Question
Delaware Essays | Separation of Powers | MULTIPLE_CHOICE
Medium
...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 immunity from both claims. Which state...
Citations: https://supreme.justia.com/cases/federal/us/457/731/, https://supreme.justia.com/cases/federal/us/520/681/
Question
Delaware Essays | Justiciability | ESSAY
Hard
...to file monthly reports identifying each host, address, rental date, and amount paid. A platform that refuses to report faces civil penalties of $5,000 per day. StayHub operates in City, has received a written enforceme...
Citations: Lujan v. Defenders of Wildlife, TransUnion LLC v. Ramirez, Federal Election Commission v. Akins, FDA v. Alliance for Hippocratic Medicine
Question
Delaware Essays | Erie Doctrine | ESSAY
Hard
A Pennsylvania patient sued a Delaware physician in federal court in Wilmington, invoking diversity jurisdiction and alleging Delaware medical negligence. Delaware law requires a plaintiff in a health-care negligence act...
Citations: Erie Railroad Co. v. Tompkins, Hanna v. Plumer, Gasperini v. Center for Humanities, Inc.
Question
Delaware Essays | Executive Power | ESSAY
Hard
A former President is indicted in federal court for bribery and obstruction. Prosecutors subpoena recordings of Oval Office meetings from his term between the then-President and senior aides. The former President asserts...
Citations: https://supreme.justia.com/cases/federal/us/418/683/, https://supreme.justia.com/cases/federal/us/457/731/, https://supreme.justia.com/cases/federal/us/520/681/, https://www.supremecourt.gov/opinions/23pdf/23-939_e2pg.pdf
Question
Delaware Essays | Executive Power | ESSAY
Hard
...a Safety Board to investigate privacy violations, issue binding cease-and-desist orders, and impose civil penalties. The statute provides that two board members are selected by the Speaker of the House, two by the Senate...
Citations: https://constitution.congress.gov/browse/essay/artII-S2-C2-3-1/ALDE_00013092/, https://supreme.justia.com/cases/federal/us/585/17-130/, https://supreme.justia.com/cases/federal/us/561/477/, https://supreme.justia.com/cases/federal/us/591/197/
Question
Delaware Essays | Erie Doctrine | ESSAY
Hard
...ersity action in the United States District Court for the District of Delaware against the executor of a Delaware estate, alleging that the decedent negligently designed a warehouse loading platform in Wilmington. The pl...
Citations: Erie Railroad Co. v. Tompkins, Hanna v. Plumer, Fed. R. Civ. P. 4, 28 U.S.C. section 2072
Question
Delaware Essays | Executive Power | ESSAY
Hard
Congress enacted a statute providing that the Department of Homeland Security "shall remove" certain noncitizens after final removal orders. Because resources are limited, the President directs the Department to prioriti...
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
Delaware Essays | Erie Doctrine | MULTIPLE_CHOICE
Medium
...ederal Rule of Civil Procedure directly answers a disputed issue in a Delaware diversity case. The opposing party argues the Federal Rule cannot apply because a different Delaware litigation rule would change the result...
Citations: 28 U.S.C. section 2072
Question
Delaware Essays | Appeals | MULTIPLE_CHOICE
Medium
In a federal civil case in the District of Delaware, the court announced a final decision on March 1 and entered a detailed memorandum opinion and order on the docket, but it did not enter a separate Rule 58 judgment. No...
Citations: Fed. R. App. P. 4(a)(1), 4(a)(7), Fed. R. Civ. P. 58
Question
Delaware Essays | Executive Power | MULTIPLE_CHOICE
Easy
...creates a federal enforcement official with authority to investigate and fine private companies. The statute provides that the official is appointed by the Speaker of the House. Which statement is most accurate? This qu...
Citations: https://constitution.congress.gov/browse/essay/artII-S2-C2-3-1/ALDE_00013092/
Question
Delaware Essays | Erie Doctrine | ESSAY
Medium
A New Jersey company won a Delaware-law trade secret verdict in the District of Delaware against a Delaware competitor. The jury awarded $9 million in compensatory damages. Delaware law allows a trial judge to disturb a...
Citations: Erie Railroad Co. v. Tompkins, Gasperini v. Center for Humanities, Inc., Fed. R. Civ. P. 59
Question
Delaware Essays | Erie Doctrine | ESSAY
Medium
A Virginia investor filed a diversity fraud action in the District of Delaware against a Delaware corporation two days before Delaware's limitations period expired. The complaint was filed on time under federal filing pr...
Citations: Erie Railroad Co. v. Tompkins, Guaranty Trust Co. v. York, Walker v. Armco Steel Corp.
Question
Delaware Essays | Appeals | MULTIPLE_CHOICE
Medium
A Delaware civil appeal raises several issues: whether the complaint stated a claim as a matter of law, whether the jury had enough evidence to find causation, whether a discovery sanction was too harsh, and whether the...
Citations: Delaware and federal appellate standard-of-review doctrine
Question
Delaware Essays | Executive Power | ESSAY
Hard
...severe shortage of semiconductor chips threatens military procurement and civilian supply chains. Congress enacted a statute authorizing the President to buy chips for federal agencies and to prioritize military contract...
Citations: https://supreme.justia.com/cases/federal/us/343/579/, https://supreme.justia.com/cases/federal/us/453/654/
Question
Delaware Essays | Erie Doctrine | MULTIPLE_CHOICE
Medium
In a Delaware diversity action, the plaintiff serves a defendant in a way permitted by Federal Rule of Civil Procedure 4 but not by a Delaware statute requiring a more formal method of service for the same kind of defend...
Citations: Hanna v. Plumer, Fed. R. Civ. P. 4, 28 U.S.C. section 2072
Question
Delaware Essays | Appeals | MULTIPLE_CHOICE
Medium
In a federal civil case in the District of Delaware, the trial judge signed a written final judgment for the plaintiff on Monday. The clerk did not enter the judgment until Friday. On Wednesday, after the judge signed th...
Citations: Fed. R. App. P. 4(a)(2)
Question
Delaware Essays | Congressional Powers | MULTIPLE_CHOICE
Hard
...uage, gives a private industry board final authority over technical standards, and lets one House committee veto agency rules. Which statement best describes the constitutional problems? This question tests several struc...
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 | Separation of Powers | MULTIPLE_CHOICE
Medium
...ederal Grants who audits recipients, issues binding repayment orders, and brings civil enforcement actions. The statute allows the House and Senate Appropriations Committees acting together to remove the Inspector for po...
Citations: https://supreme.justia.com/cases/federal/us/478/714/
Question
Delaware Essays | State Action | MULTIPLE_CHOICE
Medium
...private nonprofit receives 80 percent of its budget from state grants and files detailed annual reports with a state agency. Its private board fires an employee for criticizing management. No state official participated...
Citations: https://supreme.justia.com/cases/federal/us/457/830/
Question
Delaware Essays | State Action | MULTIPLE_CHOICE
Medium
...privately owned hospital is licensed by the state, receives Medicare and Medicaid reimbursements, and is subject to detailed health regulations. Hospital doctors discharge a patient under private medical guidelines, wit...
Citations: https://supreme.justia.com/cases/federal/us/457/991/
Question
Delaware Essays | Due Process | ESSAY
Hard
...tute requires ride-share companies to obtain a local operating permit and limits peak-hour fares during declared transit emergencies. The legislature said the statute protects riders from sudden price spikes and helps ci...
Citations: https://supreme.justia.com/cases/federal/us/348/483/, https://supreme.justia.com/cases/federal/us/517/559/, https://supreme.justia.com/cases/federal/us/538/408/
Question
Delaware Essays | Due Process | ESSAY
Hard
...ovide that a permanent building inspector may be fired only for cause and may appeal a termination to the civil service board. Leo, a permanent inspector, was accused of taking bribes from contractors. His supervisor cal...
Citations: https://supreme.justia.com/cases/federal/us/470/532/, https://supreme.justia.com/cases/federal/us/408/564/, https://supreme.justia.com/cases/federal/us/424/693/
Question
Delaware Essays | Relevance | MULTIPLE_CHOICE
Medium
During trial, one party offers contested proof and the opponent asks the judge to keep it from the factfinder or limit its use. A party offered graphic proof with modest probative value and serious prejudice risk. Anothe...
Citations: Federal Rules of Evidence
Question
Delaware Essays | Character Evidence | MULTIPLE_CHOICE
Medium
During trial, one party offers contested proof and the opponent asks the judge to keep it from the factfinder or limit its use. A prosecutor offered a prior incident to prove intent but argued propensity in substance. An...
Citations: Federal Rules of Evidence