One party acted after receiving notice of a legal risk tied to Constitutional Procedure. One argument was preserved, while another was raised only later. Which result best accounts for preservation and merits? Correct. T...
Citations: Common law criminal doctrine, Model Penal Code principles, Fourth, Fifth, Sixth, and Fourteenth Amendment criminal procedure doctrine
One party acted after receiving notice of a legal risk tied to Constitutional Procedure. The key event occurred after warnings, partial performance, and a written objection by the affected party. The opponent argues that...
Citations: Common law criminal doctrine, Model Penal Code principles, Fourth, Fifth, Sixth, and Fourteenth Amendment criminal procedure doctrine
One party acted after receiving notice of a legal risk tied to Constitutional Procedure. The moving party has the burden on a contested element, and the opponent identifies a plausible exception. How should the issue mos...
Citations: Common law criminal doctrine, Model Penal Code principles, Fourth, Fifth, Sixth, and Fourteenth Amendment criminal procedure doctrine
One party acted after receiving notice of a legal risk tied to Constitutional Procedure. The record contains both written proof and disputed oral testimony. Which answer gives the best treatment of the proof and governin...
Citations: Common law criminal doctrine, Model Penal Code principles, Fourth, Fifth, Sixth, and Fourteenth Amendment criminal procedure doctrine
One party acted after receiving notice of a legal risk tied to Constitutional Procedure. The requested remedy would protect one party but impose a substantial burden on another party who had notice of the risk. The oppon...
Citations: Common law criminal doctrine, Model Penal Code principles, Fourth, Fifth, Sixth, and Fourteenth Amendment criminal procedure doctrine
A city landmark law prevents the owner of a historic theater from adding a 40-story office tower above it. The owner can still operate the theater, lease retail space inside it, and sell unused development rights to near...
Citations: U.S. Const. amend. V, Penn Central Transportation Co. v. New York City, Murr v. Wisconsin
...d, in a separate section, that the newspaper would lose under a state constitutional provision that the court expressly interpreted as independent of federal law and adequate by itself to support the judgment. The newspa...
Citations: U.S. Const. art. III, sec. 2, Michigan v. Long
...a federal district court to declare whether a proposed bill would be constitutional before Congress votes on it. In a separate action, a medical-device manufacturer sued for a declaratory judgment after a federal agency...
Citations: U.S. Const. art. III, sec. 2, Muskrat v. United States, Aetna Life Insurance Co. v. Haworth
A state bans billboards truthfully advertising lawful nicotine-replacement products within one mile of any college campus. The state says the ban will reduce impulse purchases by students but has little evidence about bi...
Citations: U.S. Const. amend. I, Central Hudson Gas & Electric Corp. v. Public Service Commission
A state law bars any person who owes more than $5,000 in unpaid civil judgments from receiving a marriage license unless the creditor consents. An engaged couple challenges the law after one partner is denied a license b...
Citations: U.S. Const. amend. XIV, Loving v. Virginia, Zablocki v. Redhail, Obergefell v. Hodges
A state law requires every private newsletter, website, and retail receipt distributed in the state to display the sentence, "Our state's economic policy is fair and successful." A small publisher objects to carrying the...
Citations: U.S. Const. amend. I, West Virginia State Board of Education v. Barnette, Wooley v. Maynard, Miami Herald Publishing Co. v. Tornillo
...t to issue a formal opinion advising whether a proposed bill would be constitutional before Congress votes on it. Separately, a company filed a declaratory judgment action after a federal agency sent a final warning lett...
Citations: U.S. Const. art. III, Marbury v. Madison, Muskrat v. United States, Michigan v. Long, Ex parte McCardle, United States v. Klein
...reates an agency headed by one Director who enforces federal consumer laws, seeks civil penalties, and issues binding rules. The statute permits removal of the Director only for cause and also says Congress may remove th...
Citations: U.S. Const. art. II, Myers v. United States, Humphrey's Executor v. United States, Bowsher v. Synar, Seila Law LLC v. Consumer Financial Protection Bureau
Four lawsuits reach federal court. In the first, voters allege that their state government is not "republican" because the legislature allows statewide initiatives to override statutes. In the second, a federal judge rem...
Citations: U.S. Const. art. III, sec. 2, Baker v. Carr, Luther v. Borden, Nixon v. United States, Rucho v. Common Cause, Japan Whaling Association v. American Cetacean Society
Officers lawfully enter an apartment with a warrant to search for stolen televisions. While walking through the living room, an officer sees a clear bag of counterfeit passports on a coffee table and immediately recogniz...
Citations: U.S. Const. amend. IV, Horton v. California
Police lawfully arrest a suspect and compel him to provide a blood sample, appear in a lineup, give fingerprints, and copy a sentence in handwriting. The suspect argues that all four items violate the Fifth Amendment pri...
Citations: U.S. Const. amend. V, Schmerber v. California, United States v. Wade, Gilbert v. California
Police lawfully stop a van and smell fresh marijuana coming from inside. They also see rolling papers on the passenger seat. Without getting a warrant or arresting the driver first, they search the van and open a small b...
Citations: U.S. Const. amend. IV, Carroll v. United States, United States v. Ross, California v. Acevedo
Police unlawfully search an apartment rented by Tenant. They find drugs in Tenant's bedroom and charge Visitor, who had stopped by for five minutes to buy drugs and had no key, belongings, or overnight arrangement. Visit...
Citations: U.S. Const. amend. IV, Rakas v. Illinois, Minnesota v. Olson, Minnesota v. Carter
State A enacted a food-safety law requiring every wheel of cheese produced outside State A to be aged, sliced, and inspected at a facility located in State A before it may be sold to State A grocery stores. Cheese produc...
Citations: U.S. Const. art. I, sec. 8, cl. 3, Philadelphia v. New Jersey, Dean Milk Co. v. City of Madison
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
State C regulates ads for lawful sports-nutrition supplements. The state bans all billboards that truthfully advertise lawful supplements within 1,000 feet of a college campus, stating that the ban will reduce impulsive...
Citations: U.S. Const. amend. I, Central Hudson Gas & Electric Corp. v. Public Service Commission, Zauderer v. Office of Disciplinary Counsel, National Institute of Family and Life Advocates v. Becerra, West Virginia State Board of Education v. Barnette
...end. IV, United States v. Leon, Herring v. United States, Franks v. Delaware
Citations: U.S. Const. amend. IV, United States v. Leon, Herring v. United States, Franks v. Delaware
...ent actions in federal court. The statute also creates administrative law judges who conduct adversarial hearings, issue initial decisions, and impose penalties unless the Director reviews them. The Director appoints tho...
Citations: U.S. Const. art. II, sec. 2, Buckley v. Valeo, Morrison v. Olson, Edmond v. United States, Lucia v. SEC, Free Enterprise Fund v. Public Company Accounting Oversight Board, Seila Law LLC v. Consumer Financial Protection Bureau
...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
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