...C. Revenue from the tax funds roads, consumer-protection enforcement, and digital-fraud investigations that benefit online transactions in the state. An out-of-state retailer with $3 million in annual State C sales chall...
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
...stantial effects, aggregation, 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
...elivered into the state. The tax applies at the same rate to in-state and out-of-state retailers, is measured only by sales delivered to State D customers, and funds roads, courts, consumer-fraud enforcement, and other s...
Citations: U.S. Const. art. I, sec. 8, cl. 3, Complete Auto Transit, Inc. v. Brady, South Dakota v. Wayfair, Inc.
...tach a tracker to a suspect's car while it is parked in the driveway, and obtain detailed long-term location records from a phone company. The suspect argues that each method was a Fourth Amendment search. Which statemen...
Citations: U.S. Const. amend. IV, Katz v. United States, United States v. Jones
A city employee, acting against city policy, mistakenly towed and crushed a parked car after reading the wrong address from a demolition order. The city had no advance notice that this particular mistake would occur. Sta...
Citations: U.S. Const. amend. XIV, Parratt v. Taylor, Hudson v. Palmer, Daniels v. Williams
A defendant pointed a realistic toy gun at a cashier and demanded that the cashier open the register. The cashier, terrified, opened the register, and the defendant took the cash. Which statement best describes robbery?...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 222.1
...es 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 describes remova...
Citations: 28 U.S.C. 1441(b)(2)
...river 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 data broker, from selli...
Citations: U.S. Const. amend. X, Reno v. Condon, Printz v. United States
Congress enacted a landfill-emergency statute providing that, notwithstanding dormant Commerce Clause limitations, any state facing certified landfill shortages may impose a surcharge on nonhazardous solid waste shipped...
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
...ng every wheel of cheese produced outside State A to be aged, sliced, and inspected at a facility located in State A before it may be sold to State A grocery stores. Cheese produced in State A may be sold after inspectio...
Citations: U.S. Const. art. I, sec. 8, cl. 3, Philadelphia v. New Jersey, Dean Milk Co. v. City of Madison
...ught a house during marriage. The deed conveyed the property "to Dana and Ellis, married spouses, as tenants by the entirety." State law recognizes tenancy by the entirety and follows the majority rule that one spouse ac...
Citations: NCBE MEE Subject Matter Outline, Family Law, NCBE MEE Subject Matter Outline, Real Property
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
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 "politica...
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
...to set workplace exposure limits for a chemical at levels "reasonably necessary to protect workers from material health risks, considering feasibility." A manufacturer argues that Congress unconstitutionally delegated le...
Citations: U.S. Const. art. I, sec. 1, J.W. Hampton, Jr. & Co. v. United States, Whitman v. American Trucking Associations, Inc.
...First Amendment. The state had sent warning letters to similar groups and refused to promise that it would not enforce the law. After the district court denied the state's motion to dismiss, the legislature repealed the...
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
...ater charge the aide under state bribery law based on the same facts, and Congress continues impeachment proceedings against the aide for prior federal office misconduct. Which statement is most accurate? The best answer...
Citations: U.S. Const. art. II, sec. 2, Ex parte Garland
...national licensing system for a rare medicinal fungus that is bought and sold in a multistate market. The statute limits commercial production, requires licensed distributors to track shipments, and prohibits unlicensed...
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
Congress enacted a transportation and food-supply statute with three provisions. The first prohibits placing debris on interstate highways. The second requires warehouses that store cargo arriving by interstate rail to m...
Citations: U.S. Const. art. I, sec. 8, cl. 3, United States v. Lopez, Wickard v. Filburn
...livery van carrying lithium batteries on State B roads to display a standardized hazard label and to keep a digital manifest available for roadside inspection. The rule applies to all carriers, whether based in State B o...
Citations: U.S. Const. art. I, sec. 8, cl. 3, Pike v. Bruce Church, Inc.
State C owns and operates a mill that sells reclaimed lumber from state demolition projects. During a shortage, the mill gives State C residents first priority to buy lumber and charges them 20 percent less than nonresid...
Citations: U.S. Const. art. I, sec. 8, cl. 3, Reeves, Inc. v. Stake, South-Central Timber Development, Inc. v. Wunnicke
Seller borrowed $500,000 from Bank, signed a note, and gave Bank a mortgage on Blackacre. Seller then sold Blackacre to Buyer by a deed stating that Buyer "takes title subject to Bank's mortgage." Buyer did not sign the...
Citations: NCBE MEE Subject Matter Outline, Common law real-property principles
Landlord leased a retail store to Tenant for five years. The lease required Tenant to pay rent and stated, "Tenant may not assign or sublet without Landlord's written consent." Two years later, Tenant signed a document w...
Citations: NCBE MEE Subject Matter Outline, Common law real-property principles
...statement is most accurate? The question tests spousal liability for necessary expenses furnished to the other spouse. NCBE MEE Subject Matter Outline, Family Law
Citations: NCBE MEE Subject Matter Outline, Family Law
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
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