Crucial Exams

Multistate Bar Examination Practice Question

A citizen of State A files a lawsuit in federal court against State B, alleging that State B violated their constitutional rights. State B moves to dismiss the lawsuit, arguing that it is immune from suit under the Eleventh Amendment. Which of the following circumstances would most likely allow the lawsuit to proceed?

  • State B has been sued by another state, which has also intervened in this lawsuit in support of the citizen's claims.

  • The lawsuit is filed in a state court rather than a federal court.

  • Congress has expressly abrogated state sovereign immunity by enacting legislation under Section 5 of the Fourteenth Amendment to address constitutional violations.

  • The citizen seeks monetary damages, and the violation is alleged to have occurred within the citizen's state of residence.

Multistate Bar Examination
Constitutional Law
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