UBE Flashcards
UBE
Justiciability
Concrete interest
Injury
Causation
Redressability
Ripe
Congress Ability to Place Conditions on Spending
If:
For general welfare;
imposed unambiguously;
related to its purpose;
cannot be overly coercive
Dormant Commerce Clause
State or local government may regulate intrastate commerce if Congress has not enacted legislation on that subject
What are Discriminatory Regulations Under the Dormant Commerce Clause?
Regulation that discriminates or puts an undue burden on interstate commerce
When Are Discriminatory Regulations Valid Under the Dormant Commerce Clause?
Narrowly tailored to achieve a legitimate non-protectionist state interest and there are no lesser alternatives; or state is a market participant
Government Action
Traditional public functionality or significant government entanglement
Equal Protection
Protects against discrimination against classes of people
Prohibits laws that are discriminatory on its face, or those that’s applied in a discriminatory manner or with motivation
Level of scrutiny analysis
Regulatory Taking Per Se
Deprives of all possible economic use
Partial Regulatory Taking
Balance:
Economic impact on the plaintiff, extent of interference with investment-backed expectations, and character of government action
Land Use Exaction
Government conditional approval of one’s land use
Essential nexus between state interest and permit condition;
Rough proportionality
Freedom of Religion
Regulations that are designed to interfere with religion must meet strict scrutiny, but laws of general applicability only needs rational basis
Content-Based Restriction
Restricts subject matter or viewpoint and must meet strict scrutiny and be the least restrictive means
Content-Neutral Restriction
Regulate the time, place, and manner of speech, and must meet intermediate scrutiny and leave open alternative channels of communication
Public Forum
Traditionally held open to the public for speech. Strict scrutiny for content-based regulation and intermediate scrutiny for content-neutral regulation
Designated Public Forum
Not a public forum but has been made open for speech. Same as a public forum regulation
Limited Public Forum
Place that has been opened for a limited amount of speech. Must only be reasonable and viewpoint neutral
UCC Article 2
Sale of goods
Common Law Contracts
Services and land contracts
Mixed Contracts
Predominant Purpose of the contract supports which law applies
Offer
Present intent to contract with another party
Acceptance
Assent to offeror a commitment to be bound
Termination of Offer
Rejection by offeror
Revocation by offeree
Lapse of time
Death
Revocation
Offer can be revoked before acceptance. Effective when received.
Option Contract
Promise to keep offer open for a period of time, which is supported by consideration. Makes offer irrevocable for time stated only if consideration is satisfied.
Merchant’s Firm Offer
Offer by a merchant, to buy or sell goods, in a signed writing, giving assurances the offer will be held open for a stated amount of time
Mirror Image Rule
Common law rule that states acceptance must exactly mirror the terms of the offer
Battle of the Forms Between Merchants
Additional terms in the acceptance become part of the contract if:
Both parties are merchants;
No material change;
Offer did not expressly limit acceptance; and
No objection
Consideration
Bargained-for exchange of a promise for a return promise or performance that benefits promisor or causes detriment to the promisee
Exceptions to Consideration
Material benefit
Promissory estoppel
Promise to pay non-legally enforceable debt
