Nonsuspect Classifications Self-Quiz








Nonsuspect classification are subjected to which level of review?
Choice 1 Rational basis review.
Choice 2 Intermediate scrutiny.
Choice 3 Strict scrutiny.
Choice 4 It depends on whether the right at state is fundamental or not.
Which of the following is not a nonsuspect classification?
Choice 1 Sexual orientation.
Choice 2 Age.
Choice 3 Sex.
Choice 4 Physical disability.
A Westernstate statute, as interpreted by its courts, results in the ability to sue an out-of-state corporation in any county in Westernstate but requires that a suit brought against a corporation formed under the laws of Westernstate be brought only in the county where that corporation has its principal place of business. Will this state-sponsored discrimination be permitted?
Choice 1 YES, because the classification is nonsuspect and will therefore be subjected only to rational basis review, which it is likely to pass.
Choice 2 YES, because corporations have no rights in themselves, and discrimination against a corporation is therefore never an issue.
Choice 3 NO, because the classification is nonsuspect and will therefore be subjected only to rational basis review, which it is likely to fail.
Choice 4 NO, because an out-of-state corporation can never be sued except by consent.
Westernstate seeks to reward its hardworking teachers by granting the children of all public school teachers the right to attend public universities in the state free of charge. In order to avoid disputes, the law creates this tuition-free status only for children whose parents lived and taught within the state throughout that child’s high school career. Is the law valid?
Choice 1 NO, because the law uses a suspect classification which is not necessary to achieve a compelling state goal.
Choice 2 NO, because the law uses a nonsuspect classification which is not rationally related to an otherwise legitimate state goal.
Choice 3 NO, because the law uses a nonsuspect classification to achieve an illegitimate purpose.
Choice 4 YES, whatever the level of scrutiny applied this law will pass muster given its focus on aiding in education.
The general outlines of “nonsuspect classifications” overlap significantly with:
Choice 1 Laws which classify based on gender and alienage.
Choice 2 Regulation of economic activity, the distribution of economic benefits, and social welfare.
Choice 3 Regulation of state-specific issues, whether they concern state citizens or out-of-state citizens.
Choice 4 Law covering anything other than racial discrimination and gender discrimination.
Westernstate law requires that all persons over 6 foot 6 inches in height sit in the last two rows of movie theatres, concert halls, and similar public venues. Several “tall-ies” sue claiming equal protection violation. What is the standard of review which will be applied to the law?
Choice 1 Strict scrutiny.
Choice 2 Rational basis review.
Choice 3 The physical discrimination test.
Choice 4 Because this is a case of first impression, the court determines the appropriate standard.

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