...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 Congress continues impeachment proceedings ag...
Citations: U.S. Const. art. II, sec. 2, Ex parte Garland
...ation, and the injunction. This essay tests incitement, true threats, prior restraints, and public-official defamation. U.S. Const. amend. I, Brandenburg v. Ohio, Counterman v. Colorado, New York Times Co. v. Sullivan, N...
Citations: U.S. Const. amend. I, Brandenburg v. Ohio, Counterman v. Colorado, New York Times Co. v. Sullivan, Near v. Minnesota, Nebraska Press Association v. Stuart
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
...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
...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
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 ta...
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.
...nventory, accounts, and general intangibles by filing. Do not discuss priority against other creditors. This essay tests perfection by filing and financing-statement sufficiency. UCC 9-301, UCC 9-307, UCC 9-310, UC...
Citations: UCC 9-301, UCC 9-307, UCC 9-310, UCC 9-502, UCC 9-504
...record includes facts suggesting that practice was unreasonable or incomplete in this setting. The opponent argues that custom ends the analysis. How should the court, tribunal, or decision maker resolve the dispute? Di...
Citations: Common law criminal doctrine, Model Penal Code principles, Fourth, Fifth, Sixth, and Fourteenth Amendment criminal procedure doctrine
...ment is most accurate? The best answer identifies the injunction as a prior restraint and applies the heavy presumption against validity. U.S. Const. amend. I, Near v. Minnesota, Nebraska Press Association v. Stuart
Citations: U.S. Const. amend. I, Near v. Minnesota, Nebraska Press Association v. Stuart
...eive" monthly disability benefits unless the agency finds one of five listed grounds for termination. The agency cuts off a recipient's benefits after reviewing medical records but without giving advance notice or a chan...
Citations: U.S. Const. amend. XIV, Board of Regents v. Roth, Mathews v. Eldridge, Goldberg v. Kelly
...ound checks for private firearm transfers until a federal database is complete. The checks require reviewing local records, calling references, and reporting disqualifying information to a federal agency. A police chief...
Citations: U.S. Const. amend. X, Printz v. United States
...ssion even though all legal prerequisites for the commission 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 ac...
Citations: U.S. Const. art. III, sec. 2, Marbury v. Madison
...al statute requires each state legislature to enact a state licensing law for short-term rental hosts. The same statute directly prohibits private online platforms from listing rentals that lack a federally assigned regi...
Citations: U.S. Const. amend. X, New York v. United States, Murphy v. NCAA
...e grant program was wasteful. Order 3 directed federal prosecutors to prioritize cyberattack prosecutions and temporarily defer low-level computer-trespass cases to preserve resources. A server-farm owner, a qualifying s...
Citations: U.S. Const. art. II, Youngstown Sheet & Tube Co. v. Sawyer, Zivotofsky v. Kerry, Train v. City of New York
...tate-owned cold-storage facility and gives in-state dairy farms first priority to rent space in that facility during summer months. Out-of-state dairy producers challenge all three measures under the dormant Commerce Cla...
Citations: U.S. Const. art. I, sec. 8, cl. 3, Philadelphia v. New Jersey, Pike v. Bruce Church, Inc., Reeves, Inc. v. Stake, South-Central Timber Development, Inc. v. Wunnicke
...n projects. During a shortage, the mill gives State C residents first priority to buy lumber and charges them 20 percent less than nonresidents. The sales contract also requires every buyer, resident or nonresident, to u...
Citations: U.S. Const. art. I, sec. 8, cl. 3, Reeves, Inc. v. Stake, South-Central Timber Development, Inc. v. Wunnicke
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