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 tax i...
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
Congress enacted the Driver Data Privacy Act after finding that state motor-vehicle records and private resale lists were sold nationwide. The Act forbids any person, including a state motor-vehicle agency or a private d...
Citations: U.S. Const. amend. X, Reno v. Condon, Printz v. United States
A plaintiff files a state-law negligence action in State A court. Complete diversity and the amount in controversy are present, but one properly joined and served defendant is a citizen of State A. Which statement best d...
Citations: 28 U.S.C. 1441(b)(2)
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 D imposes a sales-tax collection duty on remote retailers with more than $100,000 in annual sales to State D customers or more than 200 separate sales delivered into the state. The tax applies at the same rate to i...
Citations: U.S. Const. art. I, sec. 8, cl. 3, Complete Auto Transit, Inc. v. Brady, South Dakota v. Wayfair, Inc.
...consumer statute creates a private damages action and allows suit in state or federal court. State courts in State D hear comparable state consumer-protection claims, but a State D statute instructs its courts to dismis...
Citations: U.S. Const. art. VI, cl. 2, U.S. Const. amend. X, Testa v. Katt
State B operates a wildfire-rescue academy. Its rules provide that only male applicants may enter the "rapid extraction" track, because academy officials believe men are "naturally better suited to carrying heavy equipme...
Citations: U.S. Const. amend. XIV, United States v. Virginia, Craig v. Boren, Nevada Department of Human Resources v. Hibbs
...suspect argues that each method was a Fourth Amendment search. Which statement best describes the basic Fourth Amendment search inquiry? The best answer combines the Katz privacy framework with property-based search doc...
Citations: U.S. Const. amend. IV, Katz v. United States, United States v. Jones
...ivate colleges, contains no requirement that the assault involve interstate travel or interstate communications, and is supported by findings that campus violence discourages students from attending school, reduces futur...
Citations: U.S. Const. art. I, sec. 8, cl. 3, United States v. Lopez, United States v. Morrison
...law and that penalties will begin in 30 days unless sales stop. Which statement best describes Article III's case-or-controversy requirement? The best answer separates an impermissible advisory opinion from a permissible...
Citations: U.S. Const. art. III, sec. 2, Muskrat v. United States, Aetna Life Insurance Co. v. Haworth
...selling a device within 30 days or face penalties. In another case, a state supreme court rejected a federal free speech claim and also held that the plaintiff independently lost under a state constitutional rule that cl...
Citations: U.S. Const. art. III, Marbury v. Madison, Muskrat v. United States, Michigan v. Long, Ex parte McCardle, United States v. Klein
Driver and Cyclist, both residents of State X, collided while traveling through State Y. Cyclist first sued Driver in State Y small-claims court for damage to Cyclist's bicycle. Driver appeared, denied negligence, and th...
Citations: U.S. Constitution Article IV, Section 1, 28 U.S.C. 1738, Claim and issue preclusion principles
...ion was partly authorized but exceeded an important limitation. Which statement best explains the consequence? Correct. The answer turns on the governing source of law for Constitutional Procedure, the required authority...
Citations: Common law criminal doctrine, Model Penal Code principles, Fourth, Fifth, Sixth, and Fourteenth Amendment criminal procedure doctrine
A state statute provides that eligible residents "shall 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...
Citations: U.S. Const. amend. XIV, Board of Regents v. Roth, Mathews v. Eldridge, Goldberg v. Kelly
A state university employed a laboratory supervisor under a civil-service statute providing that permanent employees may be discharged only for cause. After a chemical spill, the university president immediately suspende...
Citations: U.S. Const. amend. XIV, Board of Regents v. Roth, Cleveland Board of Education v. Loudermill, Mathews v. Eldridge
...rts Act under Section 5 of the Fourteenth Amendment. The Act requires states to provide sign-language interpreters in all criminal, civil, and administrative hearings when a party has a hearing disability. Congress compi...
Citations: U.S. Const. amend. XIII, U.S. Const. amend. XIV, sec. 5, City of Boerne v. Flores, United States v. Morrison, Tennessee v. Lane, Jones v. Alfred H. Mayer Co.
Congress enacted a privacy statute prohibiting any state motor-vehicle agency or private data broker from selling drivers' personal information without consent. The statute is enforced by federal regulators and private c...
Citations: U.S. Const. amend. X, Reno v. Condon
...enacted the Sports Wagering Integrity Act. Section 1 provides that no state may authorize, license, or permit online sports wagering. Section 2 provides that private sportsbook operators may not accept interstate online...
Citations: U.S. Const. amend. X, Murphy v. NCAA, New York v. United States, Printz v. United States
...nacts a statute under Section 5 of the Fourteenth Amendment requiring states to change their court-access procedures after hearings documenting repeated denials of access to disabled litigants. The statute also declares...
Citations: U.S. Const. amend. XIV, sec. 5, City of Boerne v. Flores, United States v. Morrison
Congress found that short-term rental platforms affect interstate travel and housing markets. A federal statute requires each state legislature to enact a state licensing law for short-term rental hosts. The same statute...
Citations: U.S. Const. amend. X, New York v. United States, Murphy v. NCAA
...ed 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 continues impeachment proceedings against the ai...
Citations: U.S. Const. art. II, sec. 2, Ex parte Garland
...e 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 this category of cases. In all pending case...
Citations: U.S. Const. art. III, sec. 2, Ex parte McCardle, United States v. Klein, Marbury v. Madison
...rt. II, sec. 2, Buckley v. Valeo, Morrison v. Olson, Edmond v. United States, Lucia v. SEC, Free Enterprise...
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
...full transactional immunity. Driver D moves to suppress the roadside statement, the station statement, the physical samples, and any compelled answer about the memory card. Analyze Driver D's Fifth Amendment and Miranda...
Citations: U.S. Const. amend. V, Miranda v. Arizona, Schmerber v. California, United States v. Hubbell, Kastigar v. United States
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