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Question 1
State deprivations of non-fundamental rights are generally subjected to which level of scrutiny?
Correct For non-fundamental rights, the due process analysis involves asking whether the statute is rationally related to a legitimate government purpose. If so, the statute will not be struck down on substantive due process grounds.
Incorrect! For non-fundamental rights, the due process analysis involves asking whether the statute is rationally related to a legitimate government purpose. If so, the statute will not be struck down on substantive due process grounds.
Correct
Incorrect!
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Incorrect!
Correct
Incorrect!
Question 2
In non-fundamental rights due process cases the burden of proof rests with:
Correct
Incorrect!
Correct Unlike fundamental rights due process cases, where the burden of proof is on the defending governmental entity, with non-fundamental rights the burden in on the plaintiff to demonstrate that the regulation is not even rationally related to some legitimate goal. Obviously, this is a difficult task.
Incorrect! Unlike fundamental rights due process cases, where the burden of proof is on the defending governmental entity, with non-fundamental rights the burden in on the plaintiff to demonstrate that the regulation is not even rationally related to some legitimate goal. Obviously, this is a difficult task.
Correct
Incorrect!
Correct
Incorrect!
Question 3
In a certain part of Westernstate, pesticides sprayed on farms are often carried by winds to nearby residences. In an effort to ensure those residents will not unfairly have to carry the burden of the floating pesticides, Westernstate passes legislation requiring all farmers who use certain airborne pesticides pay into a fund to be used to cover medical treatment of the affected neighbors. Will the law survive a Due Process Clause challenge?
Correct The hypothetical law does not deprive farmers of a fundamental right, so only the rational basis standard must be met. This economic regulation is rationally related to the legitimate goal of reducing the costs which innocent parties must bear due to pesticide use by others.
Incorrect! The hypothetical law does not deprive farmers of a fundamental right, so only the rational basis standard must be met. This economic regulation is rationally related to the legitimate goal of reducing the costs which innocent parties must bear due to pesticide use by others.
Correct
Incorrect!
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Incorrect!
Correct
Incorrect!
Question 4
Northernstate citizens are tired of buying used cars which soon prove to be problematic. In an effort to help its citizens, the Northernstate legislature passes a law which forbids used cars lots from having their own mechanic on-site, thereby forcing them to use other mechanics to tend to the cars before they are sold. A coalition of used car salespeople sue claiming due process violation. What is the likely result?
Correct The quotes from (c) and (d) come from Williamson v. Lee Optical of Oklahoma, 348 U.S. 483 (1955), where the Court clearly stated that these were NOT sufficient reasons to strike down the law in question. It is enough if the legislature thought it might do the trick.
Incorrect! The quotes from (c) and (d) come from Williamson v. Lee Optical of Oklahoma, 348 U.S. 483 (1955), where the Court clearly stated that these were NOT sufficient reasons to strike down the law in question. It is enough if the legislature thought it might do the trick.
Correct
Incorrect!
Correct
Incorrect!
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Question 5
Which of the following, if adequately demonstrated by plaintiff, is the minimum showing required to strike down an economic regulation on procedural due process grounds?
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Incorrect!
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Incorrect!
Correct A plaintiff must go much further than (a), (b), and (c) indicate. The Court has held that 'absent proof of arbitrariness or irrationality' on the part of the legislature, a court will not strike down an economic regulation. See Duke Power Co. v. Carolina Environmental Study Group, Inc., 438 U.S. 59, 84 (1978), citing Ferguson v. Skrupa; Usery v. Turner Elkhorn Mining Co. While the standard is essentially rational basis review, it is more difficult to strike down a law in non-fundamental due process cases than other areas in which we apply rational basis review.
Incorrect! A plaintiff must go much further than (a), (b), and (c) indicate. The Court has held that 'absent proof of arbitrariness or irrationality' on the part of the legislature, a court will not strike down an economic regulation. See Duke Power Co. v. Carolina Environmental Study Group, Inc., 438 U.S. 59, 84 (1978), citing Ferguson v. Skrupa; Usery v. Turner Elkhorn Mining Co. While the standard is essentially rational basis review, it is more difficult to strike down a law in non-fundamental due process cases than other areas in which we apply rational basis review.
Question 6
In recent years the Southernstate legislature has become increasingly concerned over some of its citizens' financial planning, or lack thereof. In an attempt to help its citizens and, in the long run, reduce the number of people who require financial assistance from the state, the legislature passes a law requiring all persons opening a bank account or applying for a credit card in the state be given a form detailing a number of state-sponsored lectures on financial responsibility. Before opening the account or receiving the card the form must be signed by the applicant. Is the law valid?
Correct The standard which must be met for state regulation in a non-fundamental, economic area is not significant: the regulation must simply be rationally related to a legitimate government purpose. This standard has been applied rather loosely by courts and will be met unless plaintiff can demonstrate that the law is arbitrary or irrational.
Incorrect! The standard which must be met for state regulation in a non-fundamental, economic area is not significant: the regulation must simply be rationally related to a legitimate government purpose. This standard has been applied rather loosely by courts and will be met unless plaintiff can demonstrate that the law is arbitrary or irrational.
Correct
Incorrect!
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Incorrect!
Correct
Incorrect!
Question 7
Which of the following is a non-fundamental right for substantive due process purposes?
Correct
Incorrect!
Correct Except for (b), the choices listed are all fundamental rights for our purposes here.
Incorrect! Except for (b), the choices listed are all fundamental rights for our purposes here.