Question
Constitutional Law | First Amendment | ESSAY
Hard
...e campaign events. The ordinance also requires a permit for any group of more than 25 people using amplified sound after 8 p.m. The permit official may deny a permit if the official believes the event would be "inconsist...
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
Question
Constitutional Law | Judicial Review and Justiciability | MULTIPLE_CHOICE
Hard
A trade association of independent pharmacies challenged a state rule requiring pharmacies to disclose customer records to a state database. The association alleges that several named member pharmacies must comply next m...
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.
Question
Constitutional Law | Executive Powers | MULTIPLE_CHOICE
Medium
...issues a pardon to an aide for all completed federal campaign-finance offenses committed during the prior year. State prosecutors later charge the aide under state bribery law based on the same facts, and Congress contin...
Citations: U.S. Const. art. II, sec. 2, Ex parte Garland
Question
Business Associations | Directors and Officers | ESSAY
Medium
...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 contracts up to $250,000 for years without spe...
Citations: NCBE MEE Business Associations outline, Model Business Corporation Act board-action principles
Question
Constitutional Law | Judicial Review and Justiciability | ESSAY
Hard
...lyze ripeness and mootness, including voluntary cessation and capable-of-repetition-yet-evading-review. This essay tests ripeness, pre-enforcement review, mootness, voluntary cessation, and capable-of-repetition-yet-evad...
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
Question
Constitutional Law | Due Process and Equal Protection | MULTIPLE_CHOICE
Hard
A nonprofit sports league leases a city stadium for $1 per year. The city appoints one-third of the league's board, approves the league's annual budget, and requires the league to follow city recreation policies. The lea...
Citations: U.S. Const. amend. XIV, Brentwood Academy v. Tennessee Secondary School Athletic Association, Lugar v. Edmondson Oil Co., Jackson v. Metropolitan Edison Co.
Question
Constitutional Law | Due Process and Equal Protection | ESSAY
Medium
...wns a large recreation center but leases it for $1 per year to a nonprofit youth-sports league. The city appoints three of the league's nine board members, pays for utilities, and requires the league to submit annual bud...
Citations: U.S. Const. amend. XIV, Jackson v. Metropolitan Edison Co., Brentwood Academy v. Tennessee Secondary School Athletic Association, City of Cleburne v. Cleburne Living Center, San Antonio Independent School District v. Rodriguez
Question
Constitutional Law | Judicial Review and Justiciability | ESSAY
Hard
...igation, an environmental group challenges an agency's interpretation of a statute implementing an international whaling agreement. The defendants argue that all claims are nonjusticiable political questions because they...
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
Question
Constitutional Law | Commerce Clause and Taxing Power | ESSAY
Hard
...in annual sales to State C customers, whether or not the retailer has offices, employees, or inventory in State C. The tax is measured by receipts from State C customers only. A separate provision gives a 50 percent cred...
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
Question
Criminal Law and Procedure | Constitutional Procedure | ESSAY
Medium
The record contains mixed facts that support one part of the requested ruling but also suggest a limitation or defense. A party relied on common practice, but the record includes facts suggesting that practice was unreas...
Citations: Common law criminal doctrine, Model Penal Code principles, Fourth, Fifth, Sixth, and Fourteenth Amendment criminal procedure doctrine
Question
Constitutional Law | Tenth Amendment and Anti-Commandeering | ESSAY
Medium
...data to insurers and marketers. State C sues, arguing that all parts of the Act commandeer state government. Private data brokers also object to federal regulation. Which parts of the Act are likely valid, and which par...
Citations: U.S. Const. amend. X, Reno v. Condon, Printz v. United States
Question
Constitutional Law | Judicial Review and Justiciability | ESSAY
Hard
...e 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 an injunction requiring the agency to redo the permit...
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
Question
Constitutional Law | Judicial Review and Justiciability | MULTIPLE_CHOICE
Hard
...its-based shortcuts. 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
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
Question
Constitutional Law | Due Process and Equal Protection | MULTIPLE_CHOICE
Medium
...hall receive" 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 o...
Citations: U.S. Const. amend. XIV, Board of Regents v. Roth, Mathews v. Eldridge, Goldberg v. Kelly
Question
Constitutional Law | First Amendment | MULTIPLE_CHOICE
Medium
...ets during rush hour. The ordinance applies to all marches regardless of message, limits denial to traffic-safety grounds, requires a decision within five days, and allows evening marches on nearby streets. A group chall...
Citations: U.S. Const. amend. I, Ward v. Rock Against Racism, Perry Education Association v. Perry Local Educators' Association
Question
Constitutional Law | First Amendment | ESSAY
Hard
...is essay tests incitement, true threats, prior restraints, and public-official defamation. U.S. Const. amend. I, Brandenburg v. Ohio, Counterman v. Colorado, New York Times Co. v. Sullivan, Near v. Minnesota, Nebraska Pr...
Citations: U.S. Const. amend. I, Brandenburg v. Ohio, Counterman v. Colorado, New York Times Co. v. Sullivan, Near v. Minnesota, Nebraska Press Association v. Stuart
Question
Constitutional Law | Judicial Review and Justiciability | ESSAY
Medium
...nst. 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
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
Question
Constitutional Law | Congressional Powers | ESSAY
Hard
...ty." The Act provides that any final rule must be sent to both houses of Congress and will take effect in 60 days unless either house passes a resolution disapproving the rule. The Act also requires the agency to testify...
Citations: U.S. Const. art. I, sec. 1, U.S. Const. art. I, sec. 7, INS v. Chadha, J.W. Hampton, Jr. & Co. v. United States, Whitman v. American Trucking Associations, Inc.
Question
Constitutional Law | Tenth Amendment and Anti-Commandeering | ESSAY
Hard
...he Act contains four provisions. First, each state must enact a state law requiring battery sellers to collect used batteries and store them under federal standards. Second, any state that fails to enact that law within...
Citations: U.S. Const. amend. X, New York v. United States, Hodel v. Virginia Surface Mining & Reclamation Association, Murphy v. NCAA
Question
Constitutional Law | Congressional Powers | ESSAY
Hard
...sts and technological feasibility." Section 2 creates a board made up of five executives from the largest data-broker companies and authorizes the board to set binding fee schedules for all smaller data brokers, subject...
Citations: U.S. Const. art. I, sec. 1, A.L.A. Schechter Poultry Corp. v. United States, Carter v. Carter Coal Co., Whitman v. American Trucking Associations, Inc., West Virginia v. EPA
Question
Constitutional Law | Commerce Clause and Taxing Power | MULTIPLE_CHOICE
Hard
...into the state. The tax applies at the same rate to in-state and out-of-state retailers, is measured only by sales delivered to State D customers, and funds roads, courts, consumer-fraud enforcement, and other state ser...
Citations: U.S. Const. art. I, sec. 8, cl. 3, Complete Auto Transit, Inc. v. Brady, South Dakota v. Wayfair, Inc.
Question
Constitutional Law | Judicial Review and Justiciability | MULTIPLE_CHOICE
Hard
...lleging that the statute violated the Constitution and that a federal officer had refused to deliver a signed commission even though all legal prerequisites for the commission had been completed. The commissioner asks th...
Citations: U.S. Const. art. III, sec. 2, Marbury v. Madison
Question
Constitutional Law | Tenth Amendment and Anti-Commandeering | MULTIPLE_CHOICE
Medium
...id order to state lawmakers from potentially valid federal regulation of private rental platforms. U.S. Const. amend. X, New York v. United States, Murphy v. NCAA
Citations: U.S. Const. amend. X, New York v. United States, Murphy v. NCAA