...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.
A commercial contract contains a valid clause requiring suit in the federal District of State M. The plaintiff files in the federal District of State N, where venue is otherwise proper under Section 1391. How is the clau...
Citations: Atlantic Marine Construction Co. v. U.S. District Court, 28 U.S.C. 1404(a)
...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
...'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
...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
A coastal commission prohibits all building, farming, leasing, and commercial use of a privately owned beachfront lot after finding that the lot is in a rapidly eroding dune field. The owner asserts that the parcel no...
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
At a jury trial for burglary, the jury is sworn and the first witness begins testifying. The judge then declares a mistrial after a juror has a medical emergency and no alternate is available. The defendant objects to...
Citations: U.S. Const. amend. V, United States v. Perez, Blockburger v. United States, Gamble v. United States
...her purely local personal use cannot be regulated under the Commerce Clause. Which statement is most accurate? The strongest answer treats the homegrown medicine as part of a fungible commodity class that Congress may r...
Citations: U.S. Const. art. I, sec. 8, cl. 3, U.S. Const. art. I, sec. 8, cl. 18, Wickard v. Filburn, Gonzales v. Raich
...regation, the broader regulatory scheme, and the Necessary and Proper Clause. This essay tests Congress's ability to reach local economic activity when it is part of a broader interstate...
Citations: U.S. Const. art. I, sec. 8, cl. 3, U.S. Const. art. I, sec. 8, cl. 18, Wickard v. Filburn, Gonzales v. Raich, United States v. Lopez
...ge cafeteria. The resident argues that Congress exceeded its Commerce Clause power. Which statement is most accurate? The best answer applies the Lopez and Morrison limit: Congress may not transform local noneconomic vio...
Citations: U.S. Const. art. I, sec. 8, cl. 3, United States v. Lopez, United States v. Morrison
...tement is most accurate? The best answer separates the three Commerce Clause categories and recognizes that local economic transactions may be regulated as part of a class of activity with substantial interstate effects...
Citations: U.S. Const. art. I, sec. 8, cl. 3, United States v. Lopez, Wickard v. Filburn
...lions of dollars to interstate markets and that, even if the Commerce Clause does not support the purchase requirement, the payment is a valid tax. The manufacturer responds that Congress labeled the provision a "shared...
Citations: U.S. Const. art. I, sec. 8, cl. 1, U.S. Const. art. I, sec. 8, cl. 3, National Federation of Independent Business v. Sebelius, Bailey v. Drexel Furniture Co., Sonzinsky v. United States
...o dismiss the indictment, arguing that Congress exceeded its Commerce Clause power. The government argues that drones are modern instrumentalities of commerce, that many drone parts move interstate, and that school safet...
Citations: U.S. Const. art. I, sec. 8, cl. 3, United States v. Lopez, United States v. Morrison, Gonzales v. Raich
...agency. The government defends the mandate solely under the Commerce Clause, arguing that people who lack supplies during disasters shift costs to hospitals, charities, and interstate transportation networks. An adult w...
Citations: U.S. Const. art. I, sec. 8, cl. 3, National Federation of Independent Business v. Sebelius
Congress required businesses with more than 25 employees either to maintain cyber-insurance coverage or to make an annual payment with their federal income-tax return. The payment is calculated as one percent of payro...
Citations: U.S. Const. art. I, sec. 8, cl. 1, National Federation of Independent Business v. Sebelius, Sonzinsky v. United States, Bailey v. Drexel Furniture Co.
...the permit was denied rather than granted with a taking. Analyze the takings and unconstitutional-conditions issues raised by the bike-path easement and transportation fee. This essay tests exactions doctrine under Noll...
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
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