Due to severe traffic problems on its streets, a city enacted an ordinance prohibiting all sales to the public of food or other items by persons selling directly from trucks, cars, or other vehicles located on city streets. The ordinance includes an inseverable grandfather provision, exempting vendors who, for 20 years or more, have continuously sold food or other items from such vehicles located on the city’s streets.An ice cream vendor is the only food vendor in the city that qualifies for this exemption. A yogurt vendor has a similar business, except he has been selling to the public only for the past 10 years. The yogurt vendor filed suit in an appropriate federal district court to enjoin enforcement of this ordinance, arguing that it denies him equal protection of the laws.In this case, the court will probably rule that the ordinance is:
A state adopted legislation making it a crime to be the biol…
A state adopted legislation making it a crime to be the biological parent of more than two children. The stated purpose of the statute is to preserve the state’s natural resources and improve the quality of life for the state’s residents. A married couple has just had their third child. They have been arrested and convicted under the statute. Which of the following is the strongest argument for voiding the convictions of the couple?
A state statute requires the permanent removal from parental…
A state statute requires the permanent removal from parental custody of any child who has suffered “child abuse.” That term is defined to include “corporal punishment of any sort.” A father gently spanks his six-year-old son on the buttocks whenever he believes that spanking is necessary to discipline him. Such a spanking has never physically harmed the child. The state files suit under the statute to terminate the father’s parental rights solely because of these spankings. The father defends only on the ground that the statute in question is unconstitutional as applied to his admitted conduct. In light of the nature of the rights involved, which of the following is the most probable burden of persuasion on this constitutional issue?
This type of value system deals with the need to discover th…
This type of value system deals with the need to discover the truth.
A state enacts the Young Adult Marriage Counseling Act, whic…
A state enacts the Young Adult Marriage Counseling Act, which provides that, before any persons less than 30 years of age may be issued a marriage license, they must receive at least five hours of marriage counseling from a state-licensed social worker. This counseling is designed to ensure that applicants for marriage licenses know their legal rights and duties in relation to marriage and parenthood, understand the “true nature” of the marriage relationship, and understand the procedures for obtaining divorces. In a case in which the constitutionality of the Young Adult Marriage Counseling Act is in issue, the burden of persuasion will probably be on the:
To reduce incidents of violence among male gang members at a…
To reduce incidents of violence among male gang members at a youth center, a city passed an ordinance forbidding any male between the ages of 13 and 19 to enter the center unless accompanied by a female.An 18-year-old male who was refused admission at the center because he was not escorted by a female filed suit in federal court to strike down the ordinance as unconstitutional.Should the court find the city ordinance constitutional?
The State of Factoria has a statute requiring that all polic…
The State of Factoria has a statute requiring that all police officers take an oral test to ensure that they can communicate adequately in English. Although the test appears racially neutral, a disproportionate percentage of African Americans fail it. The test is administered fairly, and the legislature did not intend to discriminate. Will the test be subject to strict scrutiny?
A town adopted an ordinance providing that a person must hav…
A town adopted an ordinance providing that a person must have been a resident of the town for at least one year to be eligible to vote in school board elections. A resident who moved to the town seven months ago attempted to register to vote in the school board elections scheduled for the next month. However, the town clerk refused to register the resident because he will not have resided in the town for a full year prior to the election. The resident filed a class action suit on behalf of all of the new residents of the town, challenging the validity of the one-year residency requirement. Which of the following statements is correct?
Marcia is an employee of the State Department of Child Welfa…
Marcia is an employee of the State Department of Child Welfare. She is part of a bargaining unit that has voted to be represented by a union. The union negotiates with the state concerning the workers’ wages and terms and conditions of employment, and it also engages in political activity supportive of policies that it considers to be in the interest of workers. Marcia disagrees with the union’s political stances, so she does not wish to join the union. May she be forced to join the union or contribute union dues as a condition of employment?
This type of value system deals with beauty, form and harmon…
This type of value system deals with beauty, form and harmony_______