I85PREP
⌘ K
CA Bar study materials
CA Bar study resources

CA Bar practice questions

One question at a time. Build your CA Bar understanding.

First 50 of 200 questions. Each one lists the choices, the correct answer, and an explanation. The checker at the top of this page saves progress in this browser when it is available.

Continue in the practice tool above to load more questions, 50 at a time.

Question 1Civil Procedure

Plaintiff, a citizen of Texas, sues Defendant, a citizen of Oklahoma, in federal court for breach of contract. She seeks $80,000 in damages. Defendant moves to dismiss for lack of subject matter jurisdiction. How should the court rule?

  1. Deny the motion; diversity and the amount requirement are satisfied. Correct answer.
  2. Deny the motion only if both parties consent to federal jurisdiction.
  3. Grant the motion, because federal courts lack jurisdiction over state-law contract claims.
  4. Grant the motion, because the amount in controversy must exceed $100,000.

Explanation

Federal diversity jurisdiction requires complete diversity of citizenship and an amount in controversy exceeding $75,000, exclusive of interest and costs. The parties are diverse and the plaintiff seeks $80,000, so subject matter jurisdiction exists.

Question 2Civil Procedure

A Nevada company sells widgets nationwide through a website. It has no offices or employees in California. A California resident bought a widget through the site, and the widget malfunctioned. The company made 20 such sales into California in the past year. The resident sues in California state court. Does the court have specific personal jurisdiction?

  1. No, because 20 sales are too few to support general jurisdiction.
  2. Yes, but only if the company's California revenue exceeds 10% of total sales.
  3. Yes, because the claim arises out of the company's purposeful sales into California. Correct answer.
  4. No, because the company has no offices or employees in California.

Explanation

Specific personal jurisdiction requires purposeful contact with the forum and a claim arising out of or relating to that contact. Purposefully shipping products into California, even in a modest number of sales, can support jurisdiction over a claim caused by those products.

Question 3Civil Procedure

Plaintiff sues Defendant in federal court in the District of Nevada. Plaintiff resides in Nevada, Defendant resides in Arizona, and the events occurred in Arizona. Defendant moves to dismiss or transfer for improper venue. How should the court rule?

  1. Deny the motion, because venue is proper wherever the defendant is subject to personal jurisdiction.
  2. Grant the motion, because venue is proper only where the plaintiff resides.
  3. Deny the motion, because the plaintiff's residence establishes venue.
  4. Grant the motion, because venue is improper in Nevada. Correct answer.

Explanation

In a federal civil action, venue is proper in a district where any defendant resides if all defendants reside in the same state, where a substantial part of the events occurred, or where property at issue is located. Here the defendant resides in Arizona and the events occurred there, so Nevada is not a proper venue.

Question 4Civil Procedure

Plaintiff files a removable case in state court and serves Defendant on January 2. Defendant files an answer on February 1. On February 20, Defendant learns for the first time that the case is removable. Defendant files a notice of removal on March 1. Is the removal timely?

  1. No, because the defendant did not obtain the plaintiff's consent to removal.
  2. Yes, because the defendant filed the notice within 30 days of learning the case was removable.
  3. Yes, because filing an answer does not waive the right to remove.
  4. No, because the notice was filed more than 30 days after service. Correct answer.

Explanation

A notice of removal generally must be filed within 30 days after the defendant receives the initial pleading or is served. Later learning that a case is removable does not extend that deadline unless the defendant receives an amended pleading or other paper showing removability.

Question 5Civil Procedure

Which of the following must a federal complaint contain?

  1. A verified statement of every fact supporting each element of the claim.
  2. A list of all witnesses and documents the plaintiff will use at trial.
  3. A short and plain statement of the grounds for jurisdiction and the claim for relief. Correct answer.
  4. A legal brief citing the statutes and cases that support the claim.

Explanation

Federal Rule of Civil Procedure 8 requires a short and plain statement of the grounds for jurisdiction, the claim showing entitlement to relief, and a demand for the relief sought. Detailed evidence, witness lists, and legal argument are not required in the complaint.

Question 6Civil Procedure

Defendant files a motion to dismiss for failure to state a claim under Rule 12(b)(6). After the motion is denied, Defendant moves to dismiss for lack of personal jurisdiction. What is the effect of the earlier motion?

  1. The personal jurisdiction defense remains available because it was raised before trial.
  2. The personal jurisdiction defense is waived because it was omitted from the first Rule 12 motion. Correct answer.
  3. The personal jurisdiction defense is preserved because the first motion was not based on jurisdiction.
  4. The personal jurisdiction defense may be raised only on appeal.

Explanation

A motion raising a Rule 12(b) defense must include every available Rule 12(b) defense then available. Omitting the personal jurisdiction defense from the first Rule 12 motion waives it.

Question 7Civil Procedure

Plaintiff sues Defendant for breach of a construction contract. Defendant believes Plaintiff also failed to pay for extra work arising from the same contract. If Defendant does not assert that claim in the action, what happens?

  1. The claim may be brought later because it is a permissive counterclaim.
  2. The claim is likely barred as a compulsory counterclaim that had to be asserted. Correct answer.
  3. The claim is barred only if the court expressly dismisses it.
  4. The claim may be brought later only if the amount exceeds $75,000.

Explanation

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 parties over whom the court lacks jurisdiction. A compulsory counterclaim omitted from the action is generally barred in later litigation.

Question 8Civil Procedure

Plaintiff sues Defendant in federal court for copyright infringement. Plaintiff also asserts a state-law defamation claim against the same defendant based on unrelated statements made years earlier. The defamation claim does not share any common nucleus of operative fact with the copyright claim. May the court exercise supplemental jurisdiction over the defamation claim?

  1. No, because the state claim is not part of the same case or controversy as the federal claim. Correct answer.
  2. Yes, because both claims are between the same parties.
  3. No, because defamation claims are always outside supplemental jurisdiction.
  4. Yes, because the court has federal question jurisdiction over the copyright claim.

Explanation

Supplemental jurisdiction extends to claims that are so related to the claim with original jurisdiction that they form part of the same case or controversy. Unrelated state-law claims between the same parties do not qualify.

Question 9Civil Procedure

An attorney interviews a witness and prepares a memorandum summarizing the interview. The opposing party seeks the memorandum in discovery. What is the best statement of the protection available?

  1. The memorandum must be produced because it contains factual information.
  2. The memorandum is absolutely privileged and can never be discovered.
  3. The memorandum is protected as work product unless the opponent shows substantial need and undue hardship. Correct answer.
  4. The memorandum is discoverable only if the witness is unavailable for trial.

Explanation

Documents prepared in anticipation of litigation are generally protected as work product. Opinion work product receives stronger protection, but factual work product may be discoverable upon a showing of substantial need and undue hardship.

Question 10Civil Procedure

Under the Federal Rules of Civil Procedure, which item must generally be disclosed in initial disclosures without a discovery request?

  1. The identity of witnesses the disclosing party may use to support its claims or defenses.
  2. Every document in the disclosing party's possession. Correct answer.
  3. The names of all witnesses the opposing party might call.
  4. The complete transcript of every witness interview.

Explanation

Rule 26(a)(1) requires initial disclosure of witnesses and documents a party may use to support its claims or defenses, a damages computation, and insurance agreements. It does not require production of every document or the opponent's witness list.

Question 11Civil Procedure

Defendant moves for summary judgment. Plaintiff responds with evidence that creates a genuine dispute about a fact essential to Plaintiff's claim. How should the court rule?

  1. Grant the motion unless Plaintiff requests a jury trial.
  2. Grant the motion if Defendant's evidence is more persuasive.
  3. Deny the motion because there is a genuine dispute of material fact. Correct answer.
  4. Deny the motion only if Plaintiff has expert testimony.

Explanation

Summary judgment is appropriate only when there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. The court views the evidence in the nonmovant's favor and does not weigh credibility.

Question 12Civil Procedure

Plaintiff timely files a complaint against an unknown defendant described as "John Doe." After the limitations period expires, Plaintiff seeks leave to amend to name the actual defendant. When may the amendment relate back to the original filing?

  1. Whenever the plaintiff did not know the defendant's name at the time of filing.
  2. Automatically, because the original complaint was timely filed.
  3. Only if the new defendant received notice and knew the action would have been brought against it but for a mistake concerning identity. Correct answer.
  4. Only if the new defendant consents to relation back.

Explanation

Under Rule 15(c)(1)(C), an amendment changing or naming a party relates back only if the new party received notice and knew or should have known that the action would have been brought against it but for a mistake concerning identity, within the period for service. Lack of knowledge of the name alone is generally not a mistake concerning identity.

Question 13Civil Procedure

Which claim is ordinarily entitled to a jury trial in federal court?

  1. A breach of contract claim seeking money damages. Correct answer.
  2. A motion to quash a subpoena.
  3. A petition for a writ of habeas corpus.
  4. A request for an injunction against a continuing trespass.

Explanation

The Seventh Amendment preserves the right to a jury trial in suits at common law where the amount in controversy exceeds $20. A breach of contract claim for damages is a classic legal claim.

Question 14Civil Procedure

After Plaintiff presents her case, Defendant moves for judgment as a matter of law. What standard should the court apply?

  1. Grant the motion if Defendant's evidence is more credible.
  2. Grant the motion only if Plaintiff agrees to dismiss the claim.
  3. Grant the motion if the jury is likely to be confused by the evidence.
  4. Grant the motion only if no reasonable jury could find for Plaintiff on the evidence. Correct answer.

Explanation

Judgment as a matter of law is granted when, viewing the evidence in the light most favorable to the nonmoving party, no reasonable jury could find for that party. The court does not assess credibility.

Question 15Civil Procedure

A jury returns a verdict that the trial judge believes is against the clear weight of the evidence. What is the judge's most appropriate remedy?

  1. Increase the damages award without a new trial.
  2. Enter judgment for the losing party notwithstanding the verdict.
  3. Dismiss the case with prejudice.
  4. Order a new trial. Correct answer.

Explanation

A court may grant a new trial when the verdict is against the clear weight of the evidence, when damages are excessive, or when other trial errors affected substantial rights. Judgment as a matter of law requires a stricter legal standard.

Question 16Civil Procedure

Plaintiff sues Defendant and the court dismisses the case for lack of subject matter jurisdiction. Plaintiff later sues Defendant again on the same claim in a court with jurisdiction. Does claim preclusion bar the second suit?

  1. No, because a dismissal for lack of jurisdiction is not a judgment on the merits. Correct answer.
  2. No, because the first case was dismissed before trial.
  3. Yes, because claim preclusion applies to all dismissals.
  4. Yes, because the first case ended in a final judgment.

Explanation

Claim preclusion requires a final judgment on the merits by a court of competent jurisdiction. A dismissal for lack of subject matter jurisdiction is not on the merits and therefore does not bar a later action.

Question 17Civil Procedure

In an earlier case, B had a full and fair opportunity to litigate whether a contract was enforceable and the court decided that issue against B. In a later case, C sues B on a different claim that depends on the same contract issue. May C use issue preclusion against B?

  1. No, because issue preclusion applies only to the same claim.
  2. Yes, if B had a full and fair opportunity to litigate the issue and using preclusion is not unfair. Correct answer.
  3. Yes, but only if the first case resulted in a jury verdict.
  4. No, because C was not a party to the first case.

Explanation

Federal courts permit nonmutual defensive or offensive issue preclusion when the party against whom it is asserted had a full and fair opportunity to litigate the issue and its use is not unfair. The precluding party need not have been a party to the first action.

Question 18Civil Procedure

A federal court sits in diversity to hear a state-law tort claim. The state's highest court requires clear and convincing evidence before punitive damages may be awarded. The federal rules ordinarily use a preponderance standard for damages. Which evidentiary standard governs punitive damages?

  1. The preponderance standard, because federal courts always apply federal procedural rules.
  2. Neither standard, because the jury decides without instructions.
  3. Clear and convincing evidence, because the state rule is substantive. Correct answer.
  4. The preponderance standard, because punitive damages are discretionary.

Explanation

Under Erie, a federal court sitting in diversity applies state substantive law. A state's heightened evidentiary standard for punitive damages is treated as substantive and governs in federal court.

Question 19Civil Procedure

Plaintiff seeks to certify a class under Rule 23. What must the court find before certification?

  1. That the defendant agrees to class treatment.
  2. That every class member has filed a separate claim.
  3. That the class meets the Rule 23(a) requirements and one Rule 23(b) category. Correct answer.
  4. That the class claims are identical in every respect.

Explanation

Class certification requires numerosity, commonality, typicality, and adequacy under Rule 23(a), plus satisfaction of one of the Rule 23(b) categories. The claims need not be identical, and the defendant's consent is not required.

Question 20Civil Procedure

In federal court, when may a party generally appeal a district court decision as of right?

  1. After any interlocutory order that the party dislikes.
  2. Only after the district court certifies the case for appeal.
  3. After the district court enters a final judgment. Correct answer.
  4. Whenever the district court denies a motion to dismiss.

Explanation

The final judgment rule generally permits an appeal only after the district court has entered a final decision disposing of the case. Interlocutory appeals are limited exceptions.

Question 21Civil Procedure

A district court denies a motion to dismiss on a controlling question of law. What is required for an interlocutory appeal under 28 U.S.C. § 1292(b)?

  1. The district court enters final judgment on all claims.
  2. The district court certifies the order and the court of appeals agrees to hear the appeal. Correct answer.
  3. The parties stipulate that the issue is important.
  4. The losing party files a notice of appeal within 30 days.

Explanation

Section 1292(b) permits an interlocutory appeal when the district court certifies that the order involves a controlling question of law, there is substantial ground for difference of opinion, and immediate appeal may materially advance the litigation, and the court of appeals then accepts the appeal.

Question 22Civil Procedure

Which method is sufficient to serve an individual defendant with process in a federal action?

  1. Mailing the complaint by ordinary first-class mail without any acknowledgment.
  2. Leaving the summons with the defendant's attorney without authorization.
  3. Delivering a copy of the summons and complaint to the defendant personally. Correct answer.
  4. Publishing a notice in a newspaper without a court order.

Explanation

Rule 4 permits personal delivery to the individual, leaving copies at the individual's dwelling with a suitable person, or delivery pursuant to state law. Ordinary mail without acknowledgment and unauthorized delivery to counsel are generally insufficient.

Question 23Civil Procedure

A corporation is incorporated in Delaware, has its principal place of business in Ohio, and operates a large factory in California that generates 30% of its revenue. Plaintiff sues the corporation in California on a claim unrelated to the factory. Is general personal jurisdiction proper in California?

  1. Yes, because the corporation's factory is located in California.
  2. No, because general jurisdiction requires consent from the corporation.
  3. No, because the corporation is not essentially at home in California. Correct answer.
  4. Yes, because the corporation has substantial business operations in California.

Explanation

A corporation is generally subject to general jurisdiction only where it is essentially at home, typically its place of incorporation or principal place of business. Substantial in-state business alone does not make it at home in every state where it operates.

Question 24Civil Procedure

A plaintiff files a federal case in a district that is a proper venue but is inconvenient for the parties and witnesses. The defendant moves to transfer under 28 U.S.C. § 1404(a). What must the court consider?

  1. Whether the defendant resides in the proposed district.
  2. Whether the case could have been filed in the proposed district only.
  3. Whether the plaintiff selected the forum in bad faith.
  4. Whether transfer serves convenience and the interest of justice to a district where the case could have been brought. Correct answer.

Explanation

Section 1404(a) permits transfer to another district where the action could have been brought when transfer is convenient for the parties and witnesses and in the interest of justice. The original venue must be proper.

Question 25Civil Procedure

In California state court, a defendant believes that the complaint fails to state facts sufficient to constitute a cause of action. What is the proper procedural device?

  1. A motion for summary judgment.
  2. A motion for judgment notwithstanding the verdict.
  3. A demurrer. Correct answer.
  4. A motion to strike the answer.

Explanation

In California, a demurrer challenges the legal sufficiency of a pleading, including whether the complaint states a cause of action. A summary judgment motion challenges the evidence, and a motion to strike challenges improper matter in a pleading.

Question 26Civil Procedure

Plaintiff, a citizen of Nevada, sues Defendant, a citizen of California, in California state court on a state-law negligence claim, seeking $200,000. Defendant would prefer to litigate in federal court and files a notice of removal within 30 days of being served. Is removal proper?

  1. No, because Defendant is a citizen of the forum state and the only basis for federal jurisdiction is diversity. Correct answer.
  2. Yes, provided Defendant files the notice of removal within 30 days after the complaint was filed in state court.
  3. Yes, because the parties are completely diverse and the amount in controversy exceeds $75,000.
  4. No, because only cases presenting a federal question may be removed from state court.

Explanation

Under 28 U.S.C. § 1441(b)(2), a case that is removable solely on diversity grounds may not be removed if any defendant is a citizen of the state where the action was filed. Because the sole basis here is diversity and Defendant is a California citizen, removal is barred. The thirty-day clock runs from service of process, not from the filing of the complaint.

Question 27Civil Procedure

In a federal action, Plaintiff needs documents from a witness who is not a party to the lawsuit. Which discovery device is the proper means of obtaining those documents from the nonparty?

  1. A notice of deposition served under Rule 30 without any subpoena.
  2. A request for admission served under Rule 36.
  3. A subpoena issued under Rule 45 commanding production of the documents. Correct answer.
  4. Interrogatories served under Rule 33.

Explanation

Rule 45 authorizes a subpoena directing a nonparty to produce documents or to appear for a deposition and bring documents. Interrogatories and requests for admission are available only against parties. A nonparty's attendance or production is compelled by subpoena, not by mere notice.

Question 28Civil Procedure

Plaintiff, a citizen of State A, sues Defendant One, a citizen of State B, in federal court on a contract that Defendant One and Defendant Two signed jointly. Defendant Two is a citizen of State A, so joining Defendant Two would destroy complete diversity. What should the court do?

  1. Allow the suit to proceed against Defendant One alone, because a plaintiff may choose whom to sue.
  2. Join Defendant Two and remand the case to state court, since joinder eliminates diversity jurisdiction.
  3. Determine whether Defendant Two is a required party whose joinder is not feasible and, if so, decide under Rule 19(b) whether the action should be dismissed. Correct answer.
  4. Dismiss the action immediately, because complete diversity is a jurisdictional requirement that cannot be satisfied.

Explanation

Rule 19(a) asks whether the absent person is required for complete relief or has an interest that would be impaired; if joinder is not feasible because it would destroy diversity, Rule 19(b) governs whether the party is indispensable and the action must be dismissed. The court weighs factors such as prejudice to the absentee and the plaintiff's interest in a forum. Only after that analysis may dismissal follow.

Question 29Civil Procedure

Plaintiff sues in federal court for breach of contract, seeking $250,000 in damages that must be proven rather than computed from a fixed sum. Defendant is properly served but neither appears nor answers. Plaintiff applies for default judgment. What is the proper procedure?

  1. The court must ascertain the amount of damages, for example through a hearing, before entering judgment, because the claim is not for a sum certain. Correct answer.
  2. Plaintiff must first demand a jury trial on liability before any default judgment may be entered.
  3. The clerk must enter judgment for $250,000, because the complaint's demand fixes the amount and the defendant has defaulted.
  4. The clerk may enter judgment once Plaintiff files an affidavit stating the amount owed.

Explanation

Rule 55(a) permits the clerk to enter default, but under Rule 55(b)(1) the clerk may enter a default judgment only when the claim is for a sum certain or can be made certain by computation. When the damages must be proven, the plaintiff must apply to the court, which may hold a hearing to determine the amount. The defendant's default admits liability but not the amount of unliquidated damages.

Question 30Civil Procedure

Plaintiff sues Defendant, a resident of State B who has no home, business, or property in State A, over an accident that occurred entirely in State B. While Defendant is changing planes at a State A airport during a layover, a process server personally hands her the summons and complaint. Does the State A federal court have personal jurisdiction over Defendant?

  1. Yes, but only if Defendant owns property located in State A.
  2. No, because merely transiting through a state does not amount to purposeful availment of that state's laws.
  3. Yes, because personal service on an individual physically present in the forum state supports general jurisdiction, even over claims unrelated to the forum. Correct answer.
  4. No, because the claim does not arise out of or relate to any contact Defendant has with State A.

Explanation

In-state personal service on an individual who is voluntarily present in the forum supports general jurisdiction, permitting suit on claims having no connection to the forum; the Supreme Court upheld this traditional transient-presence rule in Burnham v. Superior Court. Purposeful availment analysis is a substitute for presence, not an additional hurdle when the defendant is served while physically in the state. Property ownership is not required.

Question 31Constitutional Law

Which case established the principle that the Supreme Court may declare an act of Congress unconstitutional?

  1. Gibbons v. Ogden
  2. McCulloch v. Maryland
  3. Barron v. Baltimore
  4. Marbury v. Madison Correct answer.

Explanation

Marbury v. Madison established judicial review, the power of federal courts to invalidate legislative or executive acts that conflict with the Constitution. The other cases addressed implied powers, commerce, and incorporation, not the origin of judicial review.

Question 32Constitutional Law

Under the Commerce Clause, Congress may regulate intrastate activity that substantially affects interstate commerce, even if the effect is indirect. Which case best illustrates this principle?

  1. Printz v. United States
  2. Wickard v. Filburn Correct answer.
  3. New York v. United States
  4. United States v. Lopez

Explanation

Wickard v. Filburn allowed Congress to regulate wheat grown for home consumption because the aggregated effect on interstate commerce was substantial. Lopez limited Commerce Clause power over noneconomic activity, while Printz and New York addressed commandeering of state officials.

Question 33Constitutional Law

When a federal statute conflicts with a state law, and Congress has validly acted within its constitutional powers, the state law is:

  1. Remanded to state court for balancing
  2. Invalid under the Supremacy Clause Correct answer.
  3. Upheld if the state law was enacted later
  4. Upheld if the state law serves a local police power

Explanation

The Supremacy Clause makes federal law supreme when Congress acts within its constitutional authority, so a conflicting state law is invalid. Neither a later enactment nor a state police-power purpose saves a state law that conflicts with valid federal law.

Question 34Constitutional Law

The doctrine of selective incorporation holds that:

  1. Most Bill of Rights protections apply to the states via the Fourteenth Amendment Correct answer.
  2. Only the First Amendment's protections apply to the states; the other amendments do not
  3. Every provision of the Bill of Rights applies to the states in exactly the same manner as to the federal government
  4. No provision of the Bill of Rights applies to the states unless the state constitution adopts it

Explanation

Selective incorporation applies most, but not all, Bill of Rights protections to the states through the Fourteenth Amendment Due Process Clause. Provisions such as the grand jury indictment requirement and civil jury trial right have not been incorporated.

Question 35Constitutional Law

Which classification receives strict scrutiny under the Equal Protection Clause?

  1. Race Correct answer.
  2. Age
  3. Gender
  4. Wealth

Explanation

Race is a suspect classification, so government action using race must serve a compelling interest and be narrowly tailored. Gender receives intermediate scrutiny, while age and wealth generally receive rational basis review.

Question 36Constitutional Law

A licensing scheme that requires a permit before a parade may be held is a prior restraint. Such a scheme is generally:

  1. Presumptively unconstitutional unless it has objective standards and safeguards Correct answer.
  2. Valid without any standards because parades are a traditional use of public streets
  3. Valid because parades are public events that the state may regulate however it chooses
  4. Unconstitutional only if applied to the press

Explanation

Prior restraints are presumptively unconstitutional and must contain narrow, objective standards and procedural safeguards to prevent censorship. A licensing scheme without such limits gives officials undue discretion over speech.

Question 37Constitutional Law

The Fifth Amendment privilege against self-incrimination protects:

  1. Only statements made in open court under oath
  2. Only written statements signed by the suspect
  3. All physical evidence, such as documents and blood samples, in a suspect's possession
  4. Compelled testimonial communication that is incriminating Correct answer.

Explanation

The privilege protects compelled testimonial communication that is incriminating, such as requiring a suspect to reveal knowledge. It does not protect nontestimonial physical evidence like blood samples or fingerprints.

Question 38Constitutional Law

Under the Sixth Amendment, an indigent criminal defendant has the right to appointed counsel:

  1. Only on direct appeal after conviction and sentencing
  2. Only if the defendant requests counsel in writing before trial
  3. Only in capital cases where the death penalty is sought and the defendant is indigent
  4. In felony prosecutions and in misdemeanor cases where imprisonment is imposed Correct answer.

Explanation

Gideon v. Wainwright guarantees appointed counsel in felony prosecutions, and Argersinger v. Hamlin extends the right to misdemeanor cases where imprisonment is actually imposed. The right does not depend on a written request or limit itself to capital cases.

Question 39Constitutional Law

A plaintiff sues to challenge a federal statute that funds a program she opposes. She alleges only that the statute is unconstitutional and that she is a taxpayer. Under Article III standing doctrine, her suit is most likely:

  1. Allowed, because an allegation that a statute is unconstitutional alone confers standing
  2. Dismissed, because federal courts never hear constitutional claims challenging spending
  3. Allowed, because any federal taxpayer may challenge any federal spending measure
  4. Dismissed, because a generalized taxpayer grievance is insufficient Correct answer.

Explanation

Article III standing requires a concrete injury, and a taxpayer's generalized grievance about federal spending is ordinarily insufficient. A narrow exception exists for Establishment Clause challenges to congressional spending, but it does not apply to generalized constitutional objections.

Question 40Constitutional Law

A state law allows a 16-year-old to be tried as an adult, but the trial is completed before appellate review. A challenge to the law is likely:

  1. Reviewable only if the state expressly consents to appellate review of the issue
  2. Reviewable under the capable-of-repetition-yet-evading-review exception Correct answer.
  3. Barred because the plaintiff is no longer in custody and has no live stake
  4. Barred as moot in all circumstances, even when the challenged action is short in duration

Explanation

The capable-of-repetition-yet-evading-review exception allows courts to hear cases that are too short in duration to be fully litigated before becoming moot. Challenges to short-term juvenile transfer or trial procedures often fit this exception.

Question 41Constitutional Law

A state imposes a tax on out-of-state wineries that is higher than the tax on in-state wineries. This law is most likely:

  1. Invalid because states may not tax alcohol at all under the Commerce Clause
  2. Valid under the Twenty-First Amendment because alcohol is a unique local concern
  3. Invalid because it discriminates against interstate commerce Correct answer.
  4. Valid because alcohol regulation is a traditional local concern

Explanation

Under the dormant Commerce Clause, state laws that discriminate against interstate commerce are generally invalid unless the state can show a legitimate local purpose that cannot be served by reasonable nondiscriminatory alternatives. The Twenty-First Amendment does not authorize economic protectionism against out-of-state alcohol producers.

Question 42Constitutional Law

Congress conditions receipt of federal highway funds on a state's raising its drinking age to 21. The condition is generally valid if it:

  1. Is coercive regardless of amount
  2. Is unrelated to the federal interest Congress seeks to advance
  3. Requires the state to surrender a core sovereign function to the federal government
  4. Is related to the federal interest and not coercive Correct answer.

Explanation

Under South Dakota v. Dole, conditional spending is valid if it promotes the general welfare, the condition is unambiguous, it is related to the federal interest, and it does not cross the line from pressure to coercion. A small percentage of highway funds was upheld as noncoercive.

Question 43Constitutional Law

A private club excludes members based on race. The club receives no government funds and performs no public function. The Equal Protection Clause:

  1. Applies, because the club has a liquor license
  2. Does not apply, because there is no state action Correct answer.
  3. Applies, because clubs are public accommodations
  4. Applies, because discrimination is always unconstitutional

Explanation

The Equal Protection Clause constrains government action, so private discrimination is not directly actionable unless there is sufficient state action. Receiving no government funds and performing no public function means the club's conduct is private.

Question 44Constitutional Law

A state terminates welfare benefits without a hearing. Under Mathews v. Eldridge, the court balances:

  1. The state's police power against the contract clause
  2. Only whether the benefit is a property right
  3. Only the cost to the state
  4. Private interest, risk of error, and government interest Correct answer.

Explanation

Mathews v. Eldridge balances the private interest affected, the risk of erroneous deprivation under the current procedures and the value of additional safeguards, and the government's interest, including administrative burden. No single factor controls.

Question 45Constitutional Law

A state law provides that only men may serve as administrators of estates. The law is subject to:

  1. Strict scrutiny
  2. Intermediate scrutiny Correct answer.
  3. Rational basis review
  4. No review because probate is a local matter

Explanation

Gender classifications are quasi-suspect and receive intermediate scrutiny, so the state must show an exceedingly persuasive justification. The law cannot rest on stereotyped assumptions about men's and women's abilities.

Question 46Constitutional Law

A city ordinance bans all signs on public property but allows signs for political candidates. The ordinance is:

  1. Valid because the city owns the property
  2. Content-based and subject to strict scrutiny Correct answer.
  3. Invalid only if applied to religious signs
  4. Valid as a reasonable time, place, and manner restriction on speech

Explanation

A law that distinguishes among signs based on their subject matter is content-based and must satisfy strict scrutiny. A blanket ban with an exception for political candidate signs favors particular speech and is not a neutral time, place, and manner rule.

Question 47Constitutional Law

Burning a draft card as a form of political protest is:

  1. Protected unless the government's interest is unrelated to suppressing speech Correct answer.
  2. Always protected without any need to consider the government's interest
  3. Never protected
  4. Protected only if the protest occurs on private property with the owner's consent

Explanation

Under United States v. O'Brien, symbolic speech may be regulated if the regulation is within constitutional power, furthers an important or substantial government interest unrelated to suppression of expression, and burdens no more speech than necessary. Burning a draft card can be punished because the government's interest in the selective service system is unrelated to suppressing the message.

Question 48Constitutional Law

Under Lemon v. Kurtzman, a government action involving religion is valid if it:

  1. Is neutral only as to Christianity and not other religions
  2. Advances any religion, as long as the advancement is incidental
  3. Has a secular purpose, is neutral toward religion, and avoids entanglement Correct answer.
  4. Is approved by a majority of taxpayers in a referendum

Explanation

The Lemon test requires a secular legislative purpose, a principal effect that neither advances nor inhibits religion, and no excessive entanglement with religion. Government action need not be approved by voters to satisfy the Establishment Clause.

Question 49Constitutional Law

Police may search a car without a warrant if they have probable cause to believe it contains contraband, because:

  1. Of the automobile exception Correct answer.
  2. The driver consents by having a license
  3. Of the good faith exception
  4. Cars are always subject to search

Explanation

The automobile exception permits a warrantless search of a vehicle when police have probable cause to believe it contains contraband or evidence. The reduced expectation of privacy and the vehicle's mobility justify the exception.

Question 50Constitutional Law

The Privileges and Immunities Clause of Article IV prohibits states from discriminating against nonresidents with respect to:

  1. Voting in state and local elections
  2. Welfare benefits and other public assistance
  3. Fundamental commercial rights and livelihood Correct answer.
  4. Public employment in state government

Explanation

Article IV's Privileges and Immunities Clause protects nonresidents from discrimination in fundamental rights involving commercial activity and livelihood, such as pursuing a trade or profession. It does not generally cover voting, welfare benefits, or public employment.