Moratorium Eviction Amicus Curiae Briefs

Question 1

Amicus brief should have Table of ______, followed by Table of ______

Answer 1

Contents; Authorities

Question 2

In the Table of Authorities, ____ have priority over _____/rules/other authorities

Answer 2

Cases; Statutes

Question 3

Authorities must be listed in the order of _____ authority

Answer 3

Binding

Question 4

Summary of Arguments:

“[Client] submits this brief as __________ in opposition to _____

Answer 4

Amicus Curiae; [Opposing party]

Question 5

(Argument Headings)

Headings should be ______ and ______

Answer 5

Capitalized; Bolded

Question 6

In _____ v. Massachusetts (1905), SCOTUS held that _______ are constitutional so long as a _________ exists to the protecting public health

Answer 6

Jacobson; State public health measures; “Real or substantial relation”

Question 7

In NY Bd. of Health case ( 2nd Cir. 2009), the court recognized the tradition of _____________ and upheld public health as ________

Answer 7

Local health & safety regulation; Reasonable

Question 8

In Pennell v. _____ (SCOTUS 1998), Court held that rent control (against landowners) violates _______ only if “arbitrary, discriminatory, or _______ to a _______ government purpose”

Answer 8

San Jose; Due process; Demonstrably irrelevant; Legitimate

Question 9

Sub-headings are _____, but NOT ______

Answer 9

Bolded; Capitalized

Question 10

If explanatory comments are long, then use _____ to write them out

Answer 10

Footnotes

Question 11

States that implemented state-at-home orders saw a ___% reduction in new COVID cases after 3 weeks

Answer 11

48% (James H. Fowler)

Question 12

(LAS) Structure of an LAS amicus brief should include: (PIAC)

Answer 12

1. Preliminary Statement
2. Interest of Amicus Curiae
3. Argument
4. Conclusion

Question 13

While there is law standing for the proposition that ________is not an appropriate remedy even when there has been a wrongful eviction because restoration would only __________, Soukouna v. 365 Canal Corp., 48 A.D.3d 359, 853 N.Y.S.2d 39 (1st Dept. 2008), Pied-A-Terre Networks Corp. v. Porto Resources, LLC, 33 Misc. 3d 126(A), 2011 WL 4486732 (App. Term 1st Dept. 2011)., Friends of Yelverton, Inc. v. 163rd Street Improv. Council, Inc., 135 Misc. 2d 275, 281-282, 514 N.Y.S.2d 841 (Civ. Ct. Bronx Co. 1986)

Answer 13

Restoration; Forestall inevitable eviction

Question 14

What are some considerations for eviction during moratorium? (DCNO)

Answer 14

1. Duration of tenancy
2. Corroborating document of tenancy
3. Notice
4. Opportunity to be heard