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Question 1
Traditionally the only suspect classification(s) was (or were):
Correct
Incorrect!
Correct Traditionally, only classifications based on race and national origin were suspect. Although no other classifications have been clearly labeled 'suspect' by the Court, the door is now open for other classifications to qualify.
Incorrect! Traditionally, only classifications based on race and national origin were suspect. Although no other classifications have been clearly labeled 'suspect' by the Court, the door is now open for other classifications to qualify.
Correct
Incorrect!
Correct
Incorrect!
Question 2
Upon what basis will a classification be deemed suspect?
Correct
Incorrect!
Correct
Incorrect!
Correct Only purposeful and invidious discrimination will result in a suspect classification. Because it is so difficult to establish that discrimination is invidious, no classifications have been added to the traditionally suspect race and national origin.
Incorrect! Only purposeful and invidious discrimination will result in a suspect classification. Because it is so difficult to establish that discrimination is invidious, no classifications have been added to the traditionally suspect race and national origin.
Correct
Incorrect!
Question 3
Which of the following is most likely to satisfy the "purposeful" discrimination for a suspect classification?:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct These are the three ways in which the requirement may be met. In cases such as (a) there need be no additional showing of discriminatory intent such as that required in (b) and (c).
Incorrect! These are the three ways in which the requirement may be met. In cases such as (a) there need be no additional showing of discriminatory intent such as that required in (b) and (c).
Question 4
State affirmative action laws will be held to what standard of review?
Correct
Incorrect!
Correct
Incorrect!
Correct City of Richmond v. J.A. Croson Co, 488 U.S. 469 (1989) established that all state laws using racial classification are subjected to strict scrutiny, even if the classification is aimed at helping rather than hurting. Even if the law does not disadvantage any minority group, the use of a suspect classification imposes the burden of satisfying the strict scrutiny standard.
Incorrect! City of Richmond v. J.A. Croson Co, 488 U.S. 469 (1989) established that all state laws using racial classification are subjected to strict scrutiny, even if the classification is aimed at helping rather than hurting. Even if the law does not disadvantage any minority group, the use of a suspect classification imposes the burden of satisfying the strict scrutiny standard.
Correct
Incorrect!
Question 5
Federal affirmative action laws will be held to what standard of review?
Correct
Incorrect!
Correct
Incorrect!
Correct Prior to 1995 intermediate scrutiny had been applied to federal race-conscious legislation, but Adarand Construction v. Pena, 515 U.S. 200 (1995) made clear that strict scrutiny was the appropriate standard.
Incorrect! Prior to 1995 intermediate scrutiny had been applied to federal race-conscious legislation, but Adarand Construction v. Pena, 515 U.S. 200 (1995) made clear that strict scrutiny was the appropriate standard.