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Question 1

State deprivations of non-fundamental rights are generally subjected to which level of scrutiny?

Question 2

In non-fundamental rights due process cases the burden of proof rests with:

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?

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?

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?

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?

Question 7

Which of the following is a non-fundamental right for substantive due process purposes?