14. A city filed an eminent domain proceeding in order to obtain a section of houses that are situated next to an amusement park. The city has a plan to increase tourism by providing more accommodations for tourists to stay, to attend the amusement park and inject money into the local economy. The city plans to sell the houses to a hotel chain, who will demolish the houses and build a luxury hotel in their place. The owners have challenged the city's exercise of eminent domain on the ground that it is an unconstitutional taking. Are the owners likely to prevail? A. No, because a property owner can challenge an exercise of eminent domain only on the ground of the sufficiency of the compensation.

B. No, because the City's purpose qualifies as public use.

C. Yes, because a public entity cannot seize property of one person in order to transfer that property to another private party.

D. Yes, because the city's actions would deprive the owners of all economic use of their property. 15. A teacher who was certified to teach public school in one state was convicted in state court of inappropriate sexual contact with a minor. Under state law, such an offense required revocation of a teacher's teaching certification. After it received an official notification of the teacher's conviction, the state education board revoked the teacher's certification, without affording the teacher any opportunity for a hearing. The teacher has sued the board in state court to set aside the revocation, alleging violation of the right to due process of law because the board did not provide any in person hearing before revoking the certification. Which of the following is the strongest argument in support of the state education board? A. The adjudicative facts necessary to revoke the teaching certification was determined in the state court proceeding resulting the in the criminal conviction, and therefore there is no risk of erroneous deprivation.

B. A teacher's certification to teach is a privilege, and not a right, and therefore the teacher did not have a right to due process before losing that certification.

C. Due process requires a balancing of interests, and here the state's interests in preventing child abuse outweigh the teacher's interest in a more extensive procedure.

D. The Constitution requires the education board to give full faith and credit to the teacher's criminal conviction.

16. A state law allows injured parties to recover compensatory damages against any person who makes any public statement containing false or misleading information about a person's occupation. An owner of a car garage claimed in an advertisement that a competitor took twice as long to fix cars on average than the owner's car garage. The claim was based on erroneous information, which the owner took from one comment from a disgruntled customer, but the owner did not do any diligence to confirm the information before making the statement. The competitor has filed a complaint against the car manufacturer, seeking compensatory damages based on the state law. Which of the following is the car manufacturer's best defense based on the First Amendment. A. Its statement about the safety record was made without malice.

B. The statement about the safety record was non-protected commercial speech.

C. The state law is a prior restraint.

D. The state law is overbroad.

17. A bar owner has applied for a zoning permit to open a nightclub specializing in Drag Shows in the commercial center of the city. (Drag Shows are a type of entertainment where artists, most commonly men, present themselves in exaggeratedly feminine ways as part of their performance.) An organization of residents began an intensive lobbying effort to persuade the city to deny the owner a permit to operate Drag Shows in any time or in any place in the city. The owner has sued the city in federal court, seeking an injunction that would prohibit the city council from considering the organization's views, on the ground that if the organization is successful, the owner's First and Fourteenth Amendment rights would be violated. Should the Court dismiss the owner's action? A. No, because Drag Shows are expressive speech protected by the First and Fourteenth Amendments.

B. No, because the organization does not seek a reasonable time, place, and manner restriction, but instead seeks to ban all Drag Shows in the city regardless of time or place.

C. Yes, because the First and Fourteenth Amendments do not protect obscenity.

D. Yes, because the action isn't ripe.

18. To improve the safety of houses for children, a city proposed an ordinance requiring that all newly built houses place all electrical outlets about 5 feet from the floor, install safety railings for all stairs and all accessible ledges higher than 10 feet, provide ladders or stairs outside of any window above the ground floor, and certify that no lead paint is exposed. Multiple construction companies have opposed the ordinance. They have argued that the requirements would decrease the number of low-income housing units because the additional expenditures would result in higher housing prices and may be too high to recoup from low-income house buyers. Without denying these effects, the city enacted the ordinance. One construction company who has focused on low-income housing has sued the city, claiming that the ordinance is unconstitutional on its face. Which of the following best states the burden of persuasion on this action? A. The city must demonstrate that the ordinance is necessary to serve a compelling state interest, because it adversely affects the fundamental right to build and sell houses in a way that is most efficient and profitable.

B. The city must demonstrate that the ordinance is necessary to serve a compelling state interest, because it will discriminate against low-income residents seeking affordable housing.

C. The city must demonstrate that the ordinance is not substantially related to an important state interest, because low-income residents are more likely to be female than male.

D. The plaintiff must demonstrate that there is no rational relationship between the ordinance and any legitimate state interest because the ordinance regulates economic activity of a type normally presumed to be within state regulatory authority.

19. State law provides that parents have a right to home-school their children. However, it authorizes the State Board of Education to establish curriculum and testing requirements, and also to require periodic reports from the parents on the progress of their children's education. If the requirements are not met, the State Board of Education may withdraw permission for a parent to home-school their children so long as the parent is given notice of the decision and an opportunity to be heard. A parent refused to submit periodic reports to the State Board of Education. After a length process of warnings, notice, and a hearing on the issue, the State Board withdrew permission for the parents to home school their children, and required that the children report to public school the following school year. The parents have filed a lawsuit arguing that the law was unconstitutional as applied to them. How should the court rule? A. For the parents because they have a fundamental right to care, custody, and education of their children.

B. For the parents because the law is overinclusive.

C. For the School Board because the law is the least restrictive means of serving the compelling government interest of ensuring its minor citizens are provided an adequate education.

D. For the School Board because the law strikes the proper balance between the interests of the state and the interests of the parents.