Mixed Question Review Flashcards
Are federal agents exempt from state taxation?
Generally, yes.
When is the federal govt. subject to state taxation?
When the state is imposing an income tax on the salaries of federal employees.
Which approach does the MBE use for conspiracy and that is the other approach?
The MBE uses the common law approach which is the bilateral approach. It requires at least 2 people to have the mens rea for conspiracy. The other approach is the unilateral approach where only one person with the requisite mens rea is needed for conspiracy.
When can cross examination go beyond the scope of direct examination
For impeachment purposes.
How can a photograph be authenticated?
By one with personal knowledge. That the photo is an accurate representation of what it depicts.
When is deadly force permitted to catch a fleeing criminal?
If the criminal committed a felony and deadly force is necessary to prevent their escape.
Is a finding of negligence per se enough for D to be liable for negligence?
No, establishment of negligence per se only gives proof of negligence. P would still need to establish causation.
Can the Federal court exercise supplemental jurisdiction over a cross claim?
Yes.
How do the states for state discrimination against out-of-state residents differ between the Dormant Commerce Clause and Privileges and Immunities Clause?
The first difference is the test under the DCC is that the discrimination must be necessary to achieve and important govt. interest while the P&I test is a substantial justification.
The second difference is that the DCC test requires that there be no reasonable non-discriminatory alternatives while the P&I test requires that there be no less discriminatory alternatives.
What is the general rule concerning the Court’s treatment of a motion to amend?
The general rule is that a District Court freely give leave to amend as justice so requires.
What makes a fact material for civil law purposes?
A fact is “material” if it is relevant to an element of a claim or defense and its existence is outcome determinative.
Is an exaction considered a taking?
Yes.
When are exactions valid?
There is an essential nexus between the condition and the property development AND
The adverse impact to the proposed development is roughly proportional to the loss caused to the property owner from the forced transfer.
When a government regulation only prevents a landowner from the most beneficial use of their property, does that constitute a taking?
It depends. the Court will need to determine whether the regulation leaves an economically viable use for the property.
How does the Court determine whether a regulation leaves an “economically viable use for the property”?
the Court uses a three-factor test. It look at:
(1) It looks the social goals sought to be promoted.
(2) the diminution in value to the owner and
(3) Whether the regulation interferes with distinct, investment-backed expectations.
Under FRCP R. 4(h) how can a corporation be served?
Service of process may be made on a corporation by delivering a copy of the summons and complaint to a corporate officer or to a general or managing agent.
When can a defendant initiate a third-party action?
If D claims that the nonparty “is or may be liable to D for all or part of the claim against it,”
