Plaintiff Always Bears The Burden
This trap appears as a wrong-answer choice in 2 active questions. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Constitutional Law2
Example wrong choices
14227_priscilla_treasurer · CONSTITUTIONAL_LAW · Choice APriscilla must demonstrate that the statute is not rationally related to a legitimate state interest.
Why it's wrong
Choice A is not the credited answer for this item.
14227_priscilla_treasurer · CONSTITUTIONAL_LAW · Choice BThe state must demonstrate that the statute is rationally related to a legitimate state interest.
Why it's wrong
Choice B is not the credited answer for this item.
14227_priscilla_treasurer · CONSTITUTIONAL_LAW · Choice CPriscilla must demonstrate that the statute is not necessary to achieve a compelling state interest.
Why it's wrong
Choice C is not the credited answer for this item.
14229_daily-bread-depot · CONSTITUTIONAL_LAW · Choice AUnconstitutional, because the burden was on the city to demonstrate that this condition was necessary to vindicate a compelling governmental interest, and the city failed to meet that burden.
Why it's attractive
Strict scrutiny language answers a neighboring constitutional question, not this exaction.
Why it's wrong
Strict scrutiny language answers a neighboring constitutional question, not this exaction.
14229_daily-bread-depot · CONSTITUTIONAL_LAW · Choice CConstitutional, because the burden was on Daniel to demonstrate that there was no rational relationship between this condition and a legitimate governmental interest, and Daniel could not do so because the condition is reasonably related to improving the lives of families and children in the city.
Why it's attractive
Rational basis is the wrong lane once the city demands a give-back for a permit.
Why it's wrong
Rational basis is the wrong lane once the city demands a give-back for a permit.
14229_daily-bread-depot · CONSTITUTIONAL_LAW · Choice DConstitutional, because the burden was on Daniel to demonstrate that this condition was not necessary to vindicate a compelling governmental interest, and Daniel failed to meet that burden.
Why it's attractive
The owner does not carry the city's exaction burden.
Why it's wrong
The owner does not carry the city's exaction burden.
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