Con Law: Practice Questions

Front 1

Spending Clause

Back 1

Congress can spend federal moneys for general welfare provided that the spending is reasonably related to a legitimate federal interest

Front 2

Federal military bases and state regulation

Back 2

States lack authority to impose regulations on federal military bases

Front 3

Consensual sexual conduct btw adults

Back 3

protected under DP Clause; must be conducted in a private setting and must not be commercial in nature

Front 4

Limitations on political protest speech

Back 4

OK if restriction is a reasonable time, place and manner limitation that is not content based

Front 5

Taxpayer standing and Establishment Clause

Back 5

(1) expenditure is enacted under Congress's taxing and spending power
(2) expenditure is claimed to exceed the limitation on that power found in the Establishment Clause

Front 6

If tax does not discriminate against interstate commerce but may unduly burden it

Back 6

Commerce Clause is most on point

Front 7

Due Process Clause where fundamental right is not involved

Back 7

To get statute invalidated, must show that it is not rationally related to a legitimate government interest

Front 8

Contributions

Back 8

(1) CAN limit contributions to a particular candidate's campaign
(2) CANNOT limit contributions to political committee that takes particular positions

Front 9

Intergovernmental immunity

Back 9

US Govt and its agencies and instrumentalities is immune from state regulation that interferes with federal activities, functions and programs
(Unless Congress consents to the regulation)

Front 10

Does legislation create improper government involvement with religion?

Back 10

Three-part Lemon test (purpose, effect, entanglement)

Front 11

Law differentiates among religious groups

Back 11

There must be a compelling government interest in the law

Front 12

State taxes on foreign commerce

Back 12

No state shall, WITHOUT THE CONSENT OF CONGRESS, tax exports or imports

Front 13

Contract Clause

Back 13

Prohibits states from acting to substantially impair contract rights (i.e., destroy most or all of a party's rights under an existing contract).

Impairment may be upheld if it (1) serves an important and legitimate public interest and (2) is a reasonable and narrowly tailored means of promoting that interest

Front 14

Public employee subject to removal only for "cause"

Back 14

If statute, ordinance or personnel doc provides that a public employee is subject to removal only for "cause", then he must be given
(1) notice of the charges and
(2) a pretermination opportunity to respond to the charges and
(3) an evidentiary hearing regarding the termination

Front 15

Tax on newspaper ads

Back 15

Press companies can be subject to general business taxes

Need a compelling justification for a tax applicable only to the press or based on the content of a publication

Front 16

Nude dancing establishments and adult theaters

Back 16

Municipality may use zoning to limit the location of adult theaters and nude dancing establishments as long as the ordinance
(1) is designed to promote important government interests (e.g, eliminate the secondary effects of such businesses--interest in protecting community morals and property values justifies regulation)
(2) does not prohibit all such entertainment in the community

Front 17

Taxing power

Back 17

Tax measure will usually be upheld if it bears some reasonable relationship to revenue production
OR if Congress has the power to regulate the taxed activity

Front 18

Right to travel

Back 18

May not be violated by STATE law
Unclear whether this rule applies to FEDERAL GOVT

Front 19

Art and First Amendment

Back 19

Art is protected speech (including laser light show)

Conduct associated with speech in public forums can be regulated by reasonable time, place and manner restrictions; requirements
(1) content neutral
(2) narrowly tailored to serve an important govt interest
(3) leave open alternative channels of communication

Front 20

Criminal cases and trial publicity

Back 20

Trials and pretrial proceedings can be closed only if closure is necessary to preserve an overriding interest

Front 21

Civil cases and trial publicity

Back 21

Court has not established same standards as criminal cases, but several Justices and commentators have suggested that these would apply
--> there must be an overriding interest in closure

Front 22

Equal protection clause: To establish a racial, national origin or ethnicity classification

Back 22

The party challenging the law must show that
(1) the racial classification appears in the law itself or
(2) the law was applied in a purposefully discriminatory manner or
(3) the law was enacted or maintained for a discriminatory purpose

Front 23

Due Process liberty interest & Speech during Employment

Back 23

There is liberty interest in the exercise of rights provided by the Constitution

So employee entitled to hearing to determine whether First Amendment rights were violated by firing for speech

Front 24

Right to fire public employee for speech on a matter of PUBLIC CONCERN

Back 24

Balance employee's rights as a citizen to comment on a matter of public concern against the govt's interest as an employer in the efficient performance of public service

Front 25

Schools being held open to student groups for meetings

Back 25

School may become designated public forum (even though schools are not usually public forums)

Front 26

State law requires all hot dogs sold in state to be made with domestic beef

Back 26

Can be challenged on grounds that it burdens foreign commerce. Power to regulate foreign commerce lies exclusively with Congress.

Front 27

Corporeal punishment and DPC

Back 27

Corporeal punishment does not involve a liberty interest sufficient to trigger the DPC

Front 28

State regulation of content of billboard advertising

Back 28

OK as long as restriction is
(1) viewpoint neutral and
(2) reasonably related to a legitimate govt purpose

NOT traditional public forums; rather, commercial ventures by the city

Front 29

Ripeness

Back 29

P is generally not entitled to review of his claim unless he has been harmed or there is an immediate threat of harm

Front 30

Class action & mootness

Back 30

Not necessary that the suit by the named plaintiff be viable at all stages, as long as the claim is viable by some member of the class

Front 31

Offeree sends a rejection followed by an acceptance

Back 31

Mailbox rule does not apply
Whichever is received first controls

Front 32

Assignment of requirement contracts

Back 32

Allowed under the UCC if the assignee acts in good faith not to alter the terms of the contract

Front 33

Subcontractor bid

Back 33

Binding if the contractor reasonably relied on it to submit her bid
Contractor accepted the option contract by using the bid
If Contractor says she will "forget" that the plumber ever made the bid, that's a rescission of the option contract

Front 34

Uncle promises car dealership that he would pay price of car sold to niece

Back 34

Car dealership accepts offer by selling car to niece

Front 35

Can intended third-party beneficiary enforce an agreement against promisor?

Back 35

Consider whether promisee could have enforced agreement against promisor? (e.g., need consideration to modify contract if not between 2 merchants)

Front 36

Rescission (on grounds of mutual mistake)

Back 36

Discharges contractual duties of the parties and puts an end to the transaction

E.g., seller ships nonconforming goods that both parties thought were conforming

As part of rescission remedy, buyer would be entitled to restitution of purchase price if it has already paid seller

Front 37

Delivery of nonconforming goods

Back 37

Buyer can
(1) accept all
(2) reject all
(3) accept any commercial units and reject the rest

Standard damages if goods are accepted: difference btw value of goods as delivered and value if they had been conforming (plus incidental and consequential damages)

Front 38

Accommodation notice

Back 38

is a counteroffer

Front 39

Good faith modification of a contract for the sale of goods

Back 39

NO consideration required
(even if not between "merchants")

Front 40

If seller learns that buyer is insolvent...

Back 40

Can demand immediate payment in cash for the goods
UCC: seller can refuse to deliver except for cash, including payment for all goods previously delivered under the contract

Front 41

Shipment of nonconforming goods

Back 41

(1) if buyer accepts goods: entitled to difference between value of goods shipped and value they would have had if they had conformed to the contract

(2) If buyer rejects goods, buyer can recover money it paid for the goods; if seller won't take goods back, buyer can resell goods for the seller's account and apply proceeds to what seller owes him (the money B paid for goods)

Front 42

Contract in consideration of marriage

Back 42

Must be in writing to be enforceable (Statute of Frauds)

This includes any promise that induces someone to marry by offering something of value.