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Question 1
The Due Process Clause which Applies to state and local governments is located in what portion of the Constitution?
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Incorrect!
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Correct The Fourteenth Amendment contains the state-applicable Due Process Clause. The Fifth Amendment contains the federally-applicable clause.
Incorrect! The Fourteenth Amendment contains the state-applicable Due Process Clause. The Fifth Amendment contains the federally-applicable clause.
Correct
Incorrect!
Question 2
A Due Process claim can only move forward upon a showing of:
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Correct Every Due Process claim must involve a deprivation of life, liberty, or property. If a deprivation of liberty is at stake, the nature of the liberty becomes important (is it a fundamental right').
Incorrect! Every Due Process claim must involve a deprivation of life, liberty, or property. If a deprivation of liberty is at stake, the nature of the liberty becomes important (is it a fundamental right').
Question 3
The Due Process Clause only protects against deprivation when there has been some state action. Which of the following is the benchmark for satisfying the state action requirement?
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Incorrect!
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Correct In .' Jackson v. Metropolitan Edison Co, 419 U.S. 345 (1974),the Court enunciated the 'sufficiently close nexus' standard, which is a factual assessment to be made based on the totality of the circumstances. The concept of proximate causation referred to in (d) is a legal term which is covered in Torts.
Incorrect! In .' Jackson v. Metropolitan Edison Co, 419 U.S. 345 (1974),the Court enunciated the 'sufficiently close nexus' standard, which is a factual assessment to be made based on the totality of the circumstances. The concept of proximate causation referred to in (d) is a legal term which is covered in Torts.
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Incorrect!
Question 4
Which of the following is NOT a fundamental right for substantive due process purposes?
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Correct Almost twenty years after Roe v. Wade, 401 U.S. 113 (1973) established abortion as a fundamental right, it was partially overruled in Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 (1992). Following Casey, abortion is no longer considered a fundamental right, although it is still afforded more significant protection than are non-fundamental rights.
Incorrect! Almost twenty years after Roe v. Wade, 401 U.S. 113 (1973) established abortion as a fundamental right, it was partially overruled in Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 (1992). Following Casey, abortion is no longer considered a fundamental right, although it is still afforded more significant protection than are non-fundamental rights.
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Incorrect!
Correct
Incorrect!
Question 5
In order for a law which deprives people of a fundamental right to pass due process analysis, which of the following tests must be applied and satisfied?
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Incorrect!
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Correct When an individual brings a Due Process claim against a state claiming interference with a fundamental right, it is the state's responsibility to demonstrate the compelling nature of its interest and the necessity of the chosen means (i.e., to demonstrate that the law passes strict scrutiny). While in this case the burden of proof is on the state, 'the burden of proof' is not a test or a standard, but rather an assignment of a default position (the party who bears the burden is assumed to be wrong, until and unless the burden is met). While (b) may be tempting, there is no 'compelling interest standard,' although strict scrutiny requires a showing that the statute is intended to achieve a compelling state interest.
Incorrect! When an individual brings a Due Process claim against a state claiming interference with a fundamental right, it is the state's responsibility to demonstrate the compelling nature of its interest and the necessity of the chosen means (i.e., to demonstrate that the law passes strict scrutiny). While in this case the burden of proof is on the state, 'the burden of proof' is not a test or a standard, but rather an assignment of a default position (the party who bears the burden is assumed to be wrong, until and unless the burden is met). While (b) may be tempting, there is no 'compelling interest standard,' although strict scrutiny requires a showing that the statute is intended to achieve a compelling state interest.
Question 6
Which of the following suits over state law will NOT require the state to meet the strict scrutiny standard?
Correct Answers (b), (c) and (d) all entail deprivations of fundamental rights. Answer (a), however, does not. See also Chapter 6, Subchapter 2.
Incorrect! Answers (b), (c) and (d) all entail deprivations of fundamental rights. Answer (a), however, does not. See also Chapter 6, Subchapter 2.
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Incorrect!
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Question 7
Joe is a fervent supporter of his chosen political party. He is so passionate that on election day he kidnaps a group of people who he believes intend to vote for his candidate's opponent. In so doing he hopes that lacking their votes the opponent will lose. Once the poles close Joe releases his hostages, who after giving their statements to police join the opponent at his victory party. The next day several of the hostages file due process claims against Joe. What is the likely result of the claims?
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Incorrect!
Correct There is no exception to the state action requirement at suggested in (d), although private entities can sometimes fulfill the requirement if there is a sufficiently close nexus between their action and the state. In this case, however, Joe's kidnapping does not satisfy the state action requirement and while the hostages might have a number of tort claims against Joe there is no due process claim here.
Incorrect! There is no exception to the state action requirement at suggested in (d), although private entities can sometimes fulfill the requirement if there is a sufficiently close nexus between their action and the state. In this case, however, Joe's kidnapping does not satisfy the state action requirement and while the hostages might have a number of tort claims against Joe there is no due process claim here.
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Question 8
Which of the following state goals is least likely to be found "compelling" when subjected to strict scrutiny?
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Correct Although this question requires you to make a judgment, (a) and (d) are goals directed at the physical safety of citizens, albeit in different ways, and (c) is directed at preserving the integrity of a fundamental right. In fact, support for eliminating (d) can be found in Nunez v. City of San Diego, 114 F.3d 935 (9th Cir. 1997), while support for picking (b) can be found in Zablocki v. Redhail, 434 U.S. 374, 389 (1978).
Incorrect! Although this question requires you to make a judgment, (a) and (d) are goals directed at the physical safety of citizens, albeit in different ways, and (c) is directed at preserving the integrity of a fundamental right. In fact, support for eliminating (d) can be found in Nunez v. City of San Diego, 114 F.3d 935 (9th Cir. 1997), while support for picking (b) can be found in Zablocki v. Redhail, 434 U.S. 374, 389 (1978).