FINAL EXAMINATION
CONSTITUTIONAL LAW II
PETER KEANE
FALL 2005
INSTRUCTIONS:
1.
You have three (3) hours to complete
this examination.
2.
This is a closed book exam. No outside materials of any kind are allowed,
nor may you consult or collaborate with other students.
3.
The exam consists of two parts.
·
Part I consists of 20
multiple-choice questions worth 1/3 of the total grade. Please mark your responses to the questions
on the separate “ParSCORE” test form using pen or pencil and follow the
instructions on that form. If you change
your answer, place a clear “X” through the
wrong answer and mark the correct one. A
machine will score the exam and any ambiguities will be counted as a wrong
answer.
·
Part II consists of two
essay questions, each worth 1/3 of the total grade. You should budget your time to devote one
hour and not more to each question.
Please write your responses in the blue books provided. Write clearly and legibly. Write on every other line and every other
page to permit instructor comments.
4.
Write your exam number on your exam envelope. Put your correct class section and student
exam number at the top of this page, each page of questions, each blue book,
and the ParSCORE test form. Do not use your name, student ID number or Social Security number
on any exam materials.
5.
At the conclusion of the exam, return all test materials,
including blue books, ParSCORE answer form, scratch paper, and this exam packet
to the envelope and submit it to the proctor.
DO NOT seal the
envelope. Students who do not return all
exam materials at the end of the exam may not be graded.
PART II
Essay Question One of Two Questions
One Hour
The
Anna
and several Nazi Party members show up at the library and hold a rally in the
lobby. Anna is arrested for trespass and
the other Nazis leave the lobby after being ordered to do so by the police. Outside on the street, the Nazis continue
their rally as a large hostile group gathers around them shouting threats. The police captain speaks with Robin, Anna’s
assistant and asks her if she will get the Nazis to stop yelling anti-Semitic
slogans. Robin says, “Go f--- yourself,
you miserable Jew lover.” The captain
arrests Robin.
The
captain orders two of the Nazi picketers to put down signs that say: “Gas
everyone except members of the White Race.”
The picketers refuse to put them down and they are arrested.
With
the arrival of a large group of angry people carrying signs reading
“Descendants of Holocaust Victims,” the police believe that a physical attack
upon the Nazis is likely to occur. The
police order the Nazis to leave. When
the Nazis refuse, the police begin to arrest them. They succeed in arresting several Nazis, but
suddenly one of the remaining Nazis fires several shots into the crowd, killing
two people. In the resulting confusion,
the remaining Nazis escape and the police do not capture the shooter.
The
next day, the district attorney investigating the killings subpoenas the
secretary of the Nazi party to appear before a grand jury. The secretary is ordered to turn over the
membership list of the Party. He refuses
and is jailed for contempt. The District
Attorney also files conspiracy charges in connection with the killings and
indicts all known members of the Nazi party in
(Continue to question 2, next page.)
PART II,
continued
Essay Question Two of Two Questions
One Hour
The
University of California Board of Regents is the state policy-making body for
the
1.
The Board is
concerned about the low number of African Americans who are admitted to the
medical school and to the
A.
Enacts a
regulation that African American applicants to the medical school will have
their undergraduate grade point average “weighted” by the admissions committee
to allow for “flexibility” in determining admission status. For all other applicants, unweighted grade
point averages are used to determine if they are eligible for admission.
B.
Enacts a
regulation that African American applicants for admission to the post-Medical
2.
The Board hears
expert testimony and considers studies on the physically rigorous demands that
are put upon doctors who are emergency room surgeons. As a result the Board passes a regulation
that no applicants over the age of 45 shall be admitted to the program for
emergency room surgical training at the
3.
The Board is
concerned about the fact that only 5% of the total number of
obstetrician-gynecologists in the medical profession are women. The board hears testimony that this is still
mainly due to a long history of discrimination against women in the medical
profession. The Board also hears
testimony concerning the particular need for women OB/GYNs due to the nature of
that practice. As a result, the Board
passes a resolution that female applicants to the OB/GYN program at the
4.
The Board is
concerned about a growing financial deficit in the operation of its teaching
hospital in
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