A President 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 civ...
Citations: https://supreme.justia.com/cases/federal/us/457/731/, https://supreme.justia.com/cases/federal/us/520/681/
...y the Speaker of the House for a six-year term. What is the strongest separation-of-powers objection? This question tests congressional appointment of executive officers. https://constitution.congress.gov/browse/essay/ar...
Citations: https://constitution.congress.gov/browse/essay/artII-S2-C2-3-1/ALDE_00013092/, https://www.supremecourt.gov/opinions/24pdf/24-316_869d.pdf
A statute permits the Secretary of Energy to sell obsolete federal equipment, but says any sale is cancelled if the House Energy Committee files a written objection within 15 days. The Committee objects to a sale, and th...
Citations: https://supreme.justia.com/cases/federal/us/462/919/
...fter final judgments are entered against the United States in a group of contract cases, Congress enacts a statute requiring federal courts to reopen those cases and enter new judgments for the government if an agency ce...
Citations: https://supreme.justia.com/cases/federal/us/514/211/
Congress creates an Inspector of Federal Grants who audits recipients, issues binding repayment orders, and brings civil enforcement actions. The statute allows the House and Senate Appropriations Committees acting toget...
Citations: https://supreme.justia.com/cases/federal/us/478/714/
...ractor whose payment was withheld challenges the statute. Analyze the separation-of-powers issues. In your answer, address whether the Administrator's functions are executive, whether congressional removal control is per...
Citations: https://supreme.justia.com/cases/federal/us/478/714/
A software company sued a former employee in Delaware Superior Court for breach of contract, trade secret misappropriation, and fraud. The court granted the employee's Rule 12(b)(6) motion on the contract claim without l...
Citations: Del. Supr. Ct. R. 6, Del. Supr. Ct. R. 42
...h layer of the structure. This essay tests appointment and removal as separation-of-powers constraints. https://supreme.justia.com/cases/federal/us/487/654/, https://supreme.justia.com/cases/federal/us/591/19-7/, https:/...
Citations: https://supreme.justia.com/cases/federal/us/487/654/, https://supreme.justia.com/cases/federal/us/591/19-7/, https://supreme.justia.com/cases/federal/us/561/477/, https://www.supremecourt.gov/opinions/24pdf/24-316_869d.pdf
A federal statute directs a Budget Controller to calculate mandatory spending cuts and issue binding orders to agencies. The Controller is nominated by the President and confirmed by the Senate, but Congress may remov...
Citations: https://supreme.justia.com/cases/federal/us/478/714/
...questions for Congress and the President. Analyze the Article III and separation-of-powers issues. Discuss which parts of the Act are likely valid or invalid. This essay tests Article III limits and judicial separation-o...
Citations: https://supreme.justia.com/cases/federal/us/514/211/, https://supreme.justia.com/cases/federal/us/369/186/, https://supreme.justia.com/cases/federal/us/80/128/
After signing a statute that appropriates $200 million for a named bridge project, the President issues an order cancelling only that appropriation and directing the Treasury not to release the funds. What is the best...
Citations: https://supreme.justia.com/cases/federal/us/524/417/
After the House impeaches a federal judge, the Senate appoints a committee to receive evidence and report findings to the full Senate. The full Senate then votes to convict. The judge sues, arguing that the Constituti...
Citations: https://supreme.justia.com/cases/federal/us/506/224/
.... The statute provides that a final rule becomes void if either House of Congress passes a resolution of disapproval within 30 days. The agency issues a rule, and the House alone disapproves it. What is the strongest con...
Citations: https://supreme.justia.com/cases/federal/us/462/919/
...rgin of safety." A regulated company argues that the statute violates separation of powers because Congress delegated policymaking discretion. Which answer is strongest? This question tests nondelegation and permissible...
Citations: https://supreme.justia.com/cases/federal/us/488/361/, https://supreme.justia.com/cases/federal/us/276/394/
...at any final agency regulation "shall take effect unless either House of Congress passes a resolution of disapproval within 60 days." The Agency issued a rule requiring new tracking equipment on vessels entering Delaware...
Citations: https://supreme.justia.com/cases/federal/us/462/919/, https://constitution.congress.gov/browse/essay/artI-S7-C2-1/ALDE_00013355/
...t was awarded a grant sue to compel release of the funds. Analyze the separation-of-powers issues, including presentment, the Take Care Clause, and any Youngstown arguments. This essay tests unilateral presidential cance...
Citations: https://supreme.justia.com/cases/federal/us/524/417/, https://supreme.justia.com/cases/federal/us/343/579/, https://constitution.congress.gov/browse/essay/artII-S3-1/ALDE_00013404/
...unit, training on barcode scanning, and the hospital's investigation of the patient's incident. The notice also requested the policies and investigation file identified in the topics. The hospital produced a nurse manag...
Citations: Fed. R. Civ. P. 30(b)(6), 30(c), 34, 37, Del. Super. Ct. Civ. R. 30(b)(6), 34, 37
...juror is excused for hardship, and the prosecution presents two days of testimony. On the third day, a sitting juror is hospitalized after an accident. The trial judge obtains medical information, asks counsel about a c...
Citations: Arizona v. Washington, United States v. Perez, Oregon v. Kennedy, People v. Batts, Penal Code Section 1023
...lyze Rosa's liability. This essay tests conspiracy withdrawal and the separation between conspiracy liability and later substantive liability. 11 Del. C. §§ 511-513, Delaware murder mental-state statutes, People v. Sconc...
Citations: 11 Del. C. §§ 511-513, Delaware murder mental-state statutes, People v. Sconce, People v. Hardy
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