practice_mc_answers2

practice_mc_answers2 - Constitutional Law II Prof. Manheim...

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Constitutional Law II Prof. Manheim Fall, 2005 Practice Multiple Choice Questions 1. North Dakota is the only state in the Union that does not provide jury trials in civil cases. General Motors (GM) was recently sued there for product liability arising from defec- tive design of one of its automobiles. GM’s demand for a jury trial was rejected by the judge. After trial, the judge awarded the plaintiff $25,000 in compensatory damages and $25 million in punitive damages. GM has appealed on constitutional grounds. What is the most likely outcome of GM’s ap- peal? A. GM will win. The 7th amendment re- quires States to provide jury trials in civil cases. B. GM will win. The right to trial by jury in civil cases is essential to the American concept of ordered liberty. Hence, denial of a jury trial deprives GM of liberty or property without due process. C. GM will win. Punitive damage awards that are disproportional to actual dam- ages deny the defendant its economic substantive due process rights. D. GM will lose. The federal constitution does not require states to provide jury tri- als in civil cases, nor does it prohibit puni- tive damages. E. GM will lose. The 14th amendment ap- plies only to “citizens of the United States,” a term which does not include ar- tificial entities, such as corporations. 2. Most of the forests in Cascade have disap- peared, partially due to the timber compa- nies' practice of "clear cutting" (cutting down all trees, leaving none to rejuvenate the for- est). In an effort to preserve the few trees that are left, the State enacted a new con- servation law, which prohibits all cutting on public or private land without a license. The State claims this was the only way it could protect the state's most important natural re- source. Only one license has been issued under the law, to Eastman Lumber Co. The license restricts the number of loggers to 50. That means hundreds of loggers in Cascade (including some for whom logging is a family tradition) are no longer able to find employ- ment in the State. Paul Bunyon is one of these unemployed loggers. He believes the Cascade licensing law is unconstitutional because it forces him to work for Eastman, or not work at all. What is Bunyon's best claim against the licensing law? A. It violates the 13th amendment, because it effectively forces him into indentured servitude with Eastman if he wants to continue his livelihood as a logger. B. It violates the Privileges or Immunities Clause of the 14th amendment, since it effectively denies Bunyon the ability to earn a living in the common occupations of the State. C. It violates the Equal Protection Clause because it discriminates between two classes of loggers -- those hired by Eastman (hence able to earn a living), and those not hired by Eastman (hence forbidden to work as a logger), but fails to serve any rational basis. D. It violates the Due Process Clause be-
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This note was uploaded on 04/05/2010 for the course LAW LAW5502 taught by Professor Stern during the Spring '10 term at Florida State College.

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practice_mc_answers2 - Constitutional Law II Prof. Manheim...

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