1.Betty has opened Bicycle Fish, a retail establishment selling political books and magazines, and Free Trade coffees and teas. She wants to import for resale Strange Dreams, an Arizona herbal tea, but a California law requires that all teas entering the state must be inspected for quality, and this requirement has resulted in slower delivery times and higher prices than similar California teas. Assume that federal law is silent on the issue of tea quality. Betty challenges the constitutionality of this state law. What standard of review?

Select one:

a. Commerce Clause: substantial effect test

b. Commerce Clause: undue burden test

c. Dormant Commerce Clause: substantial effect test

d. Dormant Commerce Clause: undue burden test

2.Betty is quite the amateur gardener. She has grown a potato which she believes looks just like president Trump. To enhance the resemblance, Betty has mounted the potato behind a miniature debate podium. Now Betty wants to display the result at a street fair, but she is prevented from doing so under a city ordinance that prohibits "patently insulting displays." Betty challenges the constitutionality of this ordinance under the 1st Amendment. What standard of review?

Select one:

a. Fully protected speech

b. Limited protected speech

c. Unprotected speech

d. None: no speech

3. Don's daughter Sally is a teenager enrolled at Gotham High School (a public school) where, pursuant to a school policy, students are asked to observe a one-minute period of silence for "voluntary prayer." Sally objects to this practice and challenges its constitutionality under the 1st Amendment. What standard of review?

Select one:

a. Fully protected speech

b. Limited protected speech

c. Establishment Clause

d. Free Exercise Clause

4. Pete, an ardent American nationalist, thinks it's a national scandal that citizens of Syrian descent are entitled to Medicare benefits. Pete cites the 14th Amendment to challenge the government rule allowing such benefits without regard to national origin. What standard of review?

Select one:

a. Equal Protection Clause / strict scrutiny

b. Equal Protection Clause / intermediate scrutiny

c. Equal Protection Clause / rational basis

d. Equal Protection Clause / other

5. The Mayor of Gotham has declared a state of emergency and, under his executive order, city police have begun rounding up high school students and placing them in "preventive custody" pending formal charges. Some students have been in custody for days without charges or a hearing. Sally is one of those students, and she challenges the constitutionality of this order under the 14th Amendment. Does she win?

Select one:

a. Yes: Equal Protection Clause

b. Yes: Due Process Clause (Substantive)

c. Yes: Due Process Clause (Procedural)

d. No

6. Pete sues for a judicial declaration that he (Pete) is better-looking than his coworker Harry. Can he maintain (proceed with) this action?

Select one:

a. No: no standing

b. No: no subject matter jurisdiction

c. No: no personal jurisdiction

d. Yes

7. Betty is the owner of Bicycle Fish, a retail store. She contracts with Whoa, Dude ("Dude"), a Nevada new-age commune, to sell them 50,000 cartons of Ch Guevara Select tea for $100,000. She delivers the tea but Dude "can't remember" any agreement and pays her nothing. Betty wants to sue Dude for breach of contract. Can Betty file her action in federal court?

Select one:

a. Yes, she must file in federal court

b. Yes, she may file in federal court

c. Only on permission by the state court

d. No

8. Assume the same facts as in Question 7, above, but this time Betty received a $50,000 down payment from Dude before she delivered the tea. Can Betty file her action in federal court?

Select one:

a. Yes, she must file in federal court

b. Yes, she may file in federal court

c. Only on permission by the state court

d. No

9. Assume the same facts as in Question 8, above. Which of the following will give a California court personal jurisdiction over Dude?

Select one:

a. Betty has served Dude with process

b. Dude has minimum contacts with California

c. Either A or B

d. Both A and B

10. Pete has been working as an exotic dancer at the Tarzan Club, but recently a dispute has arisen as to working conditions. Pursuant to a binding arbitration clause in his employee handbook, Pete and his employer arbitrate their dispute. What is the arbitrator's role in the proceedings?

Select one:

a. She decides the facts

b. She determines and applies the law

c. Both A and B

d. Neither A nor B