Thursday Deck Flashcards
A state may ban all write-in candidates in both primary and general elections if _______________.
A state may ban all write-in candidates in both primary and general elections if the state provides reasonable means by which a candidate can get on the ballot.
Under Article __, Section __ of the ______ Clause, a state is prohibited from coining money or making anything but gold and silver coin a tender in payment of debts.
Under Article I, Section 10 of the Supremacy Clause, a state is prohibited from coining money or making anything but gold and silver coin a tender in payment of debts.
A __________________ is a legislative act that declares a person or group of persons guilty of some crime and punishes them without a trial.
A bill of attainder is a legislative act that declares a person or group of persons guilty of some crime and punishes them without a trial.
The Dormant Commerce Clause (does / does not) prohibit a local government from indirectly regulating interstate commerce. The clause only requires that such regulation not discriminate against out-of-state commerce, unduly burden interstate commerce, or deal only with extraterritorial activity.
The Dormant Commerce Clause does not prohibit a local government from indirectly regulating interstate commerce. The clause only requires that such regulation not discriminate against out-of-state commerce, unduly burden interstate commerce, or deal only with extraterritorial activity.
A court will have personal jurisdiction over the defendant where 1) the defendant is _____________ in the state, 2) the defendant is ________ while ________________in the state (unless he was only there to answer a summons or because of force or fraud), 3) the defendant _____________, 4) the defendant _________________ the requirement, or 5) failing all traditional bases, where a state long-arm statute provides for personal jurisdiction where there are ________________________ contacts between the defendant and the forum state.
A court will have personal jurisdiction over the defendant where 1) the defendant is domiciled in the state, 2) the defendant is serviced while physically present in the state (unless he was only there to answer a summons or because of force or fraud), 3) the defendant consents, 4) the defendant waives the requirement, or 5) failing all traditional bases, where a state long-arm statute provides for personal jurisdiction where there are sufficient minimum contacts between the defendant and the forum state. The issue is whether there is statutory or judicial authorization of personal jurisdiction over the out-of-state defendant and, if so, whether doing so violates the Due Process Clause.
“Sufficient minimum contacts” between the state 1) requires _________ or ___________ jurisdiction, and 2) requires, under the Due Process Clause, that the exercise of personal jurisdiction does not _____________________________________________.
“Sufficient minimum contacts” between the state 1) requires general or specific jurisdiction, and 2) requires, under the Due Process Clause, that the exercise of personal jurisdiction does not offend traditional notions of fair play and substantial justice.
Diversity jurisdiction is met if any ______ adverse claimants are citizens of different states.
Diversity jurisdiction is met if any two adverse claimants are citizens of different states.
In a statutory interpleader action, the property at issue must ___________ or more in value.
In a statutory interpleader action, the property at issue must $500 or more in value.
If a motion for summary judgment is properly made and supported, then an opposing party ________ rely merely on allegations or denials in her own pleading to successfully fend off the judgment.
If a motion for summary judgment is properly made and supported, then an opposing party may not rely merely on allegations or denials in her own pleading to successfully fend off the judgment.
The notice of appeal required in a civil case must be filed with the district clerk within ___ days after the judgment or order appealed from is entered.
The notice of appeal required in a civil case must be filed with the district clerk within 30 days after the judgment or order appealed from is entered.
The notice of appeal required in a civil case must be filed with the district clerk within 30 days after __________________________________.
The notice of appeal required in a civil case must be filed with the district clerk within 30 days after the judgment or order appealed from is entered.
Under the ________________ rule, when a party performs an unrequested service for another party that constitutes a _______________, the modern trend permits the performing party to enforce a promise of payment made by the other party after the service is rendered, even though, at common law, such a promise would be unenforceable due to lack of consideration.
Under the material benefit rule, when a party performs an unrequested service for another party that constitutes a material benefit, the modern trend permits the performing party to enforce a promise of payment made by the other party after the service is rendered, even though, at common law, such a promise would be unenforceable due to lack of consideration.
Under the material benefit rule, when a party performs an unrequested service for another party that constitutes a material benefit, the modern trend permits the performing party to _____________ a promise of payment made by the other party _______________ the service is rendered, even though, at common law, such a promise would be unenforceable due to lack of _______________.
Under the material benefit rule, when a party performs an unrequested service for another party that constitutes a material benefit, the modern trend permits the performing party to enforce a promise of payment made by the other party after the service is rendered, even though, at common law, such a promise would be unenforceable due to lack of consideration.
Promises that lack consideration may still be enforced under the doctrine of promissory estoppel if 1) the promisor should reasonably expect _________________________________ from the promisee, 2) the promise does _________________________to the promisee’s ______________, and 3) injustice ___________________________________. The remedy may be _________________ as justice requires.
Promises that lack consideration may still be enforced under the doctrine of promissory estoppel if 1) the promisor should reasonably expect the promise to induce action or forbearance from the promisee, 2) the promise does induce such action or forbearance to the promisee’s detriment, and 3) injustice can only be avoided by enforcement of the promise. The remedy may be limited as justice requires.
Quasi-contracts are contracts that lack consideration. They may be enforced to avoid unfair results if 1) the plaintiff conferred a ______________________ on the defendant, 2) the plaintiff _______________________ to get paid, and 3) it would be _________________ to let the defendant keep the benefit without paying.
Quasi-contracts are contracts that lack consideration. They may be enforced to avoid unfair results if 1) the plaintiff conferred a measurable benefit on the defendant, 2) the plaintiff reasonably expected to get paid, and 3) it would be unfair to let the defendant keep the benefit without paying.
