Monday, January 26, 2009

Sample quiz questions on political law

Equal protection is not violated by a reasonable classification. What are the requirements of a reasonable classification? [Choose more than one]
(a) It is substantive.
(b) It is not oppressive.
(c) It employs reasonable means.
(d) It is germane to the purpose of the law.
(e) It is justified by public interest .
(f) It is not limited to existing conditions.
(g) The law applies equally to all the members of the class identified by the law.

Correct answers: (a), (d),(f), and (g), Pp v Cayat. Note that a law that does not meet (g) is called class legislation. Incorrect answers: (b), (c), and (e), which are the requirements of a law that does not violate substantive due process. Kwong Sing v City of Manila.
Classifications: Easy, Political, Bill of rights, concepts

What is the liberal or rational approach to determining an allowable classification that does not violate the equal protection clause? [Choose one]
(a) It is used when the claim on equal protection is on economic matters. Here, the court will uphold a law where there is a rational, if not conclusive, basis for classification.
(b) It is used to measure classifications based on race, national origin, religion, alienage, denial of right to vote, interstate migration, access to courts, and other rights recognized as fundamental.

Correct answer: (a), Bernas. Note the settled rule that equal protection is consistent with a reasonable classification. Incorrect answer: (b), which is the strict scrutiny approach to determining whether a classification made in a law is reasonable. Bernas.
Classifications: Easy, Political, Bill of rights, concepts

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