Bar Exam Latest 2023 with Complete and Verified Solutions

Bar Exam Latest 2023 with Complete and Verified Solutions Elements of Standing 1. Injury in fact - (i) requires both a particularized injury that affects the plaintiff in a personal and individual way and (ii) a concrete injury - one that exists in fact 2. Causation and Redressability - Plaintiff must allege and prove that the defendant caused the injury so that a favorable court decision is likely to remedy the harm 3. No Third party Standing - Cannot assert claims of others, of third parties, who are not before the court because plaintiffs must present personally suffered injuries 4. No generalized grievances - Plaintiff must not be suing solely as a citizen or as a taxpayer interested in having the gov't follow the law Ripeness Question of whether a federal court may grant pre-enforcement review of a statute or regulation. Courts consider two factors: (i) Hardship - greater the hardship that will be suffered without pre-enforcement review, the more likely it is the court will hear the matter (ii) Fitness of the Issues and the Record - Does the federal court have before it all the issues it needs to decide the matter? Is there any reason the federal court would be better served by waiting? Exceptions to Mootness Requirement (i) the wrong is capable of repetition but evades review because of its inherently limited time duration (ii) voluntary cessation (iii) class action suits 11th Amndmt Bars suits against state governments in federal court. That is, state governments generally cannot be named as defendants in federal court cases whether the citizen is from the state or a different state and whether the lawsuit is for money or an injunction. Exceptions: Waiver, Section 5 of the 14th Amendment, Federal Gov't can sue state governments, bankruptcy proceedings Where Congress has a police power -Military -Indian Reservation -Lands, federal -District of Columbia Article 1, Section 8 Necessary and Proper Clause - Congress can adopt all laws that are necessary and proper to exercise its authority Congress can act under the Commerce Clause in any of the following three situations -Congress may regulate the channels of interstate commerce -Congress may regulate the instrumentalities of interstate commerce and persons or things in interstate commerce - Congress may regulate economic activities that have a substantial effect on interstate commerce 10th Amendment All powers not granted to the US, nor prohibited to the States, are reserved to the states. Three principles: -Congress cannot compel state regulatory or legislative action -Congress may prohibit harmful commercial activity by state governments -The Fifteenth Amendment is a limitation on both the states and the federal government by prohibiting them from denying any citizen the right to vote based on race or color. Treaties - State laws that conflict with treaties are invalid - If a treaty conflicts with a federal statute, the one adopted last in time controls - If a treaty conflicts with the United States Constitution, that treaty is invalid. Executive Agreements - Can be used for any purpose - Prevail over conflicting state laws, but never over conflicting federal laws or the Constitution Article VI of the Constitution Supremacy Clause - the Const. and the laws and treaties made pursuant to it are the supreme law of the land. Valid federal law overrides or preempts inconsistent state law. Dormant Commerce Clause state or local laws are unconstitutional if they place an excessive burden on interstate commerce Privileges and Immunities Clause of Article IV No state or municipality