Constitutional Law Keyed to Cohenback
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A state statute requires the permanent removal from parental custody of any child who has suffered “child abuse.” That term is defined to include “corporal punishment of any sort.” A father gently spanks his six-year-old son on the buttocks whenever he believes that spanking is necessary to discipline him. Such a spanking has never physically harmed the child. The state files suit under the statute to terminate the father’s parental rights solely because of these spankings. The father defends only on the ground that the statute in question is unconstitutional as applied to his admitted conduct.
In light of the nature of the rights involved, which of the following is the most probable burden of persuasion on this constitutional issue?CorrectIncorrect
A woman and a man had lived together for several years but had never married because the man was already married. During the time the woman and the man lived together, they had accumulated property. One day, the man told the woman to move out.
The state in which they lived recognized in general the validity of property agreements entered into by unmarried couples who lived together, but there was a statute that provided that such agreements were void as being against public policy when one of the parties living together was married to another. The woman brought suit against the man, alleging that they had an agreement to share equally all property accumulated by them during the time they lived together, and challenging the constitutionality of the statute.
Will the woman prevail in her challenge to the statute?CorrectIncorrect
A condominium development company based in State O, with offices in O and State A, was in the business of
developing luxury condominiums in undeveloped areas near large cities. The company had recently purchased
500 acres of land north of the state’s largest city. Before the company began construction, State O enacted a
statute requiring in part that a certain percentage of the land surrounding its cities must be used as state
recreational facilities. The state court ordered possession, after a hearing, of the 500 acres of land, subject to
compensation that would be awarded for damages. The company sued to enjoin the sale. The best argument for
upholding the court-ordered possession is:CorrectIncorrect
A couple challenged a state statute whereby the government could take away a newborn if either the mother or
the father were currently receiving welfare. The couple had just given birth to a baby and the father is currently on welfare. Will the couple prevail?CorrectIncorrect