Showing posts with label con law. Show all posts
Showing posts with label con law. Show all posts

02 September 2013

Bar Prep: Constitutional Law #1

This is one in a series of posts designed to give you some insight into the questions that one might see on the bar exam, and how one might go about answering them. For similar posts, click here.

QUESTION: A New York law provides state residents with a decreased state college tuition; while nonresidents, or those students who have been residents for less than 5 years, shall pay a higher nonresident tuition rate. A fourth-year resident files a class action suit challenging the constitutionality of the law in federal district court and seeks a declaratory judgment. The state moves to dismiss on this basis: by the time the case would come to trial, 13 months after filed, the resident would by then be eligible for the reduced tuition rate. Should the state's motion be granted?

A. No, because there is a live controversy.

B. Yes, because the student lacks standing.

C. No, because a declaratory judgment is the improper vehicle.

D. Yes, because the student is now an eligible resident.