MBE RULES

Question 1

Supplemental Jurisdiction

Answer 1

Supplemental jurisdiction allows a federal court to hear claims over which the court would not ordinarily have jurisdiction if those claims arise out of the same transaction or occurrence as a claim over which the court does have subject matter jurisdiction.

Question 2

Minimum Contacts

Answer 2

The defendant has established a minimum contact with the forum state, the claim against the defendant is related to that contact, and the exercise of jurisdiction does not offend traditional notions of Fair play and substantial justice.
The plaintiff must establish that the defendant has purposefully availed themselves to the privilege of conducting activities within the forum state and that the defendant would have reasonably expected to be hailed into the forum state court.

Question 3

Rules of Decision Act

Answer 3

Applicable provisions of the federal constitution, treaties, and constitutional statutes enacted by Congress always take precedence over state law.

Question 4

Doctrine of relation back

Answer 4

The court was treat an amendment to a pleading as though it has been filed with the original pleading

Question 5

A party seeking either a temporary restraining order or a preliminary injunction must first establish:

Answer 5

1. Substantial likelihood of success on the merits
2. irreparable harm will be suffered unless the remedy sought is issued
3. the harm to the plaintiff is greater than the harm to the defendant if the remedy is granted and
4. the provisional remedy, if granted, will not be adverse to the public interest

Question 6

Interpleader is only applicable where…

Answer 6

multiple claims demand the same thing or obligation. Usually, a piece of property or the proceeds of an insurance policy.

Question 7

Cases or Controversies

Answer 7

The jurisdiction of federal courts is limited to cases and controversies. In case or controversy is a real and substantial dispute that touches the legal relations of parties having adverse interests and that can be resolved by a judicial decree of a conclusive character. RAMPS.

Question 8

Standing

Answer 8

1. Injury in fact
2. Causation (the injury was caused by the challenged action) and
3. Redressability

Question 9

Commerce Clause substantial effects test

Answer 9

1. the regulated activity is economic in nature and

2. the regulated activity when taken in the aggregate has a substantial effect on Interstate commerce

Question 10

General Welfare Clause

Answer 10

Congress is taxing and spending power must be exercised for the general welfare of the United states

Question 11

Impeachment Power

Answer 11

The House of Representatives has the sole power to impeach. The Senate has the sole power to try impeachments, 2/3 vote is required for conviction.

Question 12

Dormant Commerce Clause

Answer 12

Law discriminates on its face between in state and out of state: strict scrutiny.
Merely burdens out of state: balancing test
Exceptions: affirmative authority from congress or state is a market participant

Question 13

Comity Clause

Answer 13

The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states. This clause prohibits states from discriminating against citizens who are non residents with respect to rights and activities that are fundamental to the National Union.

Question 14

Establishment Clause tests

Answer 14

Facial discrimination or preference of one religion over another: strict scrutiny.
No religious sect or preference: Lemon test (secular purpose, no religious advancement or exhibition, no entanglement)

Question 15

Time, place, and manner regulations must be…

Answer 15

1. content-neutral
2. narrowly tailored to serve an important government purpose
3. leave open other channels of communication

Question 16

Proximate Cause

Answer 16

Recklessness or negligence: the resultant harm was within the risk created by the defendant’s conduct
Intent crimes: the result harm was sufficiently similar to the harm intended

Question 17

Withdrawal from conspiracy (common law & MPC)

Answer 17

Common law: Withdrawal is not a defense but if the withdrawing conspirator gives timely notice to all other conspirators it will cut off liability
MPC: gives timely notice to all other conspirators and performs an affirmative act to thwart the conspiracy

Question 18

Burden of proof for insanity

Answer 18

Defendant by clear and convincing evidence