...ged a state campaign-finance disclosure law in state court. The state supreme court rejected the newspaper's First Amendment argument. The court also held, in a separate section, that the newspaper would lose under a sta...
Citations: U.S. Const. art. III, sec. 2, Michigan v. Long
Congress asked the Supreme Court 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 a...
Citations: U.S. Const. art. III, Marbury v. Madison, Muskrat v. United States, Michigan v. Long, Ex parte McCardle, United States v. Klein
While several appeals were pending in the Supreme Court from lower federal-court judgments against the United States, Congress enacted a statute providing: "The Supreme Court shall have no appellate jurisdiction over thi...
Citations: U.S. Const. art. III, sec. 2, Ex parte McCardle, United States v. Klein, Marbury v. Madison
A senator sent a letter asking 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 j...
Citations: U.S. Const. art. III, sec. 2, Muskrat v. United States, Aetna Life Insurance Co. v. Haworth
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
...struction owner sued a general contractor and an architect in federal court. The complaint asserted breach of contract against the contractor, negligence against the architect, and indemnity against both defendants. The...
Citations: 28 U.S.C. 1291, Fed. R. Civ. P. 54(b), Fed. R. App. P. 3, Fed. R. App. P. 4(a)(1), Fed. R. App. P. 4(a)(4)
A former employee sued a pharmaceutical company in federal court for trade-secret misappropriation and retaliation. Early in the case, the district court entered a preliminary injunction barring the employee from disclos...
Citations: 28 U.S.C. 1291, 28 U.S.C. 1292(a)(1), Cohen v. Beneficial Industrial Loan Corp., Mohawk Industries, Inc. v. Carpenter
A former procurement manager sued her employer in federal court for retaliation. She alleges that she was fired two weeks after reporting that a supervisor steered contracts to a relative. The employer moved for summary...
Citations: Fed. R. Civ. P. 56(a), Fed. R. Civ. P. 56(c), Anderson v. Liberty Lobby, Inc., Matsushita Elec. Indus. Co. v. Zenith Radio Corp.
...t unbriefed claim. Which statement is most accurate? Rule 56(f) gives courts flexibility, but the losing party must receive fair notice and an opportunity to respond. Fed. R. Civ. P. 56(f)
Citations: Fed. R. Civ. P. 56(f)
...jury verdict in a products-liability case. Before trial, the district court denied the defendant's Rule 12(b)(6) motion on a purely legal preemption issue. At trial, the defendant objected to one expert's causation opini...
Citations: Fed. R. Civ. P. 46, Fed. R. Civ. P. 51, Fed. R. Civ. P. 61, Fed. R. Evid. 103
A tenant sued her landlord in federal court alleging that the landlord entered her apartment, stole jewelry, and discriminated against her based on national origin. Before filing, the tenant's lawyer interviewed the tena...
Citations: Fed. R. Civ. P. 11, Fed. R. Civ. P. 26(g)
...memo asks you to draft part of an appellee's brief defending a trial court judgment. The appellant argues that the trial court improperly admitted a short surveillance clip. The File includes the trial transcript, the e...
Citations: NCBE MPT preparation materials, NCBE MPT overview
During a federal civil case, the district court ordered a party to produce documents over a privilege objection and also denied the party's motion for summary judgment. The party seeks immediate appeal under the collater...
Citations: 28 U.S.C. 1291, Cohen v. Beneficial Industrial Loan Corp., Mohawk Industries, Inc. v. Carpenter
...Country Q company, sued Retailer, a State A corporation, in Country Q court for the unpaid price of goods shipped to Retailer's warehouse in State A. Retailer had negotiated the purchase by email with Exporter, sent purc...
Citations: Uniform Foreign-Country Money Judgments Recognition Act, Comity principles, Due process principles
Officer sues City in federal court for retaliation under a federal statute and also brings a state-law defamation claim under supplemental jurisdiction. Officer seeks damages for emotional distress. City seeks three cate...
Citations: Fed. R. Evid. 501, Fed. R. Evid. 502, Jaffee v. Redmond
...nd-comment step required by statute. Three plaintiffs sued in federal court. First, a hiker who visits the affected trail every summer alleges that the line will cross the overlook where she hikes and will cause her to c...
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
...nventions. A protest group sued for an injunction. After the district court ruled against the city, the city repealed the ordinance but announced that it might adopt a similar rule before the next convention. The group a...
Citations: U.S. Const. art. III, sec. 2, Friends of the Earth, Inc. v. Laidlaw Environmental Services, Inc., Southern Pacific Terminal Co. v. ICC, Roe v. Wade
...lands next to a city park. A neighborhood association sued in federal court, alleging that the agency misread the governing statute. The complaint alleges that several members walk through the park every week and will st...
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
...e statute took effect, a newly appointed commissioner sued in federal court, alleging that the statute violated the Constitution and that a federal officer had refused to deliver a signed commission even though all legal...
Citations: U.S. Const. art. III, sec. 2, Marbury v. Madison
...used to promise that it would not enforce the law. After the district court denied the state's motion to dismiss, the legislature repealed the law and replaced it with a substantially similar rule that takes effect after...
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
...spicious purchases and a tip from a named neighbor, but the reviewing court concludes the information fell short. The defendant seeks suppression. Which statement best describes the good-faith issue? The best answer stat...
Citations: U.S. Const. amend. IV, United States v. Leon, Herring v. United States, Franks v. Delaware
...ay issue binding rules and bring civil enforcement actions in federal court. The statute also creates administrative law judges who conduct adversarial hearings, issue initial decisions, and impose penalties unless the D...
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
...amage were inconsistent with the heater as the origin. How should the court analyze the admissibility of Dr. Lin's expert opinion under Rule 702? Discuss qualification, sufficient facts or data, reliable principles and m...
Citations: Fed. R. Evid. 702, Fed. R. Evid. 403
...derivative suit based on the committee recommendation. How should the court analyze the demand timing and the motion to dismiss? Discuss. This essay tests demand and special-committee dismissal in a procedural posture li...
Citations: Model Business Corporation Act derivative proceeding principles, NCBE MEE Business Associations outline
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