SJC

Question 1

District of Columbia v. Heller

Answer 1

The Supreme Court recognized the right to bear arms belonging to private citizens inside their homes for self-defense relying on the originalism interpretation (I.e., deeply rooted in our nation’s history and tradition. The 2A rights are not unlimited.

Question 2

McDonald v. City of Chicago

Answer 2

In this case, the Supreme Court extended the 2nd Amendment rights\ to the states through the Due Process Clause of the 14th Amendment

Question 3

NYSRPA v. Bruen

Answer 3

The Supreme Court ruled that the private citizens have right to bear arms outside of home for self-defense under the second amendment, incorporated against the states via the 14th Amendment DPC.

Second amendment extends to all instruments that constitute bearable arms even those not contemplated at the time of founding. .

Question 4

Five First Amendment Rights

Answer 4

Religion
Assembly
Petition
Press
Speech

Question 5

Burwell v. Hobby Lobby

Answer 5

The closely held corporations have right to refuse to provide contraception if it violates their right to exercise religion. The ACA violated the Religious Freedom Restoration Act as it burdened Hobby Lobby’s free exercise of religion rights.

If the government action is burdensome, it needs to be the least restrictive measure serving compelling government interest.

Question 6

Masterpiece Cakeshop v. Colorado Civil Rights Commission

Answer 6

The Court ruled that the Colorado Civil Rights Commission expressed hostility to the baker based on his religious belief thereby violating the Free Exercise Clause of the First Amendment.

Question 7

Espinoza v. Montana Department of Revenue (2010)

Answer 7

The State’s prohibition that state scholarship fund, which could be used for private schools, cannot be used towards religious private schools violate the Free Exercise Clause of the 1A.

Question 8

Our Lady of Guadalupe School v. Morrisey-Berru (2020)

Answer 8

The religious organizations have right to select its key leaders without governmental interference under the 1A under the ministerial exception. In this case, this involved a religious education teacher.

Question 9

Tandon v. Newsom

Answer 9

The Supreme Court ruled that California’s COVID-19 restriction that prohibited religious gathering at home for more than 3 households violated the 1A rights of the citizens as it was not generally applicable (I.e., allowed other secular activities of the similar risk profile to occur like shopping/hair salons/movie theaters).

Strict Scrutiny is triggered because the restriction is not neutral/generally applicable.

Question 10

Kennedy v. Bremerton School District (2022)

Answer 10

A school district’s firing of a football coach for taking a knee and praying at the football games did not violate the Establishment Clause but violated his first amendment free exercise and free speech rights.

Question 11

Carson v. Makin (2022)

Answer 11

Maine Department of Education’s ban on its school vouchers going towards non-sectarian schools violated the free exercise clause of the 1A. A use-based discrimination offends the Free Exercise Clause.

Question 12

Groff v. DeJoy (2023)

Answer 12

In religious accommodation cases, the burden that the employer must show is no longer a “de minimus cost” but “substantially increased cost” to the employer to accommodate. In this case the employee wanted a religious accommodation not to work on Sundays.

Question 13

303 Creative vs. Elenis

Answer 13

The Supreme Court ruled that forcing a website designer to create a website under the Colorado’s non-discrimination statute against the designer’s religious belief would violate the free exercise clause of the First Amendment . The Court stipulated that her website constituted “expressive” conduct.

Question 14

Bostock v. Clayton (2020)

Answer 14

Title VII of the Civil Rights Act of 1964 prohibits discrimination against the same sex couples. Justice Gorsuch, relying on textualism, noted that discrimination “because of sex” means “in part of sex” based on the statute’s ordinary public meaning. Homosexuality and transgender statuses are inexplicably intertwined
with sex.

Question 15

Obergefell v. Hodges

Answer 15

Under the Due Process Clause and the Equal Protection Clause of the 14th Amendment, the same sex couples have right to marry, which should be recognized by all states.

Question 16

June Medical Services v. Russo (2020)

Answer 16

The Court held that the Louisiana law that required abortion clinicians to have admitting privileges at hospitals within 30 miles from the abortion clinics presented a substantial obstacle to women seeking abortion (undue burden on their right to abortion).

Question 17

Whole Women’s Health v. Jackson (2021)

Answer 17

WWH challenged the Texas Heartbeat law. The Court allowed a suit to proceed agains certain defendants but not others. The Court did not enjoin the challenged law.

Question 18

Dobbs v. Jackson Women’s Health Org

Answer 18

The Supreme Court overturned Roe v. Wade and ruled that the right to abortion does not exist under the Constitution as it’s not deeply rooted in our history and tradition/not consistent with the concept of ordered liberty. The power is sent back to the states/its elected officials.

Question 19

What are the factors the Court would consider in overturning a precedent?

Answer 19

(1) nature of the court’s error; (2) quality of the court’s reasoning; (3) workability of the rules; (4) disruption on other areas of the law; (5) absence of concrete reliance on the precedent.

Question 20

West Virginia v. EPA

Answer 20

The Court relied on the major questions doctrine and ruled that the EPA did not have authority under Clean Air Act to use generational shifting to regulate carbon dioxide emission and existing power plants.

Question 21

What is a major questions doctrine

Answer 21

It’s a method of legal interpretation under which an agency must point to clear congressional authorization if it seeks to regulate on an issue of great “economic and political significance.”

Question 22

Griswold v. Connecticut

Answer 22

The Supreme Court found the right to privacy of couples to use contraception in the 14th amendment based on other fundamental rights guaranteed by the Constitution.
“Zone of Privacy” is in the “penumbra.” The penumbra is created by rights inferred by the 1st, 3rd, 4th, 5th, and 9th Amendments.

Question 23

Are there other rights that are not enumerated in the constitution but fundamental?

Answer 23

Right to marry; right to travel; right to raise children and direct their education.

Question 24

Washington v. Glucksberg

Answer 24

The Court held that there is no right to have medically assisted suicide in the Constitution under the due process clause of the Constitution. The inquiry begins by examining whether the asserted right is consistent with our nationals history and legal tradition/practices.

Question 25

Janus v. AFSCME

Answer 25

The charging of agency fees on non-union members who work in the public sector violated their rights to the free speech because it compelled them to subsidize private speech on matters that were of substantial public concern.

Question 26

Biden v. Nebraska

Answer 26

The Court relied on the major questions doctrine and ruled that the secretary of education under the HEROS act (higher education relief opportunities act) did not have authority to cancel billions of dollars in student debt as debt relief has major political and economic significance.

Question 27

Allen v. Milligan

Answer 27

The Court held that the restricting/congressional map in Alabama likely violated the Section 2 of the Voting Rights Act which prohibits election practices that abridge the right of people based on their race.

Question 28

The independent state legislature theory

Answer 28

The independent state legislature theory or independent state legislature doctrine (ISL) is a judicially rejected legal theory that posits that the Constitution of the United States delegates authority to regulate federal elections within a state to that state's elected lawmakers without any checks and balances from

Question 29

Harper v. Moore

Answer 29

Under the "Election Clause" of Article 1 of the Constitution, the state legislatures do not have exclusive power to set federal election rules, including drawing congressional maps, without interference from other parts of the state government like the judicial branch.

Question 30

SFFA v. Harvard/North Carolina

Answer 30

The race-conscious admissions process at UNC is unconstitutional and violates the Equal Protection Clause of the 14th Amendment. Harvard violates Title VI of the Civil Rights Act of 1964.

Question 31

Is race-based quota appropriate in admissions policies?

Answer 31

No. In University of CA v. Bakke, the Court ruled that the racial quotas violate the Equal Protection Clause and the EPC under the 14th amendment . Race could be a plus factor but not a quota (this has been overturned).

Question 32

Grutter v. Bollinger

Answer 32

The race-conscious admissions policy was found to be constitutional where it was to achieve education benefit of the diversity/to achieve critical mass (compelling state interest). Gratz was found to violate the EPC of the 14th amendment because it used a point system. Fisher - UT did not violate the 14th amendment but race-conscious policy must be used when non-race based measures do not achieve the goal of creating educational benefit of diversity.

Question 33

What is Qualified Immunity

Answer 33

Government officers of certain discretionary functions are immuned from suits if they did not violate clearly established statutory or constitutional right.

Question 34

Egbert v. Boule

Answer 34

The Bivens Action to pursue 1A retaliation claims is not allowed against the border patrol officers because it raises national security concerns.

Question 35

Counterman v. Colorado

Answer 35

To rise to a true threat, the government must prove that the defiant had some subjective understanding of the nature of the threatening statement; recklessness is enough.

Question 36

Loper Bright Enterprises v. Raimondo

Answer 36

The case asks whether Chevron should be overturned and whether National Marine Fisheries Services have authority to promulgate a rule under the Magnuson-Stevens Fisheries Conservation and Management Act to require the companies to pay for monitors.

Question 37

What is Chevron Deference?

Answer 37

Chevron is a foundational case in administrative law, in which the Supreme Court held that when a federal statute is ambiguous or silent, courts should defer to an agency’s interpretation of that law so long as it is reasonable.

Question 38

What is critical race theory?

Answer 38

It's an academic discipline that advocates looking at America's history through the lens of racism.

Question 39

What is Commercial Speech?

Answer 39

Speech for purposes of earning revenue; intermediate scrutiny

Question 40

What is the standard of review for a content neutral speech regulation

Answer 40

generally intermediate scrutiny. Content-neutral speech restrictions only restrict time, place, and manner.

Question 41

Mapp v. Ohio

Answer 41

Evidence that is illegally obtained against the 4th Amendment is not admissible in state and federal courts.

Question 42

Exceptions to the exclusionary rule

Answer 42

good faith; inevitable discovery; attenuation; independent source

Question 43

Exceptions to the warrant requirement

Answer 43

hot pursuit; consent; border search; investigatory stop; plain view; search incident to arrest

Question 44

What are the FIVE 5th Amendment Rights

Answer 44

(1) double jeopardy (2) right to grand jury; (3) takings clause; (4) self-incrimination; (5) due process (Federal)

Question 45

6th amendment rights

Answer 45

(1) right to counsel (2) right to impartial and local jury; (3) confrontational clause; (4) speedy trial

Question 46

how many grand jurors are there/ do you need? how many do you need for a quorum?

Answer 46

There should be 23; need 16 for the quorum; need 12 votes.

Question 47

What is the speedy trial clock? how many days?

Answer 47

45 days to trial.

Question 48

What right is guaranteed by the 7th amendment

Answer 48

Right to Civil Trial for a cases worth more than $20. minimum of 6 jurors needed; unanimous; 3 per-emptory challenges.

Question 49

8th Amendment

Answer 49

right against excessive bail; cruel and unusual punishment.

Question 50

How do you define something to be "cruel and unusual"

Answer 50

(1) too severe for the crime; (2) arbitrary; (3) offends society's sense of justice.

Question 51

9th amendment

Answer 51

The unenumerated rights in the Constitution belong to the people.

Question 52

10th Amendment

Answer 52

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. (state's power)

Question 53

13th amendment

Answer 53

abolished slavery

Question 54

11th amendment

Answer 54

sovereign immunity of the state (cannot be used by a citizen of another state).

Question 55

14th amendment

Answer 55

Due process clause (state) - deeply rooted in our history and tradition; no state can abridge privileges or immunities of a US citizen; equal protection clause

Question 56

what rights in the constitution have not been incorporated against the states

Answer 56

3rd; 5th (grand jury); 7th right to civil jury;

Question 57

What fundamental rights has the Court found under the DPC?

Answer 57

right to marry; right to travel; right to raise and direct children's education; right to use contraception.

Question 58

19th amendment

Answer 58

Women's right to vote.

Question 59

15th amendment

Answer 59

Right to vote not to be abridged on the basis of race, color, previous condition of servitude.

Question 60

Skidmore deference

Answer 60

Unlike Chevron, the court decides how much deference to afford to the agency's decision based on the agency's ability to support its position.

Question 61

Article III Justiciability

Answer 61

Must be not an advisory opinion; ripe, not moot, have standing.

Question 62

Standing requirements under Art III

Answer 62

injury in fact, causal connection between the conduct and injury; redressility

Question 63

What is a political questions doctrine

Answer 63

The courts should not hear cases that are inherently political in nature and better left to other branches of the government (e.g., impeachment proceedings)

Question 64

What are examples of capital offenses?

Answer 64

murder, espionage, very large scale drug trafficking, attempted murder of a witness/juror.

Question 65

Under FRCP Rule 12, how many days do you have to file an answer/counterclaim after receiving service of a complaint

Answer 65

21 days

Question 66

12b(6)

Answer 66

Motion to dismiss for a failure to state a claim upon which relief can be granted; the court will will dismiss if the complaint does not assert a plausible claim, and set forth sufficient factual, non- conclusory allegations to support the claim.

Question 67

Pullman abstention doctrine

Answer 67

Federal courts should exercise its discretion to stay a dispute where substantial constitutional questions are at play when state court proceedings can resolve or moot the issue

Question 68

Colorado River Abstention

Answer 68

When there are parallel proceedings, the federal court should abstain if both suits involve the rights of parties regarding the same questions of law.

Question 69

younger abstention doctrine

Answer 69

The federal court should abstain from hearing a case if its relief will interfere with ongoing state proceedings.

Question 70

Buford doctrine

Answer 70

The federal court should abstain from hearing state administrative questions or those that speak substantially to state policies of importance.

Question 71

Rooker Feldman Doctrine

Answer 71

The lower federal courts do not have jurisdiction to review state court's final judgment.

Question 72

How do you determine a corporation's citizenship under FRCP?

Answer 72

a state of incorporation; Principal Place of Business.

Question 73

Eerie Doctrine

Answer 73

For federal cases in diversity jurisdiction, the federal court should apply substantive state law but apply FRCP for procedural matters.

Question 74

What is a Daubert hearing?

Answer 74

It's a hearing to determine whether expert testimony should be admissible at trial based on relevance and reliability.

Question 75

What do courts consider for a Daubert hearing?

Answer 75

(1) was the expert's theory tested, peer reviewed, or published; (2) what is the known or potential error rate; (3) are there standards controlling the operation; (4) has it been widely accepted.

Question 76

What FRCP governs discovery

Answer 76

Rule 26 governs initial disclosure (14 days of the Rule 26f conference).

Question 77

What rule governs preliminary injunctions?

Answer 77

Rule 65 - preliminary injunctions should be granted if a party can prove (1) irreparable harm; (2) likelihood of success on the merits; (3) balance of hardship tips towards the movant.

Question 78

Is nationwide injunction appropriate?

Answer 78

The district courts have issued a nationwide injunction using the Rule 65 standards. This should be rarely granted in light of the fact that the judge is going outside of the four corners of the dispute that is before the judge.

Question 79

When can one file an interlocutory appeal?

Answer 79

The order must be (1) “conclusive”; (2) “resolve important questions completely separate from the merits”; and “would render such important questions effectively unreviewable” if an appeal is delayed until after a final judgment.

Question 80

What are two types of Joinders and what rules are they?

Answer 80

Required joinder under FRCP 19 and permissive joinder under FRCP 20. A joinder is required if the court cannot accord complete relief among existing parties without additional joinder; a joinder can be permitted if someone assert any right to relief arising out of the same occurrence; or there exists common question of law or fact.

Question 81

What FRCP governs class action?

Answer 81

Rule 23.

Question 82

What are the requirements under FRCP 23 to certify a class?

Answer 82

numerosity (so numerous that joinder is not practicable), commonality (common questions of law and fact) typicality (typical of the class), adequacy (representatives can protect the interests adequately),

Question 83

Article I

Answer 83

Establishes the legislative branch.

Question 84

Article I, Section 8 (Congress's enumerated powers)

Answer 84

lay and collect taxes, borrow money, regulate interstate and foreign commerce, regulate naturalization, coin money, declare war and make "all laws necessary and proper"

Question 85

What is the "necessary and proper" clause in Article I?

Answer 85

Congress can enact laws that are necessary and proper to be able to execute other enumerated powers.

Question 86

What is a writ of habeas corpus

Answer 86

It's a suit that a detained person can bring to challenge the legality of their detention ("show me the body") It cannot be suspended under Art 1 unless in cases of rebellion or invasion.

Question 87

What does the Commerce Clause under Article 1 regulate?

Answer 87

Congress has power to regulate interstate commerce among states, with foreign nations. and Indian tribes.

Question 88

What's a dormant commerce clause?

Answer 88

States cannot adopt statutes/legislations that would discriminate or unduly burden interstate commerce.

Question 89

Article II (Executive Branch)

Answer 89

Talks about President, VP, Presidential power and responsibilities, impeachment, etc.

Question 90

Article III

Answer 90

Establishes the judiciary; cases and controversy requirement (standing).

Question 91

Article IV

Answer 91

Relationship among the states

Question 92

Privileges and immunities clause of article IV

Answer 92

The Privileges and Immunities Clause (U.S. Constitution, Article IV, Section 2, Clause 1, also known as the Comity Clause) prevents a state from treating citizens of other states in a discriminatory manner.

Question 93

Full faith and credit under Article 4

Answer 93

The full faith and credit definition is the obligation that every state has to recognize and accept other states' public records, judicial proceedings, and legislative act

Question 94

Article V

Answer 94

How to amend the constitution; you need 2/3 of the votes in House/Senate or 2/3 of the legislatures to convene; need 3/4 of the legislatures.

Question 95

Article VI

Answer 95

Supremacy Clause = constitution and federal laws constitute the supreme law of the land. If there is a conflict between state and federal, federal law should control.

Question 96

Article VII - ratification of the constitution

Answer 96

You need 9 out of 13 states to ratify.

Question 97

11th Amendment

Answer 97

states are generally immune from being sued.

Question 98

qualified immunity

Answer 98

government officers with discretionary functions generally have immunity from being sued unless their action violated a clearly established constitutional or statutory right.

Question 99

Baker v. Carr

Answer 99

The U.S. Supreme Court case that held that federal courts could hear cases alleging that a state’s drawing of electoral boundaries, i.e. redistricting, violates the Equal Protection Clause of the Fourteenth Amendment of the Constitution. In so ruling, the Court also reformulated the political question doctrine.

Question 100

Marbury v. Madison

Answer 100

The Court established the power of "judicial review" in that the judiciary has the power to review statutes and find them unconstitutional.

Question 101

McCulloch v. Maryland

Answer 101

The case speaks to Congress's power to pass legislation that is necessary and proper under Article I, which means it has unenumerated powers under the Constitution.

Question 102

Pennoyer v. Neff

Answer 102

The Court held that a state court can only exert personal jurisdiction over a party domiciled out-of-state if that party is served with process while physically present within the state.

Question 103

Lucy v. Zehmer

Answer 103

Undisclosed intention of the parties is immaterial to contract if the written words have but one reasonable meaning (“objective theory of contract formation") - a drunk party/farm sale case.

Question 104

Palsgraf v. Long Island Railroad Co.

Answer 104

Duty of care was not owed to the plaintiff (standing on the platform at the train station and got injured by a scale that fell over from an exploding package) because it was not foreseeable.

Question 105

18 USC 3553a factors

Answer 105

(1) the nature and circumstances of the offense (2) the history and characteristics of the defendant; (3) the need for the sentence imposed to reflect the seriousness of the offense (4) to promote respect for the law, and (5) to provide just punishment for the offense, (6) the need for the sentence imposed to afford adequate deterrence to criminal conduct, (7) the need for the sentence imposed to protect the public from further crimes of the defendant, the need for the sentence imposed to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment, and (8) the need for the sentence imposed to avoid unwarranted sentence disparities

Question 106

US v. Booker

Answer 106

Sentencing guidelines are no longer mandatory but advisory.

Question 107

What is the departure vs. variance?

Answer 107

Variance means the judge would sentence outside of the recommended guidelines range based on the 3553a factors. A departure is a deviation based on a Guideline policy, like Section 5H1.1 (age including youthfulness or “elderly and infirm”) or Section 5H1.4 (physical condition including drug or alcohol abuse).

Question 108

Gall v. United States

Answer 108

The Supreme Court, in a 7-2 ruling, reversed the appellate court and held that, under Booker, federal courts have the authority to set any reasonable sentence as long as they explain their reasoning.

Question 109

When the appellate court reviews question of facts, what is the standard of review?

Answer 109

clear error (if judge); substantial evidence and reasonableness (if jury)

Question 110

When the appellate court reviews a question of law, why is the standard of review?

Answer 110

De Novo

Question 111

What about the mixed question of law and facts?

Answer 111

The court will see if the nature of the question is primarily factual or legal in determining which standards to apply.

Question 112

When does the appellate court use abuse of discretion standard?

Answer 112

Evidentiary rulings; injunctions

Question 113

What is adequate and independent state law grounds?

Answer 113

The Supreme Court will not hear a state case if the state ground is (1) adequate to support the judgment and (2) independent of federal law; see Michigan v. Long

Question 114

Describe the steps you'd go through to interpret a statute

Answer 114

(1) start with the text of the statute; if it's clear and unambiguous, then the inquiry must stop there; (2) if the text is ambiguous, see if there are precedents that describe the terms within the statute; (3) look to the dictionary definition from the time it was adopted; (4) examine persuasive authority; (5) canons of construction; (6) legislative history.

Question 115

Three levels of scrutiny

Answer 115

This is what the court will use in determining constitutionality of government's discrimination. Strict Scrutiny, Intermediate Scrutiny, Rational Basis.

Question 116

strict scrutiny

Answer 116

Must be narrowly tailored to advance the compelling government interest. (exacting standard - no better alternatives exist) applies to race, national origin, fundamental rights

Question 117

Intermediate Scrutiny

Answer 117

Governments action must be substantially related to important government interest.

Question 118

SEC Rule 10b5

Answer 118

Rules the regulate issuers of stock; prohibits insider trading and provides safe harbor; unlawful to deceive in connection with purchase of sale of any security.

Question 119

Adequate and independent state grounds

Answer 119

Standards used by the SC to determine whether to hear a state case. If there is an adequate state procedural grounds; and the decision was made based on the state law.

Question 120

What is a career offender?

Answer 120

Someone who commits a crime of violence or a controlled substance offense who has two prior felony convictions for a crime of violence/controlled substance.

Question 121

Citizens United v. FEC

Answer 121

The freedom of speech clause of the first amendment protects corporations' political campaign spending expenditures.

Question 122

NY times v. Sullivan

Answer 122

To sustain a defamation case, the plaintiff must prove that the defendant published something knowing it's false or reckless in not investigating (with malice).

Question 123

Plenary power of congress?

Answer 123

Over immigration; Commerce Power (power over interstate commerce); regulate foreign trade.

Question 124

What are congress's power under Art I

Answer 124

Enumerated powers under Article I; lay and collect taxes, interstate commerce; then there are implied powers that are necessary to effectuate the powers (under McColloch v. Maryland).

Question 125

Eerie Doctrine

Answer 125

The federal court hearing a diversity jurisdiction cases must apply federal procedural law of the FRCP but must also apply state substantive law. Substantive laws are laws that create and regulate the rights and duties of people.

Question 126

Terry stop standard

Answer 126

reasonable and articulable suspicion

Question 127

Standard for obtaining a warrant

Answer 127

laying out probable cause (a reasonable to believe that a crime has occurred).

Question 128

Brady Motion

Answer 128

Defendant's motion to contest suppression of the evidence by prosecution of evidence favorable to the accused violates due process clause of the 14th Amendment where the evidence is material either to guilt or to punishment irrespective of good faith. The defendant can ask the government to provide all evidence that is exculpatory/favorable to the defense. The evidence at issue must be favorable to the accused, either because it is exculpatory, or because it is impeaching; that evidence must have been suppressed by the State, either willfully or inadvertently; and prejudice must have ensued.

Question 129

Giglio motion

Answer 129

The court held that exculpatory evidence also includes information that can be used to impeach the credibility of prosecution witnesses, including police officers. The defendant can fine a motion compelling this information.

Question 130

Title VI of the Civil Rights Act of 1964

Answer 130

Protects against discrimination based on race by entities that receive federal funding.

Question 131

Title VII of the Civil Rights Act of 1964

Answer 131

Prohibits employment discrimination based on sex, race, religion, color, national origin (private sector and the government). Religious accommodation must show substantially increased cost by employers under Gross v. DeJoy.

Question 132

What is independent state legislature theory?

Answer 132

Moore v. Harper stated that the Election Clause in the Constitution does not confer exclusive right to state legislatures regarding election measures such as congressional map drawing – the state judiciary can still review.