Please answer the questions below equaling 100 points. Success on the exam will be directly related to depth of discussion for each question. Answers should be in-depth and constructive.
Question 5 (20 pts)
Discuss the use of the “Establishment Clause” in shaping the current relationship of government with religious expression, and make an argument for the appropriateness of the strict limits on that expression by the courts.
Question 7 (20 pts)
One of the most critical legal concepts to understand in administrative law is the concept of due process. Discuss due process to demonstrate a clear understanding of the concept, and in your discussion, include the history of the concept at both the state and federal level.
Question 8 (20 pts)
Tort law deals with civil wrongs which can be grouped into intentional or unintentional wrongs. Discuss the protections government has from tort claims or suits and how these protections are actually applied.
Question 9 (20 pts)
Criminal law is generally based on the concept of “Mens Rea” or guilty mind, while administrative laws frequently have no such requirement. Consider this difference and discuss the meaning for both criminal and administrative law enforcement.
Question 12 (20 pts)
Discuss the role and function of the Administrative Procedures Act in relation to administrative law and the administrative functions of government.