Question 1

Constitutional Law. Adam Whitman (Don's half-brother) has arrived in Gotham, eager to sell "Babylonian Snake Oil" as an anti-depressant. He wants to advertise in the local newspaper, but unfortunately local authorities have directed him not to do so. Adam challenges the constitutionality of this direction 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

Question 2

Constitutional Law. Don's daughter Sally is a teenager enrolled at Gotham High School (a public school) and wants to join the women's synchronized swim team, but is denied pursuant to a school policy that bars left-handed students from the team on the grounds that other-handedness interferes with synchronicity. Sally challenges the constitutionality of this policy under the 14th Amendment. 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

Question 3

Civil Procedure. Betty is the owner of Bicycle Fish, a retail store. She has been marketing "Gang of Four Select" black tea, but Big Tea, Inc. is trying to drive her out of business. If Betty sues Big Tea for antitrust violations, can she file her action in federal court?

Select one:

a.

Yes, she must file in federal court

b.

Yes, she may file in either federal or state court

c.

Only if her alleged damages $75,000

d.

No

Question 4

Civil Procedure. Assume the same facts as in Question 3, above. If Betty serves Big Tea with process, can she sue Big Tea in California court?

Select one:

a.

Yes, if Betty does substantial business in California

b.

Yes, if Big Tea does substantial business in California

c.

Yes, if either Betty or Big Tea does business in California

d.

No

Question 5

Torts. Betty suspects Don of cheating on her with Miss Menken, and so Betty has been hiding in the bushes outside Miss Menken's house and smoking a cigarette as she watches the door. She carelessly tosses the lit cigarette away, and Miss Menken's house catches fire. It's a windy night and the fire jumps to another house, and from there to another, and eventually Pete's house burns down, even though he lives more than one mile away. Pete sues Betty for negligence. Who wins?

Select one:

a.

Betty: no duty

b.

Betty: no breach

c.

Betty: no cause

d.

Pete