...y online retailers. Is State C's tax valid under the dormant Commerce Clause? Discuss substantial nexus, fair apportionment, discrimination, relation to state service...
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
...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.
...bility to rent apartments. Which statement is most accurate under the Takings Clause? The best answer applies the physical-occupation rule rather than a balancing or total-deprivation test. U.S. Const. amend. V, Loretto...
Citations: U.S. Const. amend. V, Loretto v. Teleprompter Manhattan CATV Corp.
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
...'s potential value. Which statement is most accurate under regulatory-takings doctrine? The best answer applies Penn Central's balancing framework to a partial development restriction. U.S. Const. amend. V, Penn Central...
Citations: U.S. Const. amend. V, Penn Central Transportation Co. v. New York City, Murr v. Wisconsin
...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
...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
...ll-emergency statute providing that, notwithstanding dormant Commerce Clause limitations, any state facing certified landfill shortages may impose a surcharge on nonhazardous solid waste shipped from another state for di...
Citations: U.S. Const. art. I, sec. 8, cl. 3, Prudential Insurance Co. v. Benjamin, Western & Southern Life Insurance Co. v. State Board of Equalization
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
...ut-of-state cheesemaker challenges the law under the dormant Commerce Clause. Which statement is most accurate? The best answer treats the in-state processing requirement as facial discrimination, not as a merely inciden...
Citations: U.S. Const. art. I, sec. 8, cl. 3, Philadelphia v. New Jersey, Dean Milk Co. v. City of Madison
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
...t. art. III, sec. 2, Abbott Laboratories v. Gardner, Susan B. Anthony List v. Driehaus
Citations: U.S. Const. art. III, sec. 2, Abbott Laboratories v. Gardner, Susan B. Anthony List v. Driehaus
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
...ns. This essay tests the political question doctrine across Guarantee Clause, impeachment, elections, and foreign-affairs settings. U.S. Const. art. III, sec. 2, Baker v. Carr, Luther v. Borden, Nixon v. United States, R...
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
...cally viable. Analyze whether the antenna and pedestrian easement are takings, whether the public-use requirement is satisfied, and what compensation, if any, is required. This essay tests public use, per se physical tak...
Citations: U.S. Const. amend. V, Loretto v. Teleprompter Manhattan CATV Corp., Cedar Point Nursery v. Hassid, Kelo v. City of New London, United States v. Miller
Defendant E was tried in state court for arson of a warehouse. A jury was sworn, and two witnesses testified. On the third day, the judge declared a mistrial because a juror suffered a medical emergency and no alterna...
Citations: U.S. Const. amend. V, Blockburger v. United States, United States v. Perez, United States v. Dixon, Gamble v. United States
Police stopped Driver D for speeding near the scene of a hit-and-run. Before arresting him, an officer asked, "Where are you coming from?" Driver D replied, "From the alley behind the bar." The officer then arrested D...
Citations: U.S. Const. amend. V, Miranda v. Arizona, Schmerber v. California, United States v. Hubbell, Kastigar v. United States
The federal government condemns a permanent utility easement across a ranch to build a public transmission line. The ranch owner agrees that the project is public but disputes the amount owed. The owner wants payment...
Citations: U.S. Const. amend. V, United States v. Miller, Bauman v. Ross
A city condemns several privately owned parcels in a deteriorated industrial district and plans to transfer them to a private developer that will build offices, apartments, and a grocery store. The city found that the...
Citations: U.S. Const. amend. V, Kelo v. City of New London, Berman v. Parker, Hawaii Housing Authority v. Midkiff
...conomically beneficial use. The commission argues that state nuisance law has long prohibited uses that would accelerate dune collapse onto neighboring property. Which statement is most accurate? The best answer states t...
Citations: U.S. Const. amend. V, Lucas v. South Carolina Coastal Council
A county ordinance requires a landowner seeking a permit for a small duplex to pay a $120,000 traffic-impact fee. The county says the fee funds road improvements throughout the county, but it has not estimated the tra...
Citations: U.S. Const. amend. V, Nollan v. California Coastal Commission, Dolan v. City of Tigard, Koontz v. St. Johns River Water Management District, Sheetz v. County of El Dorado
...ombined property remains economically useful. Analyze the developer's takings claims under Lucas, Penn Central, and related regulatory-takings principles. This essay tests Lucas, Penn Central, Tahoe-Sierra, background pr...
Citations: U.S. Const. amend. V, Penn Central Transportation Co. v. New York City, Lucas v. South Carolina Coastal Council, Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency, Murr v. Wisconsin
A grand jury subpoenas an individual witness to testify about payments that may incriminate her. The prosecutor offers immunity barring the government from using her compelled testimony or any evidence derived from it...
Citations: U.S. Const. amend. V, Kastigar v. United States
An officer stops a driver for speeding, asks where the driver is coming from, and receives an incriminating answer. The officer then arrests the driver, brings him to the station, and questions him in an interview roo...
Citations: U.S. Const. amend. V, Miranda v. Arizona, Berkemer v. McCarty
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