...liability and that no factual finding was being made. The supplier's separate claim for future lost profits under the same contract was dismissed without prejudice. One year later, the supplier filed a new Delaware acti...
Citations: Fed. R. Civ. P. 41(a), Restatement (Second) of Judgments Sections 19, 27, Delaware claim and issue preclusion doctrine
...took no action and the resolution was not presented to the President. Separately, the House Transportation Committee sent the Agency a letter ordering it to suspend enforcement of the rule immediately. The Agency obeyed...
Citations: https://supreme.justia.com/cases/federal/us/462/919/, https://constitution.congress.gov/browse/essay/artI-S7-C2-1/ALDE_00013355/
...top. What is the best double-jeopardy answer? This question tests the separate-sovereigns doctrine. Gamble v. United States, Puerto Rico v. Sanchez Valle
Citations: Gamble v. United States, Puerto Rico v. Sanchez Valle
...taxpayer standing, citizen standing, generalized grievances, and the separate requirements for Competitor's requested injunction. This essay tests taxpayer standing, citizen standing, generalized grievances, and separat...
Citations: Frothingham v. Mellon, Flast v. Cohen, Hein v. Freedom From Religion Foundation, Lujan v. Defenders of Wildlife
...for an alleged traffic violation. Passenger remains seated and is not separately addressed until after the car has stopped. Which statement best describes Passenger's Fourth Amendment status during the stop? This questio...
Citations: Brendlin v. Delaware
A restaurant chain agrees to buy "all requirements" of branded takeout boxes from Seller for one year. The contract estimates monthly needs at 20,000 boxes. Buyer later demands 250,000 boxes for a one-time resale opportu...
Citations: Cal. Com. Code sec. 2306
...Defendant commits a general-intent battery and is also charged with a separate offense requiring a specific intent to permanently deprive. How may voluntary intoxication be used? This question tests Delaware's voluntary-...
Citations: Penal Code sec. 29.4, CALCRIM No. 3426
June and Mateo want to scare a witness who is about to testify. They agree that June will send a message saying, "If you testify tomorrow, we will be waiting outside your house with guns." They do not actually intend to...
Citations: 11 Del. C. §§ 531-532, 11 Del. C. §§ 511-513, People v. Toledo, Delaware intent requirements for conspiracy to commit intentional murder
Nina and Paulo agree to rob a jewelry courier at a hotel. Unknown to them, a supposed third participant, "Ray," is an undercover officer who only pretends to join the plan. Nina rents a van under a false name. Paulo buys...
Citations: 11 Del. C. §§ 511-513, Delaware intent requirements for conspiracy to commit intentional murder, People v. Johnson
Congress comprehensively regulates the national market for a controlled plant product. A Delaware resident grows the plant at home, gives it without charge to a patient, and complies with Delaware law. Federal law prohib...
Citations: https://supreme.justia.com/cases/federal/us/545/1/, https://supreme.justia.com/cases/federal/us/317/111/
.... An Oregon corporation that sells wine online challenges the rule. A separate Delaware licensing statute charges nonresident individual fire-safety consultants triple the fee charged to Delaware residents before they ma...
Citations: https://www.supremecourt.gov/opinions/18pdf/18-96_5i36.pdf, https://supreme.justia.com/cases/federal/us/569/221/
Event Company contracted with Winery for two separate items for a product launch. First, Event Company agreed to buy 600 numbered bottles from a limited vintage already stored in Winery's cellar. The contract identified...
Citations: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=COM§ionNum=2501., https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=COM§ionNum=2613., https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1511.
...ublic university is building a new research hospital with state funds and some federal research-grant money. The university's construction contract requires the prime contractor to buy at least 70 percent of the concrete...
Citations: https://supreme.justia.com/cases/federal/us/447/429/, https://supreme.justia.com/cases/federal/us/467/82/
...compel production of several internal incident reports, and entered a separate contempt sanction against the hospital for violating a discovery order. The hospital did not seek immediate review of the sanction order. Aft...
Citations: Fed. R. App. P. 3(c)(4), Del. Supr. Ct. R. 6, Del. Supr. Ct. R. 42
...led firearm. A jury convicts Dana of both offenses. The court imposes separate prison terms for both counts based on the same moment of possession. Six months later, federal prosecutors file a federal felon-in-possession...
Citations: Gamble v. United States, Puerto Rico v. Sanchez Valle, Missouri v. Hunter, Blockburger v. United States, Penal Code Section 654
...Diego County. Six months later, Bakery found cheaper flour elsewhere and ordered zero pounds from Mill while continuing the same production volume. In a different month, Bakery demanded 80,000 pounds after deciding to r...
Citations: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=COM§ionNum=2306.
...permanent resident denied a sworn police officer position also sues. Separately, Congress enacts a federal statute making certain recent lawful permanent residents ineligible for a federal immigration-related cash benef...
Citations: https://supreme.justia.com/cases/federal/us/467/216/, https://supreme.justia.com/cases/federal/us/457/202/
...ed memorandum opinion and order on the docket, but it did not enter a separate Rule 58 judgment. No party served any separate notice of entry. The losing party filed a notice of appeal 175 days after March 1. The appelle...
Citations: Fed. R. App. P. 4(a)(1), 4(a)(7), Fed. R. Civ. P. 58
...is essay tests permissive party joinder, broad claim joinder, and the separate jurisdiction limits in a Delaware federal diversity case. Fed. R. Civ. P. 18, Fed. R. Civ. P. 20, 28 U.S.C...
Citations: Fed. R. Civ. P. 18, Fed. R. Civ. P. 20, 28 U.S.C. section 1367
...es under the Fourth Amendment and how Delaware electronic-privacy law separately affects access to the electronic information. This essay tests cell-phone searches, exposed lock-screen information, historical location da...
Citations: U.S. Const. amend. IV, Cal. Const. art. I, sec. 13, Riley v. Delaware, Carpenter v. United States, Penal Code Section 1546, Penal Code Section 1546.1
Officers have probable cause and an arrest warrant for Suspect. They believe Suspect is in Friend's apartment. Friend refuses entry, and no exigent circumstances exist. Which statement best describes the home-entry arres...
Citations: Payton v. New York, Steagald v. United States, Lange v. Delaware
...the plaintiff wins and later issues an opinion explaining damages. No separate judgment has been entered. Which statement is most accurate? This MCQ tests entry of judgment. Fed. R. Civ. P. 58
Citations: Fed. R. Civ. P. 58
Buyer bought a used industrial compressor from Seller. The bill of sale stated, "Sold as is." Before signing, Seller wrote on the inspection sheet, "Main motor newly rebuilt last week." In fact, the motor had not been re...
Citations: Cal. Com. Code sec. 2313, Cal. Com. Code sec. 2316
...diately stopped at the first crowded gas station to call police. In a separate incident one week later, Nora saw smoke coming from a warehouse. She could not tell whether anyone was inside. Instead of calling 911 from th...
Citations: Penal Code sec. 26, CALCRIM Nos. 3402, 3403
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