MCQ3

Question 1

When may personal property be seized PRIOR TO providing notice and a hearing (civil forfeiture actions)?

Answer 1

(1) the seizure services a significant government interest;

(2) the interest would be frustrated by advance notice of the seizure; and

(3) the seizure is performed by the government

Question 2

When may the government seize real property prior to notice and hearing (civil forfeiture action)?

Answer 2

(1) the private interest affected by the deprivation;

(2) the risk of erroneous deprivation of that interest through current procedures and the probable value of additional or substitute of procedural safeguards; and

(3) the government’s interest, including the fiscal and administrative burdens that other safeguard would entail

Question 3

When is heightened equal protection review appropriate?

Answer 3

(1) law intentionally discriminates (facially, application, or in its motive) against a quasi-suspect or suspect class

Question 4

What scrutiny is a law that impose citizenship requirements that discriminates against resident non citizens?

Answer 4

Suspect class, strict scrutiny, must be narrowly tailored to achieve a compelling government interest

Question 5

The First Amendment shields the media from liability for publishing truthful information that was unlawfully obtained by a 3P if:

Answer 5

(1) the info involves a matter of public concern; and

(2) the publisher obtained it lawfully

Question 6

Congress may delegate legislative powers if provides ______ which requires what?

Answer 6

Intelligble principle;

(1) policy;
(2) agency to carry out policy; and
(3) the scope of the agency’s authority

Question 7

When is conditional federal funding considered binding?

Answer 7

If conditions are clearly stated and unambiguous so that potential recipients of federal funds can make an informed decision

Question 8

Can the federal government or agencies/instrumentalities be taxed by a state?

Answer 8

No unless Congress expressly consents

Question 9

To determine if Congresss can regulate an activity, courts consider whether:

(1) the activity is economic in nature;

(2) the regulation contains a jurisdictional element;

(3) Congress made express findings on the activity’s effect on interstate commerce; and

(4) there is a strong link between the activity and that effect

Question 10

What are EP challenges to discriminatory state taxes subject to?

Answer 10

Rational basis

Question 11

Is promoting domestic, or in-state, business by discriminating against nonresident competitors constitutional?

Answer 11

No