Question
Delaware Essays | Congressional Powers | MULTIPLE_CHOICE
Hard
...House committee veto agency rules. Which statement best describes the constitutional problems? This question tests several structural limits on congressional implementation choices. https://supreme.justia.com/cases/feder...
Citations: https://supreme.justia.com/cases/federal/us/584/16-476/, https://supreme.justia.com/cases/federal/us/462/919/, https://supreme.justia.com/cases/federal/us/597/697/, https://supreme.justia.com/cases/federal/us/606/24-354/
Question
Delaware Essays | Justiciability | MULTIPLE_CHOICE
Medium
...action in federal court asking for a declaration that the statute is constitutional. No regulated party is named, no enforcement order has issued, and the Governor says the opinion would help state officials decide whet...
Citations: U.S. Const. art. III, Hayburn's Case, Aetna Life Insurance Co. v. Haworth
Question
Delaware Essays | Justiciability | ESSAY
Hard
...use StayHub, and alleges no tax injury, sued because he believes City officials are violating the Constitution and wasting public resources. StayHub, Host, and Citizen file a federal action against City seeking declarato...
Citations: Lujan v. Defenders of Wildlife, TransUnion LLC v. Ramirez, Federal Election Commission v. Akins, FDA v. Alliance for Hippocratic Medicine
Question
Delaware Essays | Freedom of Religion | ESSAY
Hard
...refusal to fund religious activity. How should the court analyze the constitutional claims? Discuss. This essay tests Free Exercise limits on excluding religious recipients from neutral public benefit programs. U.S. Con...
Citations: U.S. Const. amend. I, Trinity Lutheran Church of Columbia, Inc. v. Comer, Espinoza v. Montana Department of Revenue, Carson v. Makin
Question
Delaware Essays | Justiciability | ESSAY
Hard
...alleging that the appropriation was wasteful and exceeded Congress's constitutional authority. Taxpayer alleges no injury other than payment of federal taxes and concern that officials are violating the Constitution. Co...
Citations: Frothingham v. Mellon, Flast v. Cohen, Hein v. Freedom From Religion Foundation, Lujan v. Defenders of Wildlife
Question
Delaware Essays | Executive Power | ESSAY
Hard
...in legally removable but generally should not be pursued unless local officials identify a serious public-safety reason. Several states sue, asking a federal court to order the Department to remove every person covered b...
Citations: https://supreme.justia.com/cases/federal/us/470/821/, https://www.supremecourt.gov/opinions/22pdf/22-58_i425.pdf, https://supreme.justia.com/cases/federal/us/343/579/
Question
MBE | Federalism | MULTIPLE_CHOICE
Medium
...arties dispute the legal effect of a contested transaction. A federal law ordered state officials to administer a federal compliance program. One argument was preserved, while another was raised only later. The parties d...
Question
MBE | Federalism | MULTIPLE_CHOICE
Hard
...arties dispute the legal effect of a contested transaction. A federal law ordered state officials to administer a federal compliance program. The disputed action was partly authorized but exceeded an important limitation...
Question
MBE | Federalism | MULTIPLE_CHOICE
Medium
...arties dispute the legal effect of a contested transaction. A federal law ordered state officials to administer a federal compliance program. The facts are close, and both sides can cite a rule that appears favorable. Th...
Question
MBE | Federalism | MULTIPLE_CHOICE
Medium
...arties dispute the legal effect of a contested transaction. A federal law ordered state officials to administer a federal compliance program. One side relies on notice and practical reliance; the other side points to an...
Question
MBE | Federalism | ESSAY
Medium
...arties dispute the legal effect of a contested transaction. A federal law ordered state officials to administer a federal compliance program. A party relied on common practice, but the record includes facts suggesting th...
Question
MBE | Federalism | MULTIPLE_CHOICE
Medium
...arties dispute the legal effect of a contested transaction. A federal law ordered state officials to administer a federal compliance program. The parties disagree about the legal effect of those facts. How is the court m...
Question
MBE | Federalism | MULTIPLE_CHOICE
Hard
...arties dispute the legal effect of a contested transaction. A federal law ordered state officials to administer a federal compliance program. The facts support the doctrine in part, but a timing problem may limit the req...
Question
MBE | Federalism | MULTIPLE_CHOICE
Medium
...arties dispute the legal effect of a contested transaction. A federal law ordered state officials to administer a federal compliance program. The decision maker must choose between a categorical shortcut and a fact-sensi...
Question
MBE | Federalism | MULTIPLE_CHOICE
Medium
...arties dispute the legal effect of a contested transaction. A federal law ordered state officials to administer a federal compliance program. Another actor changed position after relying on the relevant statement, docume...
Question
MBE | Federalism | ESSAY
Hard
...arties dispute the legal effect of a contested transaction. A federal law ordered state officials to administer a federal compliance program. The moving party relies on the parties' conduct and the practical consequences...
Question
MBE | Federalism | MULTIPLE_CHOICE
Hard
...arties dispute the legal effect of a contested transaction. A federal law ordered state officials to administer a federal compliance program. A party invokes an equitable or discretionary remedy after contributing to the...
Question
MBE | Federalism | MULTIPLE_CHOICE
Medium
...arties dispute the legal effect of a contested transaction. A federal law ordered state officials to administer a federal compliance program. The record contains both written proof and disputed oral testimony. The partie...
Question
MBE | Federalism | ESSAY
Hard
...arties dispute the legal effect of a contested transaction. A federal law ordered state officials to administer a federal compliance program. The requested remedy would protect one party but impose a substantial burden o...
Question
Delaware Essays | Sixth Amendment Counsel | MULTIPLE_CHOICE
Easy
A defendant claims trial counsel was constitutionally ineffective for failing to investigate a readily available alibi witness. What must the defendant ordinarily show? This question tests the ordinary ineffective-assist...
Citations: Strickland v. Washington
Question
Delaware Essays | Separation of Powers | MULTIPLE_CHOICE
Medium
...nt is sued for damages based on two sets of conduct: firing a federal official after a policy dispute and, years before taking office, breaching a private real-estate contract. The President asserts absolute civil immuni...
Citations: https://supreme.justia.com/cases/federal/us/457/731/, https://supreme.justia.com/cases/federal/us/520/681/
Question
Delaware Essays | Judicial Review | MULTIPLE_CHOICE
Medium
...ermediate appellate court enters a final judgment rejecting a federal constitutional claim. Under state law, the state supreme court has discretionary review, and it denies review without opinion. Which statement best de...
Citations: 28 U.S.C. sec. 1257
Question
Delaware Essays | State Action | MULTIPLE_CHOICE
Medium
...state prison contracts with a private medical company to provide all constitutionally required medical care to inmates inside the prison. An inmate sues the company for denying care during that contract work. What is th...
Citations: https://supreme.justia.com/cases/federal/us/487/42/
Question
Delaware Essays | Judicial Review | MULTIPLE_CHOICE
Medium
A state supreme court decides a federal constitutional issue against Defendant but remands the case for trial on unresolved liability and damages issues. Defendant immediately seeks U.S. Supreme Court review. Which state...
Citations: 28 U.S.C. sec. 1257, Cox Broadcasting Corp. v. Cohn