Question
Constitutional Law | Judicial Review and Justiciability | ESSAY
Hard
...nforcement claim was unripe and that all claims are now moot. Analyze ripeness and mootness, including voluntary cessation and capable-of-repetition-yet-evading-review. This essay tests ripeness, pre-enforcement review...
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 | Judicial Review and Justiciability | MULTIPLE_CHOICE
Hard
...rdinance violates the First Amendment. Which statement best describes ripeness? The best answer applies the fitness-and-hardship ripeness framework to a credible-threat pre-enforcement challenge. U.S. Const. art. III, se...
Citations: U.S. Const. art. III, sec. 2, Abbott Laboratories v. Gardner, Susan B. Anthony List v. Driehaus
Question
Constitutional Law | Tenth Amendment and Anti-Commandeering | ESSAY
Medium
...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
Question
Constitutional Law | Fourth Amendment | MULTIPLE_CHOICE
Medium
...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
Question
Constitutional Law | Executive Powers | MULTIPLE_CHOICE
Medium
The President 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 C...
Citations: U.S. Const. art. II, sec. 2, Ex parte Garland
Question
Constitutional Law | First Amendment | ESSAY
Hard
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
Question
Constitutional Law | Commerce Clause and Taxing Power | ESSAY
Hard
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
Question
Constitutional Law | Commerce Clause and Taxing Power | MULTIPLE_CHOICE
Hard
...in State D. Which statement is most accurate? The best answer applies Complete Auto and Wayfair: physical presence is not required when a remote seller deliberately makes substantial sales into the state. U.S. Const. art...
Citations: U.S. Const. art. I, sec. 8, cl. 3, Complete Auto Transit, Inc. v. Brady, South Dakota v. Wayfair, Inc.
Question
Criminal Law and Procedure | Constitutional Procedure | ESSAY
Medium
...record includes facts suggesting that practice was unreasonable or incomplete in this setting. The opponent argues that custom ends the analysis. How should the court, tribunal, or decision maker resolve the dispute? Di...
Citations: Common law criminal doctrine, Model Penal Code principles, Fourth, Fifth, Sixth, and Fourteenth Amendment criminal procedure doctrine
Question
Constitutional Law | Due Process and Equal Protection | MULTIPLE_CHOICE
Medium
...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
Question
Constitutional Law | Tenth Amendment and Anti-Commandeering | MULTIPLE_CHOICE
Medium
...ound checks for private firearm transfers until a federal database is complete. The checks require reviewing local records, calling references, and reporting disqualifying information to a federal agency. A police chief...
Citations: U.S. Const. amend. X, Printz v. United States
Question
Constitutional Law | Judicial Review and Justiciability | MULTIPLE_CHOICE
Hard
...ssion even though all legal prerequisites for the commission had been completed. The commissioner asks the court to decide the constitutional issue and order the officer to perform the legal duty. Which statement most ac...
Citations: U.S. Const. art. III, sec. 2, Marbury v. Madison
Question
Constitutional Law | Tenth Amendment and Anti-Commandeering | MULTIPLE_CHOICE
Medium
...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