...enforcement office may be removed only for cause by a board. Board members themselves may be removed by the President only for cause. The inspectors bring civil enforcement actions. What is the best Article II challenge...
Citations: https://supreme.justia.com/cases/federal/us/561/477/
Nolan is tried by jury for embezzlement and falsifying company records. After the prosecution rests, Nolan moves for a judgment of acquittal on embezzlement. The judge grants the motion because the judge mistakenly belie...
Citations: Burks v. United States, Evans v. Michigan, Fong Foo v. United States, Lockhart v. Nelson
Nora was walking home when a gang member pointed a gun at her and said, "Drive this car through the closed gate now, or I will shoot you." Nora believed the gun was real. She drove the car through a locked lot gate, dama...
Citations: Penal Code sec. 26, CALCRIM Nos. 3402, 3403
A complaint in the District of Delaware contains a long unnumbered narrative and later counts refer vaguely to "the above facts." What pleading-form rule is most relevant? This MCQ tests form of pleadings. Fed. R. Civ. P...
Citations: Fed. R. Civ. P. 10
...n's property through conduct that could be characterized as larceny, embezzlement, or false pretenses. Which statement best describes Delaware theft law? This question tests Delaware theft and related statutory theft the...
Citations: 11 Del. C. §§ 841 and 855, CALCRIM No. 1800
A Delaware LLC has three members. One member, a citizen of New York, sues a Maryland manager in the District of Delaware, seeking rescission of a contract by which the LLC sold its only manufacturing facility in New Cast...
Citations: Fed. R. Civ. P. 19, Del. Super. Ct. Civ. R. 19
...ly deliveries of "standard cartons" of jars but does not define the number of jars per carton. For six months, Seller delivered cartons with 24 jars, Buyer inspected and paid without objection, and the invoices all state...
Citations: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=COM§ionNum=1303.
...ed notice of appeal identifying the final judgment by date and case number and naming the United States Court of Appeals for the Third Circuit. The notice did not attach the transcript order form, and the appellant disco...
Citations: Fed. R. App. P. 3(c), 3(d), 4(a)
A nominally private athletic association has mostly public-school members, is governed largely by public-school officials, and enforces eligibility rules that public schools treat as binding. A student challenges an elig...
Citations: https://supreme.justia.com/cases/federal/us/531/288/
...ed food vendors sues to enjoin a city ordinance that applies to its members. One member has received a citation, the association's mission includes protecting vendors' ability to operate, and the injunction would not req...
Citations: Hunt v. Washington State Apple Advertising Commission, Warth v. Seldin
A small religious group moved into City and announced that some members would perform animal sacrifices as part of private worship. Two weeks later, City adopted an ordinance prohibiting the "unnecessary killing of anima...
Citations: U.S. Const. amend. I, Employment Division v. Smith, Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah
After the prosecution rests in a jury trial for embezzlement, the judge grants a judgment of acquittal because the judge mistakenly believes the People must prove the defendant personally signed the company's bank card...
Citations: Evans v. Michigan, Fong Foo v. United States
...s customer database into a new subscription-management system by September 1. The contract required Client to provide administrator credentials, a current data export, and access to Client's billing manager by July 15. V...
Citations: Cal. Civ. Code sec. 1511, Cal. Civ. Code sec. 1512, CACI No. 303
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/
...e categories of records from private companies: bank deposit slips, numbers dialed from a landline, and two weeks of historical cell-site location information. Which statement best describes the third-party doctrine? Thi...
Citations: United States v. Miller, Smith v. Maryland, Carpenter v. United States
...purchase order for 500 portable heaters at $80 each, delivery by November 1. The purchase order said, "Ship promptly or confirm shipment date." Supplier emailed an acknowledgment the same day stating, "We accept your or...
Citations: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=COM§ionNum=2204., https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=COM§ionNum=2206., https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=COM§ionNum=2207.
...ll Buyer a particular machine, marks the machine with Buyer's order number, and sets it aside in Seller's warehouse for shipment next week. Title is not scheduled to pass until shipment. Which statement is most accurate?...
Citations: Cal. Com. Code sec. 2501
...emption to church-controlled charities only if they primarily serve members of their own faith or seek converts. A church-controlled homeless-services ministry serves all eligible persons without religious conditions bec...
Citations: U.S. Const. amend. I, Larson v. Valente, Catholic Charities Bureau, Inc. v. Wisconsin Labor & Industry Review Commission
Store hired Freight to deliver holiday inventory by December 10. Store prepaid the freight charges. On December 9, Freight told Store it would not release the goods from its warehouse unless Store signed a release of all...
Citations: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1567., https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1569., https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1570.
The parties dispute the legal effect of a contested transaction. A benefit rule burdened a protected group while the government invoked administrative efficiency. One argument was preserved, while another was raised o...
The parties dispute the legal effect of a contested transaction. A benefit rule burdened a protected group while the government invoked administrative efficiency. The disputed action was partly authorized but exceeded...
The parties dispute the legal effect of a contested transaction. A benefit rule burdened a protected group while the government invoked administrative efficiency. The facts are close, and both sides can cite a rule th...
The parties dispute the legal effect of a contested transaction. A benefit rule burdened a protected group while the government invoked administrative efficiency. One side relies on notice and practical reliance; the...
The parties dispute the legal effect of a contested transaction. A benefit rule burdened a protected group while the government invoked administrative efficiency. A party relied on common practice, but the record incl...
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