Question
The state of Alabama passes a statue, which requires that male heirs be preferred over female heirs in selecting an executor of an estate. Laura
- The state of Alabama passes a statue, which requires that male heirs be preferred over female heirs in selecting an executor of an estate. Laura Lawyer would like to be executor of her father's estate, but so would her 18-year-old brother who just flunked out of college. She Challenges the provisions as being a violation of the equal protection clause of the Fourteen Amendment. The case is now under consideration by the United States Supreme Court.
Based on the information in the scenario, in deciding the constitutionally of the provisions, which course of action will the court most likely take?
- Apply the strict scrutiny test
- Apply the intermediate standard test
- Apply the rational relationship test
- Apply any one of the above tests.
2. Alabama passes a statute declaring that those tampering with computer databases are guilty of a fourth-degree felony and will receive a minimum one-year prison sentence. Within which classification would this law fit?
- Criminal, procedural, and private
- Criminal, substantive, and public
- Civil, substantive, and private
- Civil, procedural, and private
3. Dr. David Doright is a professor at Ivory Towers State University in Minnesota. One day he has an argument with the president of the University over which team should win the next super bowl. The next day Dr. Do Right is fired for incompetence. He sues, claiming the firing is arbitrary and that he was denied an opportunity to respond to the charges. Based on the information in the scenario, which of the following statements is correct?
- The firing at a state university is a state action involving a property right, which would entitle Dr. Do Right to a hearing and an opportunity to respond to the allegations against him.
- This is not a criminal case, so Dr. Do Right has no right.
- Dr. Do Right appears to have been denied the equal protection of the law.
- The United States Constitution does not apply to this case.
4. The new telecommunications Act bans and criminalizes "indecent" information or "soft pornography on the internet. Suchinformation, including stories and photographs, does not constitute "obscene" material under the most recent Supreme Court rulings. However, Congress was concerned that children n need protection from such "adult" entertainment although it is not obscene. Assume a low cost computer program is now available for the user, which could defeat a child's access to such information on the computer.
Based on the information in the scenario, in suit challenging the constitutionally of the act, which statement is correct?
- The act is unconstitutional because the 1A free speech guarantees are absolute
- The act is unconstitutional because the act reaches protected as well as unprotected speech, and there appears to be a less restrictive alternative to further the government's interest.
- Because the speech is clearly unprotected and because congress is merely regulating the time, place and manner of speech the act is constitutional
- The act is constitutional because the government has legitimate interest in the general welfare of children, which always outweighs free speech interests.
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