WA Bar Exam - WA Constitutional Law
UPDATED ACTUAL Questions And
CORRECT Answers
Standing - CORRECT ANSWER - In order to prove standing, plaintiff must show an
INDIVIDUAL/PERSONAL injury that the defendant caused AND that can be redressed by the
requested relief
Associational standing - CORRECT ANSWER - An association has standing to sue when:
1) one or more members would have standing on their own AND
2) members' interest is related to purpose of the organization
Standing - WA LAW - CORRECT ANSWER - Washington law is more liberal when the
claim involves SERIOUS PUBLIC INTEREST immediately affecting substantial portion of the
population
Ripeness - CORRECT ANSWER - An existing dispute that threatens immediate and
substantial hardship to the plaintiff and can be resolved by a final and conclusive judgment
Mootness - CORRECT ANSWER - A case will be dismissed as moot if the controversy
has been resolved during the lawsuit
Mootness - class actions - CORRECT ANSWER - A class action can survive after
claimant is mooted out as long as one member still has active controversy
Mootness - WA LAW - CORRECT ANSWER - State appellate court may retain a moot
appeal involving issues of substantial public interest
, State Action - CORRECT ANSWER - State action includes official government conduct
and private conduct where there is significant governmental involvement with the private party
Strict Scrutiny - CORRECT ANSWER - The government's law, regulation, or action will
be upheld only if it is narrowly tailored to achieve a compelling government interest
Intermediate level scrutiny - CORRECT ANSWER - The government's law, regulation, or
action will be upheld only if it is SUBSTANTIALLY RELATED to an IMPORTANT
GOVERNMENT INTEREST
Rational basis review - CORRECT ANSWER - The government's law, regulation, or
action will be upheld if it is rationally related to a legitimate government interest
Rational basis IN WASHINGTON - CORRECT ANSWER - Plaintiff must demonstrate
irrationality or arbitrariness BEYOND A REASONABLE DOUBT
Takings - FEDERAL RULE - CORRECT ANSWER - The federal government (5th Amdt)
and state governments (14th Amdt) cannot take private property for public use without just
compensation
Possessory takings - CORRECT ANSWER - A possessory taking is a confiscation,
destruction, or permanent physical occupation -- in this case ODDS ARE HIGH there will be a
taking requiring compensation
Takings(Fed) - Public emergency exception - CORRECT ANSWER - The government
can possess without paying compensation in cases of serious public safety or health emergencies
Takings(Fed) - Regulatory takings - CORRECT ANSWER - A regulatory taking occurs
when a regulation leaves NO REASONABLY ECONOMICALLY VIABLE use of the property
Takings(Fed) - Public use - CORRECT ANSWER - As long as the government's use is
conceivable appropriate to serbe any legitimate purpose, there will be a public use
UPDATED ACTUAL Questions And
CORRECT Answers
Standing - CORRECT ANSWER - In order to prove standing, plaintiff must show an
INDIVIDUAL/PERSONAL injury that the defendant caused AND that can be redressed by the
requested relief
Associational standing - CORRECT ANSWER - An association has standing to sue when:
1) one or more members would have standing on their own AND
2) members' interest is related to purpose of the organization
Standing - WA LAW - CORRECT ANSWER - Washington law is more liberal when the
claim involves SERIOUS PUBLIC INTEREST immediately affecting substantial portion of the
population
Ripeness - CORRECT ANSWER - An existing dispute that threatens immediate and
substantial hardship to the plaintiff and can be resolved by a final and conclusive judgment
Mootness - CORRECT ANSWER - A case will be dismissed as moot if the controversy
has been resolved during the lawsuit
Mootness - class actions - CORRECT ANSWER - A class action can survive after
claimant is mooted out as long as one member still has active controversy
Mootness - WA LAW - CORRECT ANSWER - State appellate court may retain a moot
appeal involving issues of substantial public interest
, State Action - CORRECT ANSWER - State action includes official government conduct
and private conduct where there is significant governmental involvement with the private party
Strict Scrutiny - CORRECT ANSWER - The government's law, regulation, or action will
be upheld only if it is narrowly tailored to achieve a compelling government interest
Intermediate level scrutiny - CORRECT ANSWER - The government's law, regulation, or
action will be upheld only if it is SUBSTANTIALLY RELATED to an IMPORTANT
GOVERNMENT INTEREST
Rational basis review - CORRECT ANSWER - The government's law, regulation, or
action will be upheld if it is rationally related to a legitimate government interest
Rational basis IN WASHINGTON - CORRECT ANSWER - Plaintiff must demonstrate
irrationality or arbitrariness BEYOND A REASONABLE DOUBT
Takings - FEDERAL RULE - CORRECT ANSWER - The federal government (5th Amdt)
and state governments (14th Amdt) cannot take private property for public use without just
compensation
Possessory takings - CORRECT ANSWER - A possessory taking is a confiscation,
destruction, or permanent physical occupation -- in this case ODDS ARE HIGH there will be a
taking requiring compensation
Takings(Fed) - Public emergency exception - CORRECT ANSWER - The government
can possess without paying compensation in cases of serious public safety or health emergencies
Takings(Fed) - Regulatory takings - CORRECT ANSWER - A regulatory taking occurs
when a regulation leaves NO REASONABLY ECONOMICALLY VIABLE use of the property
Takings(Fed) - Public use - CORRECT ANSWER - As long as the government's use is
conceivable appropriate to serbe any legitimate purpose, there will be a public use
