Crucial Exams

Multistate Bar Examination Practice Question

Mary, a resident of California, files a lawsuit in federal court against the State of California, alleging that the state has violated her rights under a federal environmental statute. Under the Eleventh Amendment, which of the following best describes the outcome of her lawsuit?

  • Mary can sue California in federal court because state actions conflicting with federal laws are subject to the Supremacy Clause.

  • Mary can proceed with her lawsuit if she can demonstrate that Congress has expressly allowed this type of suit against the state.

  • Mary’s lawsuit is not allowed because states are protected from such lawsuits under federal principles.

  • Mary can pursue her claim against California since federal laws take precedence over state defenses.

Multistate Bar Examination
Constitutional Law
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