QUESTION 16 Hypo 4 A small town has a problem with fights breaking out between groups of teenagers who live in different parts of the county. One group, who live on Blackstone Road, wear black Adidas hats to identify themselves. The other, who live on Greenbriar Trail, wear green John Deere hats. Because fights have become common at the high school, the school board passed a rule banning headwear of any kind on school grounds. Later that school year, a new student moved in from Jamaica and is a practicing Rasafarian. As a Rastafarian, he is not required to cover his head, but within his faith covering one's head is a sign of devotion to God and the student is very devoted to his faith. When he is banned from wearing his head covering to school, his parents sue the school for violating his First Amendment rights 16. Which test--the Lemon Test or the Sherbert Test-applies here, and why? A. The Sherbert Test because this is a Free Exercise Clause issue B. The Lemon Test because this is an Establishment Clause issue C. The Lemon Test because this is a Free Exercise Clause issue D. The Sherbert Test because this is an Establishment Clause issue QUESTION 17 Hypo 4 A small town has a problem with fights breaking out between groups of teenagers who live in different parts of the county. One group, who live on Blackstone Road, wear black Adidas hats to identify themselves. The other, who live on Greenbriar Trail, wear green John Deere hats. Because fights have become common at the high school, the school board passed a rule banning headwear of any kind on school grounds. Later that school year, a new student moved in from Jamaica and is a practicing Rasafarian. As a Rastafarian, he is not required to cover his head, but within his faith covering one's head is a sign of devotion to God and the student is very devoted to his faith. When he is banned from wearing his head covering to school, his parents sue the school for violating his First Amendment rights 17. The Sherbert Test is a balancing test, meaning the prongs of the test are considered individually, but the court's decision comes from which way the issue is leaning after all the prongs are considered together. Which prong will likely be for most favorable the studenti A. Whether the rule had a secular (non-religious) purpose B. Whether the rule was necessary to achieve an important goal for the school C. Whether the rule avoids excessive government entanglement with religion D. Whether he had a sincerely held religious belief that was burdened by the school's action QUESTION 18 Hypo 4 A small town has a problem with fights breaking out between groups of teenagers who live in different parts of the county. One group. who live on Blackstone Road, wear black Adidas hats to identify themselves. The other, who live on Greenbriar Trail, wear green Joh Deere hats. Because fights have become common at the high school, the school board passed a rule banning headwear of any kind on school grounds. Later that school year, a new student moved in from Jamaica and is a practicing Rasafarian. As a Rastafarian, he is not required to cover his head, but within his faith covering one's head is a sign of devotion to God and the student is very devoted to his faith. When he is banned from wearing his head covering to school, his parents sue the school for violating his First Amendment rights 18. Which prong of the Sherbert Test will likely be most favorable for the school? A B. Whether the rule was necessary to achieve an important goal for the school Whether the effect of the rule neither advances or burdens religion Whether the student had a sincerely held religious belief Whether the rule was passed with a secular purpose C. D. QUESTION 19 Hypo 4 A small town has a problem with fights breaking out between groups of teenagers who live in different parts of the county. One group, who live on Blackstone Road, wear black Adidas hats to identify themselves. The other, who live on Greenbriar Trail, wear green John Deere hats. Because fights have become common at the high school, the school board passed a rule banning headwear of any kind on school grounds. Later that school year, a new student moved in from Jamaica and is a practicing Rasafarian. As a Rastafarian, he is not required to cover his head, but within his faith covering one's head is a sign of devotion to God and the student is very devoted to his faith. When he is banned from wearing his head covering to school, his parents sue the school for violating his First Amendment rights 19. Assume the school wants both to avoid being sued by the new student and also to stop fights based on who's wearing what hat. To achieve those purposes, the school requires that every student wear Rastafarian head coverings to school. The school is sued again on religious freedom grounds. Under the appropriate test, what fact or facts is/are most favorable for the school? A. That the rule neither advances nor inhibits religion B. That the rule does not burden anyone's sincerely held religious belief C. That the rule avoids excessive government entanglement with religion D. That the rule is secular in its purpose