Last Rules to Memorize

Question 1

Taxing and spending

Answer 1

Congress can tax and spend for general welfare, for any public purpuse so long as strings are (1) clearly stated, (2) related to purpose of the grant and not (3) unduly coercive

Question 2

Commerce Clause

Answer 2

Instrumentalities, channels, and economic activity (need only rational basis) that substantially in aggregate effects interestate commerce

Limits: usually not oging to apply to non-economic intrastate activity even if would affect interstate commerce on aggregate (guns near schools, violence against women)

Question 3

Congress’s investigatory power

Answer 3

limited to matters on which it can legislate

Question 4

Article 4

Answer 4

Look for saying X% of workres have to be in state!

Question 5

Defenses to nArticle 4

Answer 5

necessary for important government interest & no less restrictive means avaialble
Dones’t apply to corporations or alients (look for non-residents being discriminated against)
Applies to jobs (commercial activity) or fundamental rights

Question 6

Contracts clause - private contracts

Answer 6

narrowly tailored to achieve important gov interest

Question 7

EPC claim

Answer 7

(1) is there gov action
(2) is it discriminatory (intent, application, impact/motive)
(3) is there a suspect classification

Question 8

due process - procedural

Answer 8

“reasonable expectation of continued receipt”

Question 9

Takings

Answer 9

public use = rationally related to legit public purpose (very broad)
just compensation = FMV at tiem of taking

regulatory = denial of all value, consider gov interest, diminuation in value, regulation interfering with investment-backed expecatiion

Required property interest for permitting easement - nexus and proportional

Question 10

school speech can be restricted if

Answer 10

reasaonbly related to legitimate pedagogical concerns

Question 11

IIED

Answer 11

(1) intentional or recklessness
(2) extreme and outragenous conduct
(3) causing severe emotional distress (don’t forget causation)

Question 12

IIED bystander

Answer 12

(1) in presence
(2) Distress resulted in bodily harm or close relative
(3) D KNEW these facts

Question 13

Business record

Answer 13

o (1) made in regular course of business
o (2) regularly conducted business activity
o (3) by someone with personal knowledge or within PK if someone with duty to transmit matters to entrant
o (4) at or near time of the event
o (5) authenticated

Question 14

PResent sense impression

Answer 14

statement describing an event or condition made while or immediately after perceiving it

Question 15

Victim’s prior sexual relations (civil)

Answer 15

generally inadmissible unless

(1) otherwise admissible and provbative value substantially outweights unfair prejudicie

Question 16

Defendant - sexual assault

Answer 16

past sexual assault/child molestation admissible w/ 15 days notice (criminal)
specific instances of sexual behavior b/w V and D (crim - P allowed, D to show consent)

Question 17

confrontation clause

Answer 17

criminal D, unavaialble witness, testimonial statement (grand jury, former trial, deposition) with no opp to cross-examine

Question 18

former testimony non-hearsay

Answer 18

former testimony made by currently unavaiable witenss (deposition/trial) w/ opportunity to cross examine

Question 19

Prior inconsistent statement

Answer 19

substantively will come in if made under oath
unless hearsay declarant who is out of court, usually witness has to be at trial and available for cross, given opp to explain inconsistent statemetn