
  2. State courts may not enforce constitutional rights against state officers.
  3. Only federal officials can violate the Constitution.
  4. Private parties are liable under the Constitution whenever they act unreasonably.

Explanation

Constitutional guarantees generally operate against governmental actors, so a private party's conduct is not directly actionable unless sufficient state involvement exists. State officials and state courts are fully bound by constitutional limits. The requirement thus concerns the identity of the actor, not the level of government.

Question 31Constitutional Law

A private club with a racially exclusionary membership policy receives no government funds and performs no public function. A rejected applicant sues under the Equal Protection Clause. What result?

  1. The claim succeeds because discrimination is always unconstitutional.
  2. The claim fails unless the club receives a tax exemption.
  3. The claim fails because there is no state action. Correct answer.
  4. The claim succeeds because clubs serve an important public function.

Explanation

Equal Protection Clause claims require state action, and a purely private club without government entanglement does not satisfy that requirement. The public function doctrine applies only to activities traditionally performed by government, such as elections or company towns. Receiving no funds and exercising no governmental function, the club is not a state actor.

Question 32Constitutional Law

In equal protection analysis, which level of scrutiny applies to classifications based on race?

  1. Intermediate scrutiny
  2. Strict scrutiny Correct answer.
  3. Rational basis review
  4. Deferential review

Explanation

Racial classifications are suspect and trigger strict scrutiny, requiring the government to prove a compelling interest and narrow tailoring. Intermediate scrutiny applies to sex-based classifications, and rational basis review applies to most economic and social classifications. Deferential review is not a distinct constitutional tier.

Question 33Constitutional Law

A state university adopts an admissions policy that considers race as one factor among many to achieve educational diversity, without quotas. Which standard governs its constitutionality?

  1. Intermediate scrutiny, requiring an important interest and substantial relation.
  2. No scrutiny, because universities are autonomous.
  3. Rational basis review, requiring only a legitimate interest.
  4. Strict scrutiny, requiring a compelling interest and narrow tailoring. Correct answer.

Explanation

All racial classifications, including benign ones, are reviewed under strict scrutiny. The institution must show a compelling interest and that race is used in a narrowly tailored way, without mechanical quotas. Intermediate and rational basis review are too lenient for racial preferences.

Question 34Constitutional Law

Which standard of review applies to gender-based classifications under the Equal Protection Clause?

  1. Intermediate scrutiny Correct answer.
  2. Rational basis review
  3. Strict scrutiny
  4. Absolute prohibition

Explanation

Sex-based classifications receive intermediate scrutiny and must serve an important governmental objective through means substantially related to that objective. The government must also show an exceedingly persuasive justification. Strict scrutiny applies to race, and rational basis applies to most other classifications.

Question 35Constitutional Law

A city zoning ordinance treats a group home for persons with intellectual disabilities differently from similar-sized homes for unrelated adults, requiring a special permit. What is the strongest constitutional objection?

  1. It is valid because disability is a suspect classification requiring strict scrutiny.
  2. It violates the Contracts Clause.
  3. It is valid because zoning is a traditional local police power.
  4. It may violate equal protection because classifications affecting persons with disabilities lack a rational basis. Correct answer.

Explanation

The Supreme Court has held that irrational prejudice against persons with intellectual disabilities cannot justify discriminatory zoning burdens. While disability is not a suspect classification, laws reflecting animosity or unfounded assumptions fail even rational basis review. Zoning authority does not insulate a classification from equal protection scrutiny.

Question 36Constitutional Law

Which of the following is a fundamental right triggering strict scrutiny under the Due Process Clause?

  1. The right to receive government benefits at a fixed level
  2. The right to marry Correct answer.
  3. The right to operate a business without licensing
  4. The right to practice a chosen profession

Explanation

The right to marry is a recognized fundamental liberty interest, so government restrictions on it require a compelling interest and narrow tailoring. Economic rights such as pursuing a profession or operating a business receive rational basis review. Welfare benefits are not fundamental rights.

Question 37Constitutional Law

A state statute forbids any married couple from purchasing contraceptives. Which constitutional right is most directly implicated?

  1. The right to a jury trial under the Sixth Amendment
  2. The Contracts Clause
  3. The right of marital privacy protected by substantive due process Correct answer.
  4. The right to bear arms under the Second Amendment

Explanation

Substantive due process protects a sphere of marital privacy, including decisions about contraception and intimate family matters. A ban on contraceptive purchase intrudes on that protected liberty. The other provisions address unrelated subjects and do not govern intimate personal decisions.

Question 38Constitutional Law

A public school requires students to recite a pledge and salute the flag, expelling those who refuse for religious reasons. What is the most likely holding?

  1. The requirement is valid if students may opt out with a written excuse.
  2. The requirement violates the First Amendment because the state cannot compel ideological affirmation. Correct answer.
  3. The requirement is valid because schools may compel patriotism.
  4. The requirement is valid because the flag salute is not speech.

Explanation

Compelling students to salute and pledge violates the First Amendment because the government may not coerce affirmation of belief or ideological orthodoxy. The right to refrain from speaking is part of freedom of conscience. A written excuse requirement still burdens the right by conditioning exemption on disclosure and official permission.

Question 39Constitutional Law

Which test governs whether government funding of religious institutions violates the Establishment Clause in the modern approach?

  1. Whether the aid is distributed by a religious official
  2. Whether the aid is approved by a majority of voters
  3. Whether the religious institution has a large congregation
  4. Whether the aid has a secular purpose, does not have the primary effect of advancing religion, and does not excessively entangle church and state Correct answer.

Explanation

The Court's familiar framework asks whether a law has a secular purpose, whether its primary effect is to advance or inhibit religion, and whether it creates excessive entanglement. Neutral aid programs that reach religious institutions through private choice are more likely to survive. The other options describe no recognized constitutional test.

Question 40Constitutional Law

A state unemployment agency denies benefits to a worker who was fired for refusing to work on his Sabbath. What is the most likely constitutional result?

  1. Denial is valid because unemployment benefits are a privilege.
  2. Denial is valid because the Free Exercise Clause applies only to federal law.
  3. Denial violates the Free Exercise Clause unless the state shows a compelling interest. Correct answer.
  4. Denial is valid because the state may never accommodate religion.

Explanation

Where a state's denial of benefits burdens a sincere religious practice, the Free Exercise Clause requires the state to demonstrate a compelling interest served by the least restrictive means. Denying benefits solely because of Sabbath observance penalizes religious practice. The Free Exercise Clause applies to the states through incorporation.

Question 41Constitutional Law

Under current doctrine, which standard applies to a neutral law of general applicability that incidentally burdens religious practice?

  1. Intermediate scrutiny, because religion is quasi-suspect
  2. No review, because religion is beyond judicial scrutiny
  3. Rational basis review, because the law does not target religion Correct answer.
  4. Strict scrutiny, because any burden on religion is suspect

Explanation

Neutral, generally applicable laws that incidentally burden religion receive rational basis review and need not satisfy strict scrutiny. The Free Exercise Clause forbids targeting religion or creating individualized exemptions that invite discrimination. Courts still examine whether a law is truly neutral and generally applicable.

Question 42Constitutional Law

Which of the following is required before a court will find that a criminal defendant's right to counsel has been violated at trial?

  1. The defendant was denied the assistance of counsel at a critical stage, or counsel's performance was deficient and prejudicial. Correct answer.
  2. The defendant disagreed with counsel's strategic choices.
  3. The defendant was convicted after a fair trial.
  4. The defendant had counsel appointed at public expense.

Explanation

The Sixth Amendment guarantees counsel at critical stages of criminal proceedings and effective assistance of that counsel. Ineffectiveness requires both deficient performance and a reasonable probability of a different outcome. Disagreement with strategy or the mere appointment of counsel does not establish a violation.

Question 43Constitutional Law

A police officer stops a car without probable cause or reasonable suspicion and finds contraband in plain view. The driver moves to suppress. What is the most likely ruling?

  1. The evidence is suppressed only if the officer acted in bad faith.
  2. The evidence is suppressed because the stop violated the Fourth Amendment. Correct answer.
  3. The evidence is admissible because traffic stops are exempt from the Fourth Amendment.
  4. The evidence is admissible because contraband was in plain view.

Explanation

A traffic stop is a seizure requiring at least reasonable suspicion of a violation. Evidence discovered through an unconstitutional stop is generally excluded under the fruit of the poisonous tree doctrine. The plain view doctrine cannot justify a seizure that follows from an unlawful detention.

Question 44Constitutional Law

Which standard must police satisfy to conduct a warrantless search of a person's home incident to arrest?

  1. A warrant is generally required absent consent or exigent circumstances. Correct answer.
  2. No justification is needed once an arrest occurs anywhere.
  3. Only reasonable suspicion is needed.
  4. A supervisor's approval is sufficient in place of a warrant.

Explanation

The home receives heightened Fourth Amendment protection, and warrantless entry generally requires consent or exigent circumstances. An arrest does not automatically authorize a full search of the home. Reasonable suspicion and supervisory approval do not substitute for a warrant or a recognized exception.

Question 45Constitutional Law

A state enacts a law that bans all abortions except to save the pregnant person's life. Which constitutional standard would a court apply to assess the ban?

  1. Rational basis review, because abortion is an economic matter
  2. The undue burden standard, asking whether the law has the purpose or effect of placing a substantial obstacle in the path of abortion access Correct answer.
  3. Strict scrutiny, because all medical regulations are suspect
  4. No review, because states have plenary authority over health

Explanation

Courts assess abortion regulations under the undue burden standard, which asks whether a law creates a substantial obstacle to access before viability. Laws that amount to a de facto prohibition impose an undue burden. Rational basis and plenary authority arguments misstate the governing framework.

Question 46Constitutional Law

Which clause of the Constitution gives Congress the power to regulate commerce among the states?

  1. The Commerce Clause Correct answer.
  2. The Ex Post Facto Clause
  3. The Takings Clause
  4. The Speech or Debate Clause

Explanation

Article I grants Congress power to regulate commerce with foreign nations, among the several states, and with Indian tribes. The Commerce Clause has supported broad federal regulation of economic activity affecting interstate commerce. The other clauses concern property, legislative immunity, and retroactive punishment.

Question 47Constitutional Law

A state levies a tax that discriminates against interstate commerce by taxing out-of-state goods more heavily than identical in-state goods. How is the tax evaluated?

  1. It is valid because states may tax goods within their borders.
  2. It is invalid only if the tax exceeds one percent.
  3. It is valid if the revenue funds local services.
  4. It is virtually per se invalid under the dormant Commerce Clause. Correct answer.

Explanation

Discriminatory state taxes on interstate commerce are virtually per se invalid under the dormant Commerce Clause unless the state can show a legitimate local purpose that cannot be served by reasonable nondiscriminatory alternatives. A state may tax within its borders, but not in a way that favors local economic interests. Revenue use and arbitrary thresholds do not cure discrimination.

Question 48Constitutional Law

Which of the following best describes the doctrine of standing in federal court?

  1. A plaintiff must show only a generalized grievance shared by many citizens.
  2. A plaintiff must obtain congressional authorization to sue.
  3. A plaintiff must first exhaust all state remedies.
  4. A plaintiff must show injury in fact, causation, and redressability. Correct answer.

Explanation

Article III standing requires a concrete and particularized injury in fact, fairly traceable to the defendant, and likely to be redressed by a favorable decision. Generalized grievances are insufficient. Exhaustion and congressional authorization are separate doctrines and not the core standing test.

Question 49Contracts

A customer sends a retailer a signed purchase order for 500 chairs at $40 each, stating that the offer will stay open until Friday. On Wednesday the retailer mails a signed acceptance that arrives Thursday. Which statement best describes the parties' obligations?

  1. No contract exists because a purchase order for goods must be accepted by performance only.
  2. A contract exists as soon as the acceptance is mailed, because the mailbox rule governs unless the offer says otherwise. Correct answer.
  3. No contract exists because the customer never received consideration for keeping the offer open.
  4. No contract exists until the retailer's acceptance actually reaches the customer on Thursday.

Explanation

Under the mailbox rule, an acceptance by a reasonable medium is effective when dispatched, not when received, unless the offer provides otherwise or the option is irrevocable. The customer's promise to hold the offer open is unenforceable without consideration, but that only affects revocability, not the timing of acceptance.

Question 50Contracts

Which of the following promises is most likely to be enforced despite the absence of consideration under the doctrine of promissory estoppel?

  1. A developer's promise of a $50,000 subsidy on which a contractor foreseeably relies by buying specialized equipment. Correct answer.
  2. A promise to make a gift to a favorite charity announced at a fundraising dinner.
  3. A homeowner's promise to pay a neighbor for painting the house, made after the neighbor finished the job.
  4. An uncle's promise to give his nephew $10,000 upon graduation from college.

Explanation

Promissory estoppel requires a promise, reasonable and foreseeable reliance, actual reliance, and injustice absent enforcement. The developer's promise induced foreseeable detrimental reliance by the contractor, satisfying every element.