USA BAR EXAM 100% VERIFIED (A+)
Elements of Standing - ANSWER 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
Issue of Ripeness - ANSWER Whether a federal court can grant pre-enforcement review
of a statute or regulation. Courts consider two factors :
(i) Hardship - greater the hardship that will be suffered w/o pre-enforcement review, the
more likely it is the cts 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 - ANSWER (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 Amndmnt - ANSWER 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 does Congress have a police power - ANSWER -Military
-Indian Reservation
-Lands, federal
-District of Columbia
Article 1, Section 8 - ANSWER Necessary and Proper Clause - Congress may adopt all
laws that are necessary and proper to exercise its authority
Under the Commerce Clause, Congress may act in any of the following three instances -
ANSWER -Congress may regulate the channels of interstate commerce
-Congress can regulate the instrumentalities of interstate commerce and persons or
things in interstate commerce
- Congress can regulate economic activities that have a substantial effect on interstate
commerce
10th Amendment - ANSWER 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
Fifteenth Amendment - a restriction on the states and the federal government, in which
neither may deny any citizen the right to vote because of race or color.
Treaties - ANSWER - state laws that conflict with treaties are invalid
- When a treaty conflicts with a federal statute, the one adopted last in time controls
- When a treaty conflicts with the United States Constitution that treaty is invalid.
Executive Agreements - ANSWER - 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 - ANSWER 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 - ANSWER state or local laws are unconstitutional if they
impose an undue burden on interstate commerce
Privileges and Immunities Clause of Article IV - ANSWER No state or municipality may
deny citizens of other states the privileges and immunities it extends to its own citizens
without substantial justification
Privileges and Immunities Clause of the Fourteenth Amendment - ANSWER Used to
, preserve a person's right to travel from one state to another.
Analysis:
Analysis if the law does not discriminate against out-of-staters:
- then the privileges and immunities clause of Article IV does not apply because this is a
provision that only applies if there is discrimination.
If the law burdens interstate commerce, it violates the dormant commerce clause if its
burden on interstate commerce outweighs the benefit of the law.
Possible Analysis if law discriminates against out-of-staters
If the law burden interstate commerce, it does not violate the dormant commerce clause
if necessary to achieve an important government purpose
if the law discriminates against out-of-staters with respect to the right to gain
employment, then it is invalid under Article IV's Privileges and Immunities Clause unless
the discrimination is necessary to achieve an important government purpose. Any
discrimination must affect fundamental rights or substantial economic activities.
Dormant Commerce Clause Exceptions - ANSWER - Congress approves it
- Market Participant Exception. A state or local government may prefer its own citizens
in receiving benefits from government programs or in dealing with government owned
businesses
Rational Basis Test - ANSWER A law is upheld if it is rationally related to a legitimate
interest government purpose.
Intermediate Scrutiny - ANSWER A law will be upheld if it is substantially related to an
important government purpose.
Strict Scrutiny - ANSWER A law will be upheld if the law is necessary to achieve a
Elements of Standing - ANSWER 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
Issue of Ripeness - ANSWER Whether a federal court can grant pre-enforcement review
of a statute or regulation. Courts consider two factors :
(i) Hardship - greater the hardship that will be suffered w/o pre-enforcement review, the
more likely it is the cts 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 - ANSWER (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 Amndmnt - ANSWER 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 does Congress have a police power - ANSWER -Military
-Indian Reservation
-Lands, federal
-District of Columbia
Article 1, Section 8 - ANSWER Necessary and Proper Clause - Congress may adopt all
laws that are necessary and proper to exercise its authority
Under the Commerce Clause, Congress may act in any of the following three instances -
ANSWER -Congress may regulate the channels of interstate commerce
-Congress can regulate the instrumentalities of interstate commerce and persons or
things in interstate commerce
- Congress can regulate economic activities that have a substantial effect on interstate
commerce
10th Amendment - ANSWER 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
Fifteenth Amendment - a restriction on the states and the federal government, in which
neither may deny any citizen the right to vote because of race or color.
Treaties - ANSWER - state laws that conflict with treaties are invalid
- When a treaty conflicts with a federal statute, the one adopted last in time controls
- When a treaty conflicts with the United States Constitution that treaty is invalid.
Executive Agreements - ANSWER - 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 - ANSWER 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 - ANSWER state or local laws are unconstitutional if they
impose an undue burden on interstate commerce
Privileges and Immunities Clause of Article IV - ANSWER No state or municipality may
deny citizens of other states the privileges and immunities it extends to its own citizens
without substantial justification
Privileges and Immunities Clause of the Fourteenth Amendment - ANSWER Used to
, preserve a person's right to travel from one state to another.
Analysis:
Analysis if the law does not discriminate against out-of-staters:
- then the privileges and immunities clause of Article IV does not apply because this is a
provision that only applies if there is discrimination.
If the law burdens interstate commerce, it violates the dormant commerce clause if its
burden on interstate commerce outweighs the benefit of the law.
Possible Analysis if law discriminates against out-of-staters
If the law burden interstate commerce, it does not violate the dormant commerce clause
if necessary to achieve an important government purpose
if the law discriminates against out-of-staters with respect to the right to gain
employment, then it is invalid under Article IV's Privileges and Immunities Clause unless
the discrimination is necessary to achieve an important government purpose. Any
discrimination must affect fundamental rights or substantial economic activities.
Dormant Commerce Clause Exceptions - ANSWER - Congress approves it
- Market Participant Exception. A state or local government may prefer its own citizens
in receiving benefits from government programs or in dealing with government owned
businesses
Rational Basis Test - ANSWER A law is upheld if it is rationally related to a legitimate
interest government purpose.
Intermediate Scrutiny - ANSWER A law will be upheld if it is substantially related to an
important government purpose.
Strict Scrutiny - ANSWER A law will be upheld if the law is necessary to achieve a
