NY BAR REVIEW PRACTICE EXAM FACTS

Question 1

it is within congress’ power to spend for what?

Answer 1

the general welfare

Question 2

art 1 sec 8

Answer 2

congress may spend to provide for the common defense and the general welfare.

Question 3

the spending for congress may be for what?

Answer 3

any public purpose

Question 4

congress may regulate states by imposing what?

Answer 4

explicit conditions on grant of money to state or local govts.

Question 5

if congress lacks the power to directly regulate the activity that is the subject of the spending program, but the conditions were clearly states, related to the purpose of the program, and not unduly coercive?

Answer 5

it is not a violation of the 10th amm

Question 6

even if congress’ enumerated powers would not permit it to directly require businesses to take steps specified by legislation, what may it use?

Answer 6

its spending power to encourage states to impose the steps

Question 7

as long as congress is not inducing states to do something that wouldn’t be within their constl power, congress can do what?

Answer 7

indirectly regulate activities that it couldn’t regulate directly by imposing conditions on grant of money to states

Question 8

making grant of money to a state conditional on the state’s taking governmental action violates the 10th amm or not?

Answer 8

NOT

Question 9

restrictions that have some relevance to federal interest involved, will they be stricken or upheld?

Answer 9

upheld

Question 10

conditioning grants that the states will provide for businesses is relevant to what goal?

Answer 10

getting businesses to restrict minors’ access to cigarettes

Question 11

under the majority view, consideration is or is not necessary to make an agreement at least partially enforceable where facts indicate that the promisor should be estopped from not performing.

Answer 11

NOT

Question 12

under the second restatement, a promise is enforceable to extent necessary to prevent what?

Answer 12

prevent injustice if promisor should reasonably expect the promise to induce action or forbearance and such action or forbearance is in fact induced.

Question 13

it is not necessary in charitable contribution cases that the promisor know what?

Answer 13

know of a specific expenditure that the recipient made or is going to make

Question 14

in the usual case, an intended third party beneficiary can prevent the contracting parties from what?

Answer 14

rescinding or modifying the contract once his rights have vested.

Question 15

when does vesting occur?

Answer 15

when beneficiary manifests assent to promise in a manner invited or requested by the parties or brings suit to enforce the promise or materially changes position in justifiable reliance on the promise.

Question 16

receipt of letter without any action on its part is or is not sufficient to vest its rights as third party beneficiary?

Answer 16

NOT

Question 17

the fact that one has the power to change beneficiary of a benefit plan does not affect what?

Answer 17

liability the company incurs to the charitable organization under a promissory estoppel theory

Question 18

regardless of whether the company had a duty to pay the new charitable organization, it may be liable to the initial charitable organization - why?

Answer 18

bc it caused the initial charitable organization to detrimentally rely on the statement in the letter that it was the beneficiary.

Question 19

what is a pure notice statute?

Answer 19

it allows subsequent purchasers for value and without notice of a prior conveyance to prevail over the prior transferee regardless of whether the subsequent purchaser records

Question 20

what is the shelter rule?

Answer 20

it allows a person who takes from a bona fide purchaser to prevail against any interest that the transferor-bonafide purchaser would have prevailed against, even if the transferee had actual knowledge of the prior unrecorded interest.

Question 21

mortgagess for value are treated as what?

Answer 21

purchasers, under recording statutes

Question 22

a tax exemption that regulates speech based on its content is valid?

Answer 22

NO, in violation of first amm (compelling interest is to be present)

Question 23

freedom of the press is guaranteed by which amm?

Answer 23

1st

Question 24

freedom of the press does not prohibit all govt regulation of the press, but does what?

Answer 24

place limits on its regulation

Question 25

press and broadcasting companies can be subject to general business regulations and taxes, but generally may NOT be what?

Answer 25

singled out for a special tax

Question 26

tax impacting on the press or a sub-part of the press cannot be what?

Answer 26

based on content of publication absent a compelling justification

Question 27

how does one obtain standing?

Answer 27

must show has suffered an injury in fact caused by the govt that can be remedied by a court decision in their favor

Question 28

what is the doctrine that taxpayers do not have standing?

Answer 28

it applies to cases where taxpayer is litigating the way their tax money is spent rather than whether they owe a particular tax

Question 29

the equal protection clause prohibits what?

Answer 29

govt discrimination absent a compelling interest and laws that favor a minority are subject to the same strict scrutiny standard as laws that discriminate ag a minority

Question 30

sup court found that remedying past discrimination ag a minority by the govt or the public is what?

Answer 30

a compelling interest

Question 31

a govt program favoring a minority will be upheld if it is what?

Answer 31

narrowly draw to remedy past discrimination

Question 32

if we are not given facts about past discrimination, we cannot what?

Answer 32

decide whether the equal protection clause has been violated

Question 33

two suits may be conducted together if what?

Answer 33

arise out of the same transaction or occurrence

Question 34

what is claim preclusion?

Answer 34

a valid final judgment on the merits was entered in the first case. the cases were brought by the same claimant ag the same defendant and same cause of action is involved in the later lawsuit.

Question 35

a claimant is required to assert what?

Answer 35

all causes of action arising out of the same transaction or occurrence that is the subject matter of the claim.

Question 36

installment payments - a claimant is required to sue for what?

Answer 36

on all installments due at time of suit. if there is an acceleration clause, claimant MUST sue for ALL installments. otherwise, barred by claim preclusion.

Question 37

a plaintiff may NOT choose when to sue on what type of clause?

Answer 37

acceleration clause

Question 38

if there is a non-optional acceleration clause in the contract, then plaintiff must what?

Answer 38

sue for all installments on their original lawsuit.

Question 39

if the govt presumes facts ag a person so that person cannot demostrate they are qualified for some important benefit or right, then what?

Answer 39

the irrebuttable presumption may be unconstitutional

Question 40

if the presumption involves a fundamental right or a suspect or quasi suspect classification, then what?

Answer 40

it will likely be held invalid under a strict scrutiny or intermediate analysis

Question 41

if some other right or class is involved, it will what?

Answer 41

likely be upheld under the rational basis standard

Question 42

Rational Basis Review includes?

Answer 42

``` Age discrimination . Disability . Poverty. Economic regulation. Sexual orientation discrimination. Foreign travel restrictions. ```