...al statute requires each state legislature to enact a state licensing law for short-term rental hosts. The same statute directly prohibits private online platforms from listing rentals that lack a federally assigned regi...
Citations: U.S. Const. amend. X, New York v. United States, Murphy v. NCAA
MetroHarvest, Inc. has a five-member board. Its bylaws require three directors for a quorum and majority approval of directors present at a meeting. The corporation's chief operating officer has signed ordinary supply co...
Citations: NCBE MEE Business Associations outline, Model Business Corporation Act board-action principles
State A enacted a law requiring online political advertisers to file donor reports within 24 hours after any ad is posted. Violations carry civil penalties. A small advocacy group planned to run ads next month, but sued...
Citations: U.S. Const. art. III, sec. 2, Abbott Laboratories v. Gardner, Susan B. Anthony List v. Driehaus, Friends of the Earth, Inc. v. Laidlaw Environmental Services, Inc., Southern Pacific Terminal Co. v. ICC, Roe v. Wade
...lation of states and commandeering state officials to enforce federal law. U.S. Const. amend. X, Reno v. Condon, Printz v. United States
Citations: U.S. Const. amend. X, Reno v. Condon, Printz v. United States
...investigating a theft use several methods to gather information: they listen from a public sidewalk, attach a tracker to a suspect's car while it is parked in the driveway, and obtain detailed long-term location records...
Citations: U.S. Const. amend. IV, Katz v. United States, United States v. Jones
A member of Congress reads subpoenaed documents into the record during a committee hearing, then gives the same documents to a campaign consultant who posts them with campaign commentary. The target of the documents sues...
Citations: U.S. Const. art. I, sec. 6, cl. 1, Gravel v. United States, United States v. Brewster
State C owns and operates a mill that sells reclaimed lumber from state demolition projects. During a shortage, the mill gives State C residents first priority to buy lumber and charges them 20 percent less than nonresid...
Citations: U.S. Const. art. I, sec. 8, cl. 3, Reeves, Inc. v. Stake, South-Central Timber Development, Inc. v. Wunnicke
...ior year. State prosecutors later charge the aide under state bribery law based on the same facts, and Congress continues impeachment proceedings against the aide for prior federal office misconduct. Which statement is m...
Citations: U.S. Const. art. II, sec. 2, Ex parte Garland
...t. art. III, sec. 2, Abbott Laboratories v. Gardner, Susan B. Anthony List v. Driehaus
Citations: U.S. Const. art. III, sec. 2, Abbott Laboratories v. Gardner, Susan B. Anthony List v. Driehaus
...or legislative prayer and coercion. U.S. Const. amend. I, Marsh v. Chambers, Town of Greece v. Galloway, Kennedy v. Bremerton School District
Citations: U.S. Const. amend. I, Marsh v. Chambers, Town of Greece v. Galloway, Kennedy v. Bremerton School District
City A owns a downtown plaza connected to public sidewalks and regularly opens it for rallies, concerts, and festivals. After several noisy protests, the city adopted a speech ordinance. The ordinance prohibits "polit...
Citations: U.S. Const. amend. I, Perry Education Association v. Perry Local Educators' Association, Ward v. Rock Against Racism, Reed v. Town of Gilbert, Forsyth County v. Nationalist Movement
...dollars supported the purchase. A bookstore sued to challenge a state law prohibiting customers under age 21 from buying certain political books, arguing that its customers' speech rights are violated. Finally, a fair-ho...
Citations: U.S. Const. art. III, sec. 2, Frothingham v. Mellon, Flast v. Cohen, Hein v. Freedom From Religion Foundation, Inc., Craig v. Boren, Havens Realty Corp. v. Coleman
...Frothingham v. Mellon, Flast v. Cohen, Hein v. Freedom From Religion Foundation, Inc.
Citations: U.S. Const. art. III, sec. 2, Frothingham v. Mellon, Flast v. Cohen, Hein v. Freedom From Religion Foundation, Inc.
State B is home to a large dairy industry. After several food-safety incidents, the State enacted three measures. First, milk sold in State B must be pasteurized at a facility located in State B. Second, all milk cont...
Citations: U.S. Const. art. I, sec. 8, cl. 3, Philadelphia v. New Jersey, Pike v. Bruce Church, Inc., Reeves, Inc. v. Stake, South-Central Timber Development, Inc. v. Wunnicke
State C enacted a tax on online retailers. The tax applies to retailers with more than $500,000 in annual sales to State C customers, whether or not the retailer has offices, employees, or inventory in State C. The ta...
Citations: Complete Auto Transit, Inc. v. Brady, South Dakota v. Wayfair, Inc., Comptroller of the Treasury v. Wynne, U.S. Const. art. I, sec. 8, cl. 3
...ales there through its website. The retailer argues that the tax is unconstitutional because it lacks physical presence in State D. Which statement is most accurate? The best answer applies Complete Auto and Wayfair: phy...
Citations: U.S. Const. art. I, sec. 8, cl. 3, Complete Auto Transit, Inc. v. Brady, South Dakota v. Wayfair, Inc.
...peared at trial, but the judge excluded her testimony because Malik's lawyer had listed her as a witness one day late. The judge did not consider a continuance or other lesser sanction. During voir dire, Juror 8 said he...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Washington v. Texas, Chambers v. Mississippi, Brady v. Maryland, Smith v. Phillips
...lives 1,500 miles away alleges that all citizens have an interest in lawful agency procedure. Third, Forest Watch, a nonprofit with 2,000 members, alleges that several named members use the affected trail and asks for a...
Citations: U.S. Const. art. III, sec. 2, Lujan v. Defenders of Wildlife, Friends of the Earth, Inc. v. Laidlaw Environmental Services, Inc., Hunt v. Washington State Apple Advertising Commission, Summers v. Earth Island Institute
...r other lesser remedy. Which statement best describes the defendant's constitutional argument? The best answer states the constitutional limit on excluding material defense witnesses. NCBE NextGen UBE Content Scope, Crim...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Washington v. Texas, Chambers v. Mississippi
...ned. The complaint also alleges that all citizens have an interest in lawful federal administration. The association seeks an injunction vacating the permit and requiring the agency to reconsider it. Which statement best...
Citations: U.S. Const. art. III, sec. 2, Lujan v. Defenders of Wildlife, Friends of the Earth, Inc. v. Laidlaw Environmental Services, Inc., Summers v. Earth Island Institute
...State Apple Advertising Commission, Friends of the Earth, Inc. v. Laidlaw Environmental Services, Inc.
Citations: U.S. Const. art. III, sec. 2, Hunt v. Washington State Apple Advertising Commission, Friends of the Earth, Inc. v. Laidlaw Environmental Services, Inc.
...each side, state the controlling rule for criminal law and procedure: Constitutional Procedure, apply it to the material facts, and explain the likely remedy or consequence. This essay tests criminal law and procedure: C...
Citations: Common law criminal doctrine, Model Penal Code principles, Fourth, Fifth, Sixth, and Fourteenth Amendment criminal procedure doctrine
...eive" monthly disability benefits unless the agency finds one of five listed grounds for termination. The agency cuts off a recipient's benefits after reviewing medical records but without giving advance notice or a chan...
Citations: U.S. Const. amend. XIV, Board of Regents v. Roth, Mathews v. Eldridge, Goldberg v. Kelly
...plies the Free Exercise rule for nonneutral, non-generally applicable laws. U.S. Const. amend. I, Employment Division v. Smith, Church of the Lukumi Babalu Aye v. City of Hialeah, Fulton v. City of Philadelphia
Citations: U.S. Const. amend. I, Employment Division v. Smith, Church of the Lukumi Babalu Aye v. City of Hialeah, Fulton v. City of Philadelphia
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