ALA Civil Procedure and Constitutional Law Practice Exam

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• A federal statute requires a national standards body to establish beer quality standards. Before standards are announced, a brewery sues to prevent prohibitions on unpasteurized beer. The court should dismiss the suit because the case is not yet ripe. Which statement best reflects the correct doctrine?
• Diversity jurisdiction requires which of the following?
• Under FRCP 11, sanctions for improper filings may be pursued only under certain procedural conditions. Which is correct?
• Which statement describes complete diversity?
• Under Rule 14, a third-party defendant may be brought in for liability that is derivative in nature. If a crossclaim arises from a different transaction than the original claim, what is the likely outcome?
• A statute provides that all constitutional challenges concerning a federal health statute may be filed directly in the Supreme Court. The provision is:
• A defendant who contracts with a resident of the forum to perform services in the forum may be subject to personal jurisdiction based on what principle?
• A city ordinance prohibits picketing in residential neighborhoods unless the picketing relates to neighborhood zoning. A group wishes to picket in front of a business owner’s home about the owner’s employment practices and challenges the ordinance as unconstitutional. Will the group prevail?
• After proper service, what is the deadline to answer in federal court?
• In an appeal of a trial court's ruling on the relevance of evidence, which standard governs the appellate review?
• A video store is prosecuted for obscenity for selling a video that is entirely nude beach photos; The store owner defends on First Amendment grounds. The correct ruling is:
• What is remand and when must a federal court remand a removed case?
• When may the United States Supreme Court review a state court’s judgment on a federal question when the state decision rests on independent and adequate state grounds?
• What is the 'minimum contacts' standard and why is it used?
• Under Lopez's framework, which scenario is NOT within Congress's Commerce Clause power?
• When may a case be removed to federal court, and what is the general timeliness rule?
• Which mechanism is used to apply most federal rights against the states?
• In a federal diversity case, when the jury’s damages award is excessive but additur is prohibited, which remedies are available?
• What are the preferred tests used to evaluate Establishment Clause challenges?
• The Necessary and Proper Clause and Congress's power to authorize direct Supreme Court review. Which statement is true?
• A man sprays racist epithets on neighbors' house to intimidate; He is charged under a statute criminalizing threats with fear. Can he be convicted?
• Which case is central to recognizing the individual right to bear arms and informs incorporation to the states?
• In a federal action where a distributor and a wholesaler are involved, neither is completely diverse from the other, and the counterclaim arises from the same common nucleus of operative fact as the underlying action. The court should:
• An independent political party challenges a state's ballot access rules that favor major parties. Which constitutional provision provides the best ground for the challenge?
• Residents notice that a historic district has a sign ordinance requiring all visible signs to be black and white and no more than four feet in length or width. A political party wants to hang a six-foot red, white, and blue banner there and challenges the ordinance as applied to its banner. What is the strongest argument for the party?
• Under the Free Speech Clause, which standard applies to content-based restrictions on speech?
• Under Article III, which matters fall within the Supreme Court's original jurisdiction?
• A shop owner in State A sues a distributor, with a wholesaler as third-party defendant. The wholesaler has a counterclaim against the distributor for $60,000. Should the court grant the distributor’s motion to dismiss the counterclaim for lack of subject-matter jurisdiction?
• In a diversity case, if removal to federal court occurs after more than one year from the complaint's filing, what is the proper action for the federal court?
• What is the effect of the Supremacy Clause on conflicting laws?
• Which Establishment Clause test has fallen out of favor?
• In a diversity case, which law governs tolling of the statute of limitations?
• What is res judicata (claim preclusion) and its elements?
• The 100-mile bulge rule for service of process applies only when there is a party joined under FRCP 14 or FRCP 19. True or false?
• If the plaintiff and a defendant are citizens of the same state and the amount in controversy exceeds $75,000, which statement is most accurate about federal jurisdiction?
• In a civil action removed from state court to federal court by one defendant, a later-served defendant consents to the removal within the allowed time. What is true?
• Does relation back apply to claims added under FRCP 15(d)?
• A sign ordinance that restricts most signs in a historic district and applies to a political banner that is longer than allowed is challenged. The best argument against the ordinance is that it is not narrowly tailored to an important government interest and leaves alternative channels unaddressed. This reflects the standard that:
• Lopez and Morrison address the scope of Congress's power. Which statement is correct?
• A government plan to construct a surveillance facility on privately owned land without compensation will be challenged by the landowner. The facility would permanently occupy a portion of land. Which statement is correct?
• A Latino accountant brings a federal class action on behalf of 500 Latino employees and applicants alleging discriminatory hiring and promotion practices. The accountant seeks backpay, money damages, and injunctive relief. The court is asked to certify the class. Is class certification likely to be granted?
• What are the basic Rule 23 requirements for class certification?
• In a class action with a single named plaintiff who is from State A and defendants from States B and C, the class includes members from several other states. For purposes of federal subject-matter jurisdiction, which statement is correct?
• A private school in a state accrediting system admits only Caucasians. The state accredits, licenses teachers, and provides secular textbooks. A private plaintiff sues challenging the admissions policy. Which argument is strongest against the school's discriminatory admissions policy?
• A plaintiff sues a private insurance company alleging an equal protection violation because burglary insurance rates are higher for residents in one part of a county than in another part due to local crime rates. Will the plaintiff's suit succeed?
• Selective incorporation applies to the states through which provision of the Constitution?
• What is the general timeliness rule for removal to federal court?
• Which statement describes supplemental jurisdiction appropriately?
• What is Rule 23(b)(3)'s predominance requirement?
• In a contract dispute involving an actor and a limo driver who are from State A, and a talk show host from State B, the talk show host moves to dismiss the limo driver's claim for lack of jurisdiction. The court may exercise supplemental jurisdiction over the limo driver's claim for what reason?
• When considering whether to certify a class action for a large urban district with 500 potential class members, which factor is most likely to defeat certification on grounds of adequate representation?
• A private landowner challenges a state plan to permanently occupy part of his land for a government facility. The best description of the remedy is:
• In a case where a baseball fan incites a riot and the state supreme court reverses the conviction based on an independent and adequate state-law ground, what is the most appropriate action for the Supreme Court to take on a petition for certiorari?
• Under equal protection, what is the standard for classifications based on race?
• Which statement about strict scrutiny is incorrect?
• In a products-liability case, a consumer sues a manufacturer and the manufacturer impleads the product designer as a third party. The designer seeks dismissal of the third-party claim. Which argument is most likely to achieve dismissal?
• A city bans amplified sound in a park after 9 p.m. The restriction is content-neutral and aimed at preventing disturbance. Which standard best describes the analysis for this restriction?
• A city imposes a general prohibition on leafletting within a certain distance of polling places on election day, but not for all political messages. The law is content-neutral. The government can uphold it if:
• A state law prohibits remarriage by a person who has divorced, unless current on all child support payments. Which outcome is most consistent with Supreme Court precedent?
• Under FRCP 15(d), when may a party supplement a pleading with events that occurred after the original filing?
• Under FRCP 4(c), who may serve the summons and complaint?
• If a defendant is not timely served, can informal notice stop the statute of limitations from running?
• A city ordinance requires taxi operators to have a license and revokes licenses for good causes, including a condition that licensees not display bumper stickers or signs favoring any candidate for municipal office. A licensee who displays bumper stickers is subject to revocation. What is the strongest defense to upholding the licensing restriction?
• For diversity jurisdiction in a class action, which statement is correct regarding citizenship?
• A company files a federal trademark infringement suit in State C against a company incorporated in State B. The amount in controversy is $50,000. What is the basis for subject-matter jurisdiction?
• A private university with state accreditation and partial funding argues that its conduct should not be treated as state action for Fourteenth Amendment purposes. Which statement best reflects this position?
• What is the basic aim of the Erie doctrine in diversity cases?
• What is federal-question jurisdiction and how is it determined from the complaint?
• If a party fails to plead a compulsory counterclaim arising out of the same transaction or occurrence, what is the consequence?
• A private university run by a religious organization is accredited by the state and receives state funds. A professor who wrote a column criticizing religion is discharged by the university. The professor sues, claiming violation of freedom of speech. Which statement is correct?
• A city zoning ordinance requires a special use permit for operating a group home. A proposed group home for convicts during transition from prison sentences to parole is denied despite meeting all permit criteria. The plaintiff sues for declaratory and injunctive relief. What is the appropriate burden of persuasion in this equal protection challenge?
• What two factors traditionally determine ripeness of a federal case?
• What is the attorney-client privilege?
• Which scenario most clearly supports personal jurisdiction under the concept of purposeful availment?
• What is the Exclusionary Rule and a recognized exception?
• What does the Dormant Commerce Clause require?
• Service of process on a defendant by delivering the summons to a person at the defendant's workplace is generally permissible when that person is:
• If a plaintiff's failure to disclose the amount in controversy prevents removal, which statement best reflects the typical rule about removal based on later evidence of damages?
• Under intermediate scrutiny, the classification must be:
• In subsequent litigation, what governs the preclusive effect of a prior federal diversity judgment—the controlling law for preclusion?
• What is Miranda and when must it be given?
• A state enacts a law requiring individuals under age 30 to receive five hours of counseling before obtaining a marriage license. A man challenges the law as unconstitutional. What is the clearest ground for dismissal of the action?
• In federal court, when does a civil action commence under FRCP 3?
• Which statement accurately describes when an action is commenced in federal court and which law governs the statute of limitations?
• In a diversity case governed by State A substantive law, if tolling ends before filing due to service, the claim may be time-barred; According to Guaranty Trust v. York, which law governs tolling?
• What is supplemental jurisdiction under 28 U.S.C. § 1367?
• A city bus system with a designated space for placards denies an animal rights group space for a placard depicting animal mistreatment, allegedly on grounds the content would offend the circus. The action is subject to:
• In a federal diversity case, a gardener sues a homeowner in State B in a federal court seated in State A. The State A long-arm statute would not reach the homeowner. Should the federal court have personal jurisdiction over the homeowner?
• Which statement accurately distinguishes jurisdiction from venue?
• In a federal question case involving a patent claim, is a separate amount in controversy requirement applicable to establish jurisdiction?
• If initial venue is improper, to which type of court may it be transferred?
• If a plaintiff serves the complaint but not the summons in a federal diversity action, which approach may the defendant take to preserve the defense of insufficient service?
• A group challenges the vagueness of a federal statute criminalizing “unfair advantage” in stock trading, but has no imminent injury. The proper conclusion is:
• If a state requires service by serving the Secretary of State for foreign corporations, and the statute is silent on notice, which issue is most likely to be raised?
• Under 28 U.S.C. § 1367, when may a federal court exercise supplemental jurisdiction over related state-law claims?
• A state constitutional provision guarantees the right of a witness to confront all witnesses face to face. A trial court uses a state constitutional provision alone to overturn a conviction, without addressing any federal issue. Should the United States Supreme Court review the federal issue?
• Which statement best describes the appealability of final judgments and interlocutory orders?
• An independent municipal water district adopts a rule setting aside 25% of all staff hires and 25% of contracts for members of racial minority groups to address historical discrimination. The district's stated purpose is to remedy general societal discrimination rather than district-specific wrongs. What is the proper constitutional assessment?
• A federal statute denies federal funding to public school districts that fail to pass a national achievement test, while private schools perform better. In response, a state enacts a law requiring all children of elementary and secondary school age to attend public schools. What standard of review will the court apply to evaluate the constitutionality of this law?
• Which statement best describes the diversity threshold?
• A state’s law enforcement officers must be United States citizens. An alien applies for and is denied a job as a forensic pathologist in the state. The alien sues in federal court seeking to invalidate the citizenship requirement. The court should analyze the case under:
• Which statement about equal protection standards is NOT correct?
• In a federal diversity suit where the majority of events and witnesses are located in a foreign country, which forum non conveniens factor is most likely to lead the court to dismiss or transfer the case to that country?
• Which is the most persuasive argument for the constitutionality of a statute that denies the Supreme Court appellate jurisdiction over challenges to a federal voting rights statute?
• Which statement is false regarding substantive due process?
• Which principle governs the ability of a federal court to exercise jurisdiction over a nonresident defendant when the defendant is served while physically present in the forum state?
• A state enacts a law that forbids any expression on the main doorway steps of the state capitol during business hours, applying equally to all speakers without viewpoint discrimination. The law is most likely to be:
• Following Lopez and Morrison, what is the general effect of the Commerce Clause?
• What is the standard for exercising personal jurisdiction over a nonresident?
• A class action involving a single named plaintiff from State A and defendants from States B and C asserts a federal question and more than $75,000 in controversy. The named plaintiff's state is different from the defendants’ states. What is the likely outcome?
• Six months after a federal case began, a defendant moves to dismiss for lack of subject-matter jurisdiction, arguing a waiver issue. Which statement is most accurate?
• In a private school case involving state accreditation and funding, what is the strongest ground to challenge the school's discriminatory admissions policy?
• Under federal pleading standards, which situation is most likely to satisfy the pleading requirements?
• What is the work-product doctrine?
• Under Smith v. Employment Division, how are generally applicable neutral laws affecting religious exercise treated?
• Public schools in a state are funded largely by local real estate taxes. A state distribution formula provides additional funds to equalize per-student funding but only considers student counts and local real estate tax revenue, ignoring other district revenue sources. School boards and parents sue claiming unequal treatment. What standard of review applies, and what is the likely outcome?
• Which defense is waived if not raised in the defendant's first Rule 12(b) motion?
• Standing requires a party to have a legally protectable interest at what time?
• What is the distinction between substantive due process and procedural due process?
• If a federal case is filed in a district with proper venue but the defendant seeks to transfer to a different district that could have been proper originally, which rule permits a transfer?
• Which Fourth Amendment exception allows seizure of evidence observed in plain view?
• A consumer sues two mortgage brokers in federal court for alleged lending-law disclosures. The first broker asserts a crossclaim against the second alleging the second underpaid him under federal wage laws. Should the court grant dismissal of the crossclaim?
• If a defendant is served with a summons but not the complaint, which is a valid way to preserve the defense of insufficient service?
• A divorcee is prevented from remarrying unless current on all child support payments. What standard of review applies to the constitutionality of this law?
• In challenging a law that burdens a religious practice, the rights considered under the Fourteenth Amendment are typically those of:
• A state statute prohibits displaying or selling material that may be harmful to minors because of violent or sexually explicit content. A corner store is prosecuted for displaying and selling such magazines. The best defense is that the statute is vague and overbroad under the First Amendment. Which is correct?
• Which statement about substantive due process is false?
• In diversity jurisdiction, which two conditions must be satisfied?
• In response to concerns about a landfill siting process, residents sue a state agency in federal court seeking declaratory relief. The agency has not yet selected a site. The case is argued to be not ripe for adjudication. Which rationale best supports dismissal?
• To have standing, a plaintiff must show an imminent or actual injury. In a challenge to a pending statute with no enforcement, which statement is correct?
• Construction grants can be made toward the cost of physical plant at private colleges and universities, provided that no part of the grant is used for buildings in which religious instruction is offered. Is this program constitutional?
• A state statute allows a candidate to appear on the general election ballot if the candidate is nominated by one of the state's two major political parties and pays a filing fee. Independent candidates may appear if they pay a higher fee and submit petitions. A candidate from a new political party challenges the statute as unconstitutional. Which constitutional ground provides the best basis for challenging the statute?
• What is the core protection of the Double Jeopardy Clause?
• Which statement best describes the Rule 8 pleading standard?
• Which statement is true about Congress and the Supreme Court's jurisdiction?
• Which statement distinguishes compulsory counterclaims from permissive counterclaims?
• A city bans from its public sidewalks all machines that dispense publications consisting wholly of commercial advertisements, while allowing other types of publications. Only 30 of 300 machines are removed. Is the ordinance constitutional?
• Which level of scrutiny applies to most non-suspect classifications?
• What is the Twombly–Iqbal plausibility standard?
• A state tax law is challenged as violating both the federal Equal Protection Clause and the state's own Equal Protection provision. How should the United States Supreme Court dispose of the case if it is presented with this federal question?
• A state university denies use of a campus meeting room for a debate on affirmative action, arguing that the debate would disrupt the educational mission. The denial is reviewed as:
• A copyright claim is filed in state court and promptly removed to federal court. Which of the following is the best reason to deny remand to state court?
• Which statement accurately describes the modern status of the Second Amendment's application to the states?
• If a state court’s decision resolves a federal constitutional question solely on federal law grounds, what is the proper course for the United States Supreme Court?
• A taxpayer sues over a federal spending provision that provides textbooks to students with no religious instruction; The taxpayer claims establishment clause; Standing?
• Which clause, after Slaughter-House, provides most rights against state action?
• If a plaintiff files a diversity action with a business tort claim and later asks to add an intentional tort claim arising from the same incident as a supplemental pleading, should the court allow it under FRCP 15(d)?
• A federal statute bans all commercial advertising of red meat to reduce cancer, but does not ban sale. Courts likely hold:
• What is subject-matter jurisdiction and how is it established in federal courts?
• Friends of Lucifer, a religious group, seeks a permit to conduct an overnight encampment and a campfire on United States National Park Service land atop Mt. Snow. The park has a blanket ban on overnight camping and campfires for safety. The park superintendent denies the permit. Which statement best explains the constitutionality of the denial?
• What is the Takings Clause and the basic test for regulatory takings?
• What are the core protections of the Fourth Amendment and typical warrants?
• Which statement about strict scrutiny is incorrect?
• Law school students request use of a meeting room for a balanced debate on affirmative action. The administration denies the request because such a debate would negatively affect morale and disrupt the educational mission. Is the denial constitutional?
• Which factor is NOT typically considered in Mathews v. Eldridge procedural due process balancing?
• Which of the following is true about gender classifications under equal protection?
• Under Rule 12(h)(3), can lack of subject-matter jurisdiction be raised at any time in the proceedings?
• A candidate for mayor sues to strike down a five-year residency requirement and to be placed on a primary ballot; The defendant is the party chair but not election officials; The issue is ripe. The correct conclusion is:
• A statute provides that every alien who is a citizen of an enemy nation must immediately leave the United States or face deportation, and it grants the Supreme Court original and exclusive jurisdiction over challenges to the statute. Is this statute constitutional?
• Which scenario would most clearly present a non-justiciable political question?
• Which category triggers intermediate scrutiny under equal protection analysis?
• When a neutral law of general applicability burdens a religious practice, what level of scrutiny applies?
• What is the forum-state defendant rule for removal based on diversity?
• Which statement correctly contrasts res judicata and collateral estoppel?
• What are the three factors in the Penn Central balancing test?
• An alien, lawfully admitted for permanent residence five years before a state enacted a citizenship requirement for employment as a forensic pathologist in the state coroner’s office, sues in federal court to invalidate the requirement. The strongest ground to attack this requirement is that it:
• Rule 15(c) relates back amendments under what conditions?
• In response to a terrorist threat, Congress enacted a statute authorizing the President to construct security facilities on privately owned land without compensation, and to own and operate the facilities. The President selects a small, unused portion of a large tract for this purpose. The landowner sues to challenge the constitutionality. Which ground provides the best basis for challenge?
• If the jeweler's complaint simply asserts 'drove negligently' in a federal diversity action, is it sufficient under federal pleading standards?
• A state enacts an English literacy requirement for voters. The strongest constitutional argument against the requirement is that it violates which provision?
• In federal practice, service on an individual may be accomplished by delivering process to:
• Under 28 U.S.C. § 1404, a federal court weighing a motion to transfer venue should consider factors including the presence of a forum-selection clause designated in the contract. A diversity action filed in State A involves a clause designating State C. State A law says forum selection clauses are unenforceable. How should the court rule on the transfer motion?
• Three states—East Winnetka, Midland, and West Hampton—have different rules about snipe traps. Midland bans possession and destruction of traps within its borders. A West Hampton resident travels to East Winnetka to buy a snipe trap, then is stopped in Midland with the trap. Which constitutional principle most clearly governs whether Midland’s ban is valid?
• Under the Commerce Clause, which of the following is regulated as a channel of interstate commerce?
• In evaluating forum non conveniens, which is a private interest factor?
• A traveler sues a bus company for negligence in federal court, naming the bus driver as defendant. It later turns out the driver’s twin sister was driving, and service was timely on the twin sister. The original deadline for service has passed, and the statute of limitations has run. The traveler seeks to amend to substitute the twin sister as the defendant. Should the court grant the amendment?
• A resident sues a state's corporation in federal court for a defective automobile, based on a state contract. Should the federal court hear on the merits?
• Content-neutral restrictions are typically evaluated under which standards depending on context?
• Summons and complaint must be served together. Which option correctly states what must be served with the summons?
• Under equal protection, what level of scrutiny applies to suspect classes or fundamental rights?
• In a federal diversity case, which remedy is available when the jury's damages are excessive and the court wants to adjust them, given constitutional concerns about additur?
• What is the scope of discovery under Rule 26(b)(1)?
• Under the Lemon test, which prong would be violated if salary supplements are provided to teachers in private schools up to ten percent of their salaries, with the rule that no supplements go to teachers who instruct in religious subjects?
• What is collateral estoppel (issue preclusion) and its elements?
• What is the modern status of the Privileges or Immunities Clause of the Fourteenth Amendment?
• Under long-arm statutes and due process, a plaintiff asserting a state products-liability claim may establish personal jurisdiction over a nonresident manufacturer who ships products into the forum via the manufacturer’s website. True or false?
• A woman sues her former employer in state court alleging age and sex discrimination under both state and federal law. The employer removes the case to federal court. The court should likely:
• The President recognizes the country of Ruritania and enters diplomatic relations under the Secretary of State. A citizen sues to set aside this action as inconsistent with constitutional governance. The contract with the Commerce Department terminates upon recognition. What is the most proper disposition of the suit?
• A calligrapher sues an illustrator in a federal court in State A for breach of contract. The contract provides that any lawsuits concerning the contract must be brought in State C. State A law provides that forum selection clauses are unenforceable. The defendant moves to transfer to State C. How should the court rule?
• What is the well-pleaded complaint rule for federal-question jurisdiction?
• A pedestrian from State A sues a motorcyclist from State B in a state court in State A that sits within the federal E.D. of State A. The motorcyclist removes to the federal court in the same district. Is removal proper?
• After valid service of process, the time to respond is how many days in federal court?
• Under equal protection, what standard applies to classifications based on gender?
• To exercise personal jurisdiction over a nonresident defendant, which concept is essential?
• A district court is asked to grant a declaratory judgment to block a rule that lacks a federal question and does not threaten the amount in controversy. Which principle governs whether the court has subject-matter jurisdiction?
• Under Twombly–Iqbal, what must a complaint show to survive dismissal?
• An employee sues his employer in federal court in State B for $125,000 under the Fair Labor Standards Act. The employer files a single permissive counterclaim alleging the employee took $2,500 worth of tools in violation of a State A wrongful conversion statute. Should the court grant the employee’s motion to dismiss the counterclaim?
• Is a proposed piece of legislation constitutional if it would grant federal courts jurisdiction over state claims based on state law, without requiring diversity of citizenship?
• A hospital prohibits demonstrations on its sidewalks during visiting hours. The policy is content-neutral and intended to ensure patient safety and hospital operations. Is the regulation likely to be upheld?
• Do FRCP 11 sanctions apply to discovery requests and responses?
• Which statement correctly describes the Eleventh Amendment’s applicability in suits against state officers seeking prospective relief?
• What is required for collateral estoppel to apply regarding the fully and fairly litigated requirement?
• A federal statute requires retirement at age 75 for civil service employees, but age 65 for armed forces civil service employees. A 65-year-old federal employee seeks to block retirement at 65. The strongest argument is that the law:
• What standard does RFRA apply to government actions that substantially burden religious exercise?
• In diversity cases, which law governs substantive matters and procedure?
• A plaintiff seeks to add a party after filing the complaint. The new party was not named in the original complaint but was served within the period for serving the summons and complaint. The claims against the new party arise from the same conduct as the original complaint. Under Rule 15, this amendment is allowed if:
• Can federal-question jurisdiction arise from defenses or counterclaims?
• Which element is NOT part of res judicata (claim preclusion)?
• A student pays for cable television to view a defendant’s murder trial. The judge halts televising the trial. After the trial ends, the student sues for an injunction to resume televising. The case becomes moot. What is the proper disposition?