401 Quiz/Midterm Questions

Which of the following are included in the Mathews v. Eldridge balancing test laid out by the Court?

1. Consideration of the private interest affected by governmental action. 2. The risk of mistaken deprivation of a legitimate interest through the existing procedures (and the likely value of any additional procedural protection). 3. Consideration of the government's fiscal and administrative burdens that any additional procedure would require.

All but which statement constitutes the Court's reasoning in Brady?

1. Exculpatory evidence is necessary to turn over, because society wins when trials are fair. 2. Restricting a new trial to the question of punishment does not violate the Constitution. 3.The role of the prosecutor is to convict guilty (and not innocent) people, so turning over exculpatory evidence is part of the prosecutor's job. NOT: Suppression of evidence does not violate the Due Process clause.

What materials are subject to discovery under Rule 26(b)(1)?

1. Materials that are non privileged. 2. Materials that are relevant to a claim or defense. 3.Materials that are proportional to the needs of the case.

In Sniadach v. Family Finanace Corp., what did the court state was at minimum necessary to avoid a Due Process violation in this situation?

1. Notice 2. Prior hearing of some kind 3. Service writ of garnishment on the garnishee

In Goldberg v. Kelly, the court held that welfare recipients are entitled to:

1. Notice of reasons for termination 2. a pre-termination evidentiary hearing 3. A decision by a neutral dicisionmaker

What were the plaintiffs allegations in Twombly?

1. Parallel pricing (and other anticompetitive conduct to discourage CLECs from competing with ILECs) 2. Parallel lack of geographical competition 3. On information and belief, a conspiracy to do A & B

In Bias v. Advantage International, the D.C. Circuit stated that:

1. The party moving for summary judgment caries the initial burden of identifying parts of the record that allegedly demonstrate an absence of genuine issue of material of fact 2. Summary Judgement is appropriate when a party does not show the existence of an essential element in its case if it will bear the burden of proof at trial 3. Once the moving party has satisfied the burden, the burden shifts to the nonmoving party to show that there is more than some metaphorical doubt as to the material of facts.

Which of the following is NOT a rule developed by the majority in Strickland v. Washington?

1. When a convicted criminal defendant claims ineffective assistance of counsel, the defendant must show that the counsel's representation fell below an objective standard of reasonableness. 2. Judicial review of the counsel's representation will be highly deferential. 3. The defendant must show a reasonable probability that, but for the counsel's unreasonable errors, the result would have been different. NOT: Ineffective assistance of counsel is generally established by means of a checklist.

As discussed in the decision of Hamdi v. Rumsfeld:

A citizen has a fundamental right to be free from confinement, even if that confinement is necessitated by countervailing government interests, and that citizen must receive notice of the futile basis for the enemy combatant classification

What is the standard procedure for pleading established in Twombly?

A complaint must allege enough facts, taken as true, to state a claim for relief that is plausible on its face

What does Rule 8 (of the federal rules of civil procedure) require of a plaintiffs complaint?

A short and plain estaminet that the pleader is entitled to relief

In Connick v. Thompson, the majority opinion holds that lack of training for new lawyers on Brady violations is:

Acceptable, because lawyers have background training in interpreting and applying the law.

Which of the following best states the rule from Lassiter v. Dep't of Social Services?

An indigent litigant is presumed not to have a right to state-appointed counsel unless she faces the risk of being deprived of her physical liberty.

In tolan v. Coton, the Supreme Court at the summary judgment stage, the nonmovant's evidence must be:

Believed

In Robertson v. People Magazine, the Court determined the plaintiff's discovery requests were:

Disproportionate to the needs of the case, because the plaintiff's requests were burdensome and overbroad and of limited relevance to her employment discrimination claims.

At Step 1, what does Celotex require of a moving party who DOES NOT bear he burden of persuasion at trial (usually the defendant)?

Either produce evidence sufficient to negate a essential element of the opposing party's claim or defense or show an absence of evidence to support the essential elements of the opposing party's claim or defense

T/F: To make a prima facie case under Batson v. Kentucky, a crimina ldefnedant must demonstrate a widespread pattern of racially biased jury selection in her jurisdiction.

FALSE: Purposeful racial discrimination in even one case violates the Constitution

Which of the following statements best summaries the court in Fuentes v. Shevin?

Having title to property is NOT necessary for the Court to recognize a property interest- a possessory interest or statutory entitlement is sufficient

As to Tolan v. Cotton, which of the following is true?

Officer Cotton arguably satisfied his burden at Step 1 of the Celotex analysis but different judges might disagree on this question

At Step 2, what does Celotex require of a non-moving party who DOES NOT bear he burden of persuasion at trial (usually the defendant)?

Produce evidence sufficient to create a genuine dispute of material of fact for at least one essential element of the defense or the claim in question

At Step 1, what does Celotex require of a moving party who bears the burden of persuasion at trial (usually the plaintiff)?

Provide evidence sufficient to establish each essential element of her claim

What are the proper steps established in Iqbal for assessing whether claims should survive a motion to dismiss?

Step 1: Discard legal conclusions and formulaic recitation of claim elements Step 2: Assess remaining allegations for plausibility

Select the correct conclusion of Bias v. Advantage International Inc.

The D.C. Circuit Court agreed with the District Court that the Estate failed to show a genuine dispute regarding Bias's drug use.

What was the governing rule (which the Supreme Court relied) in Batson v. Kentucky?

The Equal Protection Cluse of the 14th amendment prohibits purposeful racial discrimination in juror selection

The proportionality language in Rule 26(b) (as discussed in Robertson v. People Magazine) requires the court to balance competing interests in discovery requests.

The above statement is true: balancing fairness/accuracy vs. efficiency/cost.

In State v. Macumber, the third-party confession was excluded from evidence because:

The confession was protected by the attorney-client privilege.

In Batson v. Kentucky, on whom did the initial burden of persuasion rest?

The defendant

In Brady v. Maryland, what did the Court conclude that due process requires in a criminal case?

The prosecution must disclose any evidence in its possession that could help exculpate the defendant or reduce his penalty.

What is the main legal test utilized in Hamdi v. Rumsfeld?

The test for due process from Matthews v. Eldridge

Which of the following is an accurate description of Celotex v. Catrett?

This case was decided at the motion for summary judgment stage, where the moving party needs to show that no reasonable jury could find the plaintiff's favor to at least one essential element specified by the underlying substantive law of product lability

T/F: In Goldberg v. Kelly, the court states that some governmental benefits may be terminated without a hearing.

True

Which two cases function so closely together in establishing a new standard for brining suit in federal court?

Twombly & Iqbal (known as Twiqbal)

What was the issue the Court decided in Gideon v. Wainwright?

Whether the 6th Amendment right to appointed counsel applies to states as well as the federal government.

What is the issue of Goldberg v. Kelly

Whether the due process rights of Mr. Kelly, a public welfare beneficiary, had been violated by his denial of benefits without a predetermination hearing

What is the main issue of Mathews v. Eldridge?

Whether the due process rights of Mr. Mathews had been violated by loss of social security disability benefits without an in-person pretermination evidentiary hearing.

What was the main issue of Fuentes v. Shevin?

Whether the due process rights of Ms. Fuentes had ben violated by the repossession of her stove and stereo without meaningful prior opportunity for Ms. Fuentes to challenge the re-possession

What is the main issue of Sniadach v. Family Finance Corp.?

Whether the due process rights of Ms. Sniadach had been violated by her employer garnishing her wages without any prior opportunity for Ms. Sniadach to challenge the granisment.

In the Supreme Court's view as explained in Goldberg v. Kelly, are welfare benefits considered property rights protected by the Due Process clause of the U.S. Constitution?

Yes

According to Conley v. Gibson, a claim should strive Rule 12 (b)(6) dismissal...

unless it appears beyond doubt that the plaintiff CANNOT prove any set of acts in support of her claim that would entitle her to relief