NY BAR REVIEW PRACTICE EXAM FACTS Flashcards
it is within congress’ power to spend for what?
the general welfare
art 1 sec 8
congress may spend to provide for the common defense and the general welfare.
the spending for congress may be for what?
any public purpose
congress may regulate states by imposing what?
explicit conditions on grant of money to state or local govts.
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?
it is not a violation of the 10th amm
even if congress’ enumerated powers would not permit it to directly require businesses to take steps specified by legislation, what may it use?
its spending power to encourage states to impose the steps
as long as congress is not inducing states to do something that wouldn’t be within their constl power, congress can do what?
indirectly regulate activities that it couldn’t regulate directly by imposing conditions on grant of money to states
making grant of money to a state conditional on the state’s taking governmental action violates the 10th amm or not?
NOT
restrictions that have some relevance to federal interest involved, will they be stricken or upheld?
upheld
conditioning grants that the states will provide for businesses is relevant to what goal?
getting businesses to restrict minors’ access to cigarettes
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.
NOT
under the second restatement, a promise is enforceable to extent necessary to prevent what?
prevent injustice if promisor should reasonably expect the promise to induce action or forbearance and such action or forbearance is in fact induced.
it is not necessary in charitable contribution cases that the promisor know what?
know of a specific expenditure that the recipient made or is going to make
in the usual case, an intended third party beneficiary can prevent the contracting parties from what?
rescinding or modifying the contract once his rights have vested.
when does vesting occur?
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.
receipt of letter without any action on its part is or is not sufficient to vest its rights as third party beneficiary?
NOT