Pat was a librarian at Dell High School. Pat’s responsibilities included monitoring students assigned to study in the library, helping students find books, buying new books for the library, putting books back on shelves, and giving students research advice on how to proceed. As part of the book buying process Pat reads books the library might acquire while she is minding her desk and monitoring students. Among the books many she read at the desk this last semester and ultimately purchased for the library were Rosaria Butterfield’s Five Lies of Our Anti-Christian Age, (2023), Jerimiah Johnston’s The Jesus Discoveries; 10 historic Finds That Bring Us Face to Face With Jesus, (2026), C.S. Lewis’ Mere Christianity, an English version of Thomas Aquinas’ Treaties on Law from the Suma Theologica, an English translation of the Quran, The Complete works of William Shakespear, Confucius’ Analects in English, an English translation of the Buddhist folk classic The Journey to the West, and an English translation of the Jewish work The Babylonian Talmud. Pat read and rejected Michel Foucault’s The History of Sexuality, making a note that she considered it inappropriate for High School students without parental permission, and that she saw no reason to spend time and money seeking permission from parents. Three anonymous students complained to the principal and the school board about these choices, as well as getting the ACLU to write a letter to the school board stating that these choices constituted a violation of the separation of church and state. The district fired Pat, citing how her choices Dell High School vulnerable to expensive litigation. Pat produced records showing that except for the two books published recently, all of the other books had been on the collections of High School library’s in 28 states between 1838 and 1959, Records were not available for the holdings of the other states, or prior to 1838 as that was when the earlies High School libraries were established in the United States, Philadelphia’s being one of the first. How would you advise Pat on whether her reading at the desk or her choices were Constitutional? What arguments can be made for Pat and Dell concerning the First Amendment’s application to Pat’s actions?   

Intending to encourage long-time resident aliens to become American citizens, State T passed a law denying numerous state and municipal jobs to persons who had been resident aliens for longer than 10 years. Those already in State T had to apply for American citizenship within a year after the law took effect. Persons who had acquired resident alien status prior to achieving the age of majority had until age 30 to acquire such status or be automatically disqualified from obtaining such a job. A 40-year-old man who has been a resident alien in State T for 15 years applied for a job as a police emergency response telecommunications expert. He had not filed for citizenship within the one-year grace period.May State T constitutionally rely on the statute to refuse to hire the man?

Question-20

State O passed a statute requiring all employers in State O to provide a medical insurance plan for full-time employees. A State O trade association to which many state employers belong brought suit in federal court, asking the court to strike down the statute as unconstitutional. Assume that the State O statute is not preempted by any federal law.Which of the following best reflects the burden of persuasion in this case?

A client presents with sudden-onset wheezing, hypotension, and swelling of the lips. What is the nurse’s priority action?

Logan owned a large parcel of land that he divided into two equal parcels. Thirty years ago, Logan deeded the eastern parcel to Pat by warranty deed, including an easement over the south twenty-five feet of the western parcel for access to the navigable river that ran along the westerly boundary of the western parcel. Logan acknowledged the deed and easement, and Pat recorded the document. The recording officer maintains an alphabetical grantor–grantee index, but no tract index.Pat made no use of the easement until five years ago, one year after Nate, her neighbor, had purchased the western parcel from Logan. Nate had paid at least market value for the western parcel and was not aware of Pat’s easement. Nate objected to Pat’s use of the easement shortly after she began using it, but Pat paid no attention. Pat had reasonable access to a public highway on the easterly boundary of the eastern parcel. Nate sues Pat to quiet his title and to restrain Pat from using the easement over the western parcel.If Pat is successful, what is the likely reason?

Question 15-autism

An act of Congress provides for the payment of Social Security benefits to the disabled children of deceased workers. The benefits are payable even after the child reaches the age of majority, but terminate automatically if the recipient marries, unless the recipient marries a person who is also disabled, in which case the Social Security payments continue.Payton has been disabled since birth, and her father died when she was 14 years of age. She has received Social Security benefits since her father’s death. However, at age 25, Payton married. Her husband is not disabled, and thus her Social Security benefits were summarily terminated. She files suit in federal district court, seeking to compel the government to restore her benefits. Payton asserts, among other things, that there is no logical reason why she should be deprived of benefits when unmarried disabled persons and disabled persons who marry other disabled persons continue to receive them.Which of the following provides the strongest constitutional basis for Payton’s suit?

Lucas owned an apartment building. Needing money to make some repairs and improvements, he went to Brilliant Bank and applied for a loan. Brilliant Bank loaned Lucas $100,000, secured by a mortgage on the apartment building. Last month, Lucas defaulted on his mortgage payments. Brilliant Bank instituted foreclosure proceedings and wishes to take possession of the apartment building in order to collect the rents from the property.Does Brilliant Bank have the right to take possession of the apartment building before foreclosure?

Brandon entered into a private sale with Seth to purchase his home for $300,000. The date for closing was not expressly stated in the written agreement, but Brandon knew Seth had taken a new job in another state, which was scheduled to begin three months from the date of the sales contract. After the sales contract was drafted, both parties reviewed the specific terms. Seth then handed the contract back to Brandon without signing it. Brandon did sign the document, then he set it aside. For the next ten weeks, Seth did not hear from Brandon. Seth attempted unsuccessfully to reach Brandon by phone on several occasions.The following week, Seth was approached by a third party who offered to pay him $350,000 for the house. Seth accepted the offer and sold the house.Brandon called Seth two days later, saying he was ready to deliver a cashier’s check for $300,000 and close the sale. When Seth informed him that the house had already been sold, Brandon brought suit against Seth for breach of contract.Will Brandon prevail in this action?