Crucial Exams

Multistate Bar Examination Practice Question

A non-profit organization files a lawsuit in federal court against a state government, alleging that the state has failed to uphold specific federal civil rights protections. The state argues that the lawsuit is barred by the Eleventh Amendment due to state sovereign immunity. Under which condition can the federal court proceed with the lawsuit despite the state's claim of immunity?

  • If Congress has enacted legislation under its constitutional enforcement powers that permits such lawsuits.

  • If the non-profit organization can demonstrate direct involvement of state officials in the alleged violation.

  • If the state's actions are authorized or ratified by its representatives.

  • If the lawsuit also includes claims against federal officials alongside the state.

Multistate Bar Examination
Constitutional Law
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