1
BAR EXAM FLASHCARDS LATEST UPDATE 2025
EXAM ACTUAL QUESTIONS AND CORRECT
ANSWERS ALREADY GRADED A+ GUARANTEED
SUCCESS
Rational Basis
Plaintiff must show law not rationally related to legitimate interest.
Due Process
Procedural or substantive
Procedural - notice and an opportunity to be heard before depriving life, liberty, or
PROPERTY.
Substantive - Fundamental rights protection
Substantive Due Process
If there is an interference with a fundamental right (Right to vote, right of free
speech, and right to interstate travel), apply strict scrutiny.
Fundamental Rights
Rights requiring strict scrutiny if deprived.
Right to vote
Right of free speech
Right to interstate travel
Right to privacy - CMPER
, 2
C - Contraception
M - Marriage
P - Procreation
E - Education
R - Raise family
Procedural Due Process
Right to notice and hearing before property deprivation.
Property rights include Job, License, and public benefits
Free Exercise of Religion
Right to practice religion without violating law.
Look for INTENT on restricting the practice of religion
Establishment Clause
Government cannot create laws favoring religion.
Use the neutrality test
- Must not prefer one religion over another, all must be treated the same
Content-Based Regulation
Government regulates speech based on content.
Content Neutral Regulation
Government regulates time, place, manner of speech.
Ok as long as:
- Significant or important interest AND
, 3
- Leaves open alternative means/avenue of expression
Supremacy Clause
Federal law prevails over conflicting state law.
State's Rights
States get police power, feds don't.
State law can be stricter than fed law so long as there is no conflict.
Dormant Commerce Clause
State laws affecting interstate commerce may be restricted.
Exceptions -
1) Market Participant
State itself is a market participant
2) Congress Allows
State gets permission from congress to affect interstate commerce.
Bill of Attainder
Law targeting individuals or groups for penalties.
Ex Post Facto
Law retroactively making actions illegal.
5th vs 14th Amendment
5th applies federally; 14th applies to states.
Search and Seizure
For the rule to apply. Has to be gov official or person acting under direction of
gov.
Search - Where you have expectation of Privacy.
, 4
Exception: no expectation of privacy in open fields
Probable cause
(1) reasonable person could conclude
(2) items related to criminal activity
(3) can be found at the location.
If 3 above elements are met, you now need a WARRANT
Warrants
I. If there is a search, generally need a WARRANT
· neutral and detached magistrate determines probable cause issued Timely
· specific place, items and/or people and scope detailed in Warrant-
· Informants tip is ok to rely on as long as reliable **********
· If cops rely on info which turns out not to be valid, search is still ok.
Make sure you read facts carefully as to whether the cops EXCEEDED SCOPE of
Search!!!
Warrant exceptions
1) consent
2) exigent circumstances
3) automobile
4) search incident to arrest (SILA)
BAR EXAM FLASHCARDS LATEST UPDATE 2025
EXAM ACTUAL QUESTIONS AND CORRECT
ANSWERS ALREADY GRADED A+ GUARANTEED
SUCCESS
Rational Basis
Plaintiff must show law not rationally related to legitimate interest.
Due Process
Procedural or substantive
Procedural - notice and an opportunity to be heard before depriving life, liberty, or
PROPERTY.
Substantive - Fundamental rights protection
Substantive Due Process
If there is an interference with a fundamental right (Right to vote, right of free
speech, and right to interstate travel), apply strict scrutiny.
Fundamental Rights
Rights requiring strict scrutiny if deprived.
Right to vote
Right of free speech
Right to interstate travel
Right to privacy - CMPER
, 2
C - Contraception
M - Marriage
P - Procreation
E - Education
R - Raise family
Procedural Due Process
Right to notice and hearing before property deprivation.
Property rights include Job, License, and public benefits
Free Exercise of Religion
Right to practice religion without violating law.
Look for INTENT on restricting the practice of religion
Establishment Clause
Government cannot create laws favoring religion.
Use the neutrality test
- Must not prefer one religion over another, all must be treated the same
Content-Based Regulation
Government regulates speech based on content.
Content Neutral Regulation
Government regulates time, place, manner of speech.
Ok as long as:
- Significant or important interest AND
, 3
- Leaves open alternative means/avenue of expression
Supremacy Clause
Federal law prevails over conflicting state law.
State's Rights
States get police power, feds don't.
State law can be stricter than fed law so long as there is no conflict.
Dormant Commerce Clause
State laws affecting interstate commerce may be restricted.
Exceptions -
1) Market Participant
State itself is a market participant
2) Congress Allows
State gets permission from congress to affect interstate commerce.
Bill of Attainder
Law targeting individuals or groups for penalties.
Ex Post Facto
Law retroactively making actions illegal.
5th vs 14th Amendment
5th applies federally; 14th applies to states.
Search and Seizure
For the rule to apply. Has to be gov official or person acting under direction of
gov.
Search - Where you have expectation of Privacy.
, 4
Exception: no expectation of privacy in open fields
Probable cause
(1) reasonable person could conclude
(2) items related to criminal activity
(3) can be found at the location.
If 3 above elements are met, you now need a WARRANT
Warrants
I. If there is a search, generally need a WARRANT
· neutral and detached magistrate determines probable cause issued Timely
· specific place, items and/or people and scope detailed in Warrant-
· Informants tip is ok to rely on as long as reliable **********
· If cops rely on info which turns out not to be valid, search is still ok.
Make sure you read facts carefully as to whether the cops EXCEEDED SCOPE of
Search!!!
Warrant exceptions
1) consent
2) exigent circumstances
3) automobile
4) search incident to arrest (SILA)
