Delaware allows in-state wine retailers to ship wine directly to Delaware consumers after obtaining a state license. Out-of-state wine retailers may obtain the same license only if they first open a staffed storefront in...
Citations: https://www.supremecourt.gov/opinions/18pdf/18-96_5i36.pdf, https://supreme.justia.com/cases/federal/us/569/221/
Delaware charges an out-of-state corporation a special fee to ship wine to Delaware customers. Delaware also charges a nonresident individual engineer triple the resident fee for a license to provide paid engineering con...
Citations: https://supreme.justia.com/cases/federal/us/569/221/
Delaware convicts Owen of being a prohibited person in possession of a handgun. Federal prosecutors then charge Owen under the federal felon-in-possession statute for the same handgun, same date, and same traffic stop. W...
Citations: Gamble v. United States, Puerto Rico v. Sanchez Valle
Delaware imposes a sales-tax collection duty on remote sellers with more than $500,000 in annual Delaware sales. The duty applies equally to in-state and out-of-state sellers. A large Arizona online retailer with $3 mill...
Citations: https://supreme.justia.com/cases/federal/us/430/274/, https://www.supremecourt.gov/opinions/17pdf/17-494_j4el.pdf, https://supreme.justia.com/cases/federal/us/575/542/
Delaware prohibits grocery stores from selling tomatoes grown outside Delaware during a drought, while allowing sale of Delaware-grown tomatoes. Delaware says the rule protects consumers from unstable supply chains. Whic...
Citations: https://www.supremecourt.gov/opinions/18pdf/18-96_5i36.pdf
Delaware enacted a statute providing that only U.S. citizens may receive a state notary commission, a private engineering license, or employment as a sworn police officer. The state says citizenship proves loyalty and ad...
Citations: https://supreme.justia.com/cases/federal/us/467/216/, https://supreme.justia.com/cases/federal/us/457/202/
Delaware enacted the Farm Traceability Act, which bars the in-state sale of packaged almonds unless the package label shows that the almonds were grown and processed under specified water-use and pesticide-record rules...
Citations: https://www.supremecourt.gov/opinions/22pdf/21-468_5if6.pdf, https://supreme.justia.com/cases/federal/us/397/137/
Delaware enacts a wildfire communications statute requiring apartment owners in high-risk areas to allow state-approved contractors to install small emergency antennas on rooftops. The antennas remain indefinitely and oc...
Citations: https://supreme.justia.com/cases/federal/us/458/419/, https://supreme.justia.com/cases/federal/us/594/20-107/
Delaware imposes a 5 percent surcharge only on revenue that private companies earn from contracts with federal agencies. The same revenue from state and private contracts is not subject to the surcharge. What is the best...
Citations: https://constitution.congress.gov/browse/essay/artI-S8-C1-1-5/ALDE_00013391/
Delaware imposes three new charges after a federal agency begins rebuilding a naval research facility. First, the state imposes a "federal project surcharge" on any private contractor whose revenue comes from work at a f...
Citations: https://constitution.congress.gov/browse/essay/artI-S8-C1-1-5/ALDE_00013391/, https://supreme.justia.com/cases/federal/us/314/1/, https://supreme.justia.com/cases/federal/us/460/536/
Delaware law requires an affidavit of merit for certain professional negligence claims. A diversity plaintiff in federal court files a complaint satisfying Rule 8 but omits the affidavit. No Federal Rule expressly addres...
Citations: Erie Railroad Co. v. Tompkins, Hanna v. Plumer
Delaware officers have a valid warrant to seize stolen tablets from Mei's apartment. They execute the warrant without knocking or announcing, even though no emergency exists. Inside, they find the tablets listed in the w...
Citations: Cal. Const. art. I, sec. 28(f)(2), In re Lance W., Hudson v. Michigan, United States v. Havens, Walder v. United States
Delaware officers suspect Lena of using a warehouse to store stolen electronics. Without a warrant, officers enter her apartment while she is at work. In the living room, they see a delivery receipt listing a warehouse a...
Citations: Rakas v. Illinois, Wong Sun v. United States, Murray v. United States, Cal. Const. art. I, sec. 28(f)(2)
Delaware owns and operates a cement plant. During a shortage, the plant sells its cement first to Delaware public agencies and Delaware residents, then to out-of-state buyers if any cement remains. How should the prefere...
Citations: https://supreme.justia.com/cases/federal/us/447/429/
Delaware police investigate a theft ring. From a public sidewalk, an officer sees two covered motorcycles parked in Diego's driveway. The officer then opens a closed side gate marked "No Trespassing," walks along a narro...
Citations: U.S. Const. amend. IV, Cal. Const. art. I, sec. 13, United States v. Jones, Florida v. Jardines, United States v. Dunn, Oliver v. United States, Arizona v. Hicks, Bond v. United States
Delaware requires all infant car seats sold in Delaware to meet a state crash-test label requirement. The rule applies equally to Delaware and out-of-state manufacturers. Out-of-state manufacturers must redesign labels a...
Citations: https://supreme.justia.com/cases/federal/us/397/137/
Delaware requires all milk sold in Delaware to be pasteurized at a Delaware facility within 24 hours before sale. Delaware dairies already pasteurize locally; Nevada dairies must build or rent Delaware facilities to keep...
Citations: https://supreme.justia.com/cases/federal/us/437/617/
Delaware sells timber from state land. The sales contract requires every buyer to process the timber at a Delaware mill before reselling it, even if the buyer wants to ship raw logs to a Nevada mill. Which statement is m...
Citations: https://supreme.justia.com/cases/federal/us/467/82/
A Delaware homicide question asks for the statutory definition of murder. Which statement is most accurate? This question tests the basic Delaware murder definition. Penal Code Section 187, Penal Code Section 188
Citations: Penal Code Section 187, Penal Code Section 188
A city sues contractor Leo in Delaware superior court for overbilling on a public project. The district attorney has also announced a criminal investigation into the same invoices. At Leo's civil deposition, the city's l...
Citations: Evidence Code Section 940, Evidence Code Section 913, Hoffman v. United States
A Delaware employee sued a logistics company in federal court for unpaid commissions and sought $95,000. Thirty days before trial, the company served a Rule 68 offer allowing judgment for $60,000 plus costs then accrued...
Citations: Fed. R. Civ. P. 54(d), Fed. R. Civ. P. 68
A Delaware nonprofit sued an Oregon blogger in Delaware Superior Court for defamation and tortious interference. The blogger wrote posts accusing the nonprofit's Wilmington board chair of stealing donor funds. The posts...
Citations: 10 Del. C. section 3104, Calder v. Jones, Walden v. Fiore
A Delaware plaintiff serves requests for admission asking the defendant to admit the genuineness of a contract, that the defendant signed it, and that a late payment breached it. The defendant serves no response by the d...
Citations: Fed. R. Civ. P. 36, Del. Super. Ct. Civ. R. 36
A Delaware plaintiff sues a nonresident defendant in Delaware Superior Court. What must the plaintiff generally show to establish personal jurisdiction? This MCQ tests the Delaware two-step personal jurisdiction framewor...
Citations: 10 Del. C. section 3104, International Shoe Co. v. Washington
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