...d, in a separate section, that the newspaper would lose under a state constitutional provision that the court expressly interpreted as independent of federal law and adequate by itself to support the judgment. The newspa...
Citations: U.S. Const. art. III, sec. 2, Michigan v. Long
...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 judgment after a federal agency...
Citations: U.S. Const. art. III, sec. 2, Muskrat v. United States, Aetna Life Insurance Co. v. Haworth
...t 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 agency sent a final warning lett...
Citations: U.S. Const. art. III, Marbury v. Madison, Muskrat v. United States, Michigan v. Long, Ex parte McCardle, United States v. Klein
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
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
...lives 1,500 miles away alleges that all citizens have an interest in lawful agency procedure. Third, Forest Watch, a nonprofit with 2,000 members, alleges that several named members use the affected trail and asks for a...
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
...ness. 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
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
...ned. The complaint also alleges that all citizens have an interest in lawful federal administration. The association seeks an injunction vacating the permit and requiring the agency to reconsider it. Which statement best...
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
...State Apple Advertising Commission, Friends of the Earth, Inc. v. Laidlaw Environmental Services, Inc.
Citations: U.S. Const. art. III, sec. 2, Hunt v. Washington State Apple Advertising Commission, Friends of the Earth, Inc. v. Laidlaw Environmental Services, Inc.
A city ordinance imposes a $10,000 civil penalty on any organization that distributes anonymous campaign flyers within 60 days before a municipal election. A civil-rights group plans to distribute anonymous flyers cri...
Citations: U.S. Const. art. III, sec. 2, Abbott Laboratories v. Gardner, Susan B. Anthony List v. Driehaus
...dollars supported the purchase. A bookstore sued to challenge a state law prohibiting customers under age 21 from buying certain political books, arguing that its customers' speech rights are violated. Finally, a fair-ho...
Citations: U.S. Const. art. III, sec. 2, Frothingham v. Mellon, Flast v. Cohen, Hein v. Freedom From Religion Foundation, Inc., Craig v. Boren, Havens Realty Corp. v. Coleman
Congress enacted a statute appropriating money for grants to private elementary schools, including religious schools, to purchase science equipment. A federal taxpayer sued, alleging that the statute violates the Esta...
Citations: U.S. Const. art. III, sec. 2, Frothingham v. Mellon, Flast v. Cohen, Hein v. Freedom From Religion Foundation, Inc.
...ion 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 accurately describes judicial review? The best answer captu...
Citations: U.S. Const. art. III, sec. 2, Marbury v. Madison
...ations. In the fourth, voters allege that the same districts are an unconstitutional partisan gerrymander under the federal Constitution. Which statement most accurately applies the political-question doctrine? The best...
Citations: U.S. Const. art. III, sec. 2, Baker v. Carr, Luther v. Borden, Nixon v. United States, Rucho v. Common Cause
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...
Citations: U.S. Const. art. III, sec. 2, Ex parte McCardle, United States v. Klein, Marbury v. Madison
One party acted after receiving notice of a legal risk tied to Constitutional Procedure. One argument was preserved, while another was raised only later. Which result best accounts for preservation and merits? Correct. T...
Citations: Common law criminal doctrine, Model Penal Code principles, Fourth, Fifth, Sixth, and Fourteenth Amendment criminal procedure doctrine
One party acted after receiving notice of a legal risk tied to Constitutional Procedure. The key event occurred after warnings, partial performance, and a written objection by the affected party. The opponent argues that...
Citations: Common law criminal doctrine, Model Penal Code principles, Fourth, Fifth, Sixth, and Fourteenth Amendment criminal procedure doctrine
One party acted after receiving notice of a legal risk tied to Constitutional Procedure. The moving party has the burden on a contested element, and the opponent identifies a plausible exception. How should the issue mos...
Citations: Common law criminal doctrine, Model Penal Code principles, Fourth, Fifth, Sixth, and Fourteenth Amendment criminal procedure doctrine
One party acted after receiving notice of a legal risk tied to Constitutional Procedure. The record contains both written proof and disputed oral testimony. Which answer gives the best treatment of the proof and governin...
Citations: Common law criminal doctrine, Model Penal Code principles, Fourth, Fifth, Sixth, and Fourteenth Amendment criminal procedure doctrine
One party acted after receiving notice of a legal risk tied to Constitutional Procedure. The requested remedy would protect one party but impose a substantial burden on another party who had notice of the risk. The oppon...
Citations: Common law criminal doctrine, Model Penal Code principles, Fourth, Fifth, Sixth, and Fourteenth Amendment criminal procedure doctrine
A city landmark law prevents the owner of a historic theater from adding a 40-story office tower above it. The owner can still operate the theater, lease retail space inside it, and sell unused development rights to near...
Citations: U.S. Const. amend. V, Penn Central Transportation Co. v. New York City, Murr v. Wisconsin
A state bans billboards truthfully advertising lawful nicotine-replacement products within one mile of any college campus. The state says the ban will reduce impulse purchases by students but has little evidence about bi...
Citations: U.S. Const. amend. I, Central Hudson Gas & Electric Corp. v. Public Service Commission
A state law bars any person who owes more than $5,000 in unpaid civil judgments from receiving a marriage license unless the creditor consents. An engaged couple challenges the law after one partner is denied a license b...
Citations: U.S. Const. amend. XIV, Loving v. Virginia, Zablocki v. Redhail, Obergefell v. Hodges
A state law requires every private newsletter, website, and retail receipt distributed in the state to display the sentence, "Our state's economic policy is fair and successful." A small publisher objects to carrying the...
Citations: U.S. Const. amend. I, West Virginia State Board of Education v. Barnette, Wooley v. Maynard, Miami Herald Publishing Co. v. Tornillo
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