NY BAR REVIEW PRACTICE EXAM FACTS Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

it is within congress’ power to spend for what?

A

the general welfare

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

art 1 sec 8

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

the spending for congress may be for what?

A

any public purpose

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

congress may regulate states by imposing what?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

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?

A

it is not a violation of the 10th amm

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

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

A

its spending power to encourage states to impose the steps

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

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

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

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

A

NOT

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

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

A

upheld

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

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

A

getting businesses to restrict minors’ access to cigarettes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

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.

A

NOT

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

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

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

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

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

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

A

rescinding or modifying the contract once his rights have vested.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

when does vesting occur?

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

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

A

NOT

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

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

A

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

18
Q

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

A

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

19
Q

what is a pure notice statute?

A

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

20
Q

what is the shelter rule?

A

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.

21
Q

mortgagess for value are treated as what?

A

purchasers, under recording statutes

22
Q

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

A

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

23
Q

freedom of the press is guaranteed by which amm?

A

1st

24
Q

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

A

place limits on its regulation

25
Q

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

A

singled out for a special tax

26
Q

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

A

based on content of publication absent a compelling justification

27
Q

how does one obtain standing?

A

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

28
Q

what is the doctrine that taxpayers do not have standing?

A

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

29
Q

the equal protection clause prohibits what?

A

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

30
Q

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

A

a compelling interest

31
Q

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

A

narrowly draw to remedy past discrimination

32
Q

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

A

decide whether the equal protection clause has been violated

33
Q

two suits may be conducted together if what?

A

arise out of the same transaction or occurrence

34
Q

what is claim preclusion?

A

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.

35
Q

a claimant is required to assert what?

A

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

36
Q

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

A

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.

37
Q

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

A

acceleration clause

38
Q

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

A

sue for all installments on their original lawsuit.

39
Q

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

A

the irrebuttable presumption may be unconstitutional

40
Q

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

A

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

41
Q

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

A

likely be upheld under the rational basis standard

42
Q

Rational Basis Review includes?

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