Constitutional Law Keyed to Cohenback
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The state legislature enacted a statute authorizing all state agencies having legal departments or employing lawyers to subscribe to a specific computerized legal research service provided by a legal research corporation. A contract was duly entered into between the state and the corporation. Before the corporation could begin installing the necessary equipment in state offices, it was revealed that the state university system had exhausted its budgeted resources and would not be able to operate without additional money. The legislature then repealed the statute authorizing use of the computer legal service and reallocated these funds to the university.
In an action by the corporation against the state to enforce the contract, the trial court should rule that the repealed statute is:CorrectIncorrect
In which of the following cases will a defendant fail in arguing that the state has passed an ex post facto law?CorrectIncorrect
A state suffering from a severe loss of tax revenues, due to an initiative that cut state sales taxes in half, enacted legislation that ended cost-of-living increases in all state employees’ pensions. A state organization of employees brought suit against the appropriate state official in the federal court to reinstate the increase.
The most likely result will be that:CorrectIncorrect
A man defeated a woman in a close election to determine the president of the State Carpenters’ Union. Shortly after the election, the woman discovered that the man had been a member of the Communist Party 15 years ago. The United States has a statute that prohibits a member of the Communist Party from serving as an officer of a labor union. The woman revealed this information to the executive board of the Carpenters’ Union, which declared the man’s election as president invalid. The man brings suit in federal court, challenging the constitutionality of the United States statute.
The court will most likely hold the statute to be:CorrectIncorrect
A marine acted as a liaison between the White House,
the U.S. Marines, and several foreign governments.
It was later revealed that the marine had violated U.S.
law by trading arms with hostile powers and diverting
the profits to a Pacific island to which aid was prohibited
by U.S. law. Despite the fact that the marine had
received orders from his superior, a general, the marine
was asked to resign his position.
All U.S. armed forces personnel, veterans, and their
families have shopping privileges at special stores that sell
goods at below market prices. A federal statute provided
that the stores be closed to servicemen and officers dismissed
from the service. The marine asserted an action in
a federal district court challenging the constitutionality of
the denial of his shopping rights, alleging, inter alia, that he
followed orders given by his military superior and hence
the military should not violate his employment contract.
The government’s most persuasive argument in defending
its actions would be to assert that:CorrectIncorrect
In which of the following cases will a defendant fail in
arguing that the state has passed an ex post facto law?CorrectIncorrect