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Due to budget shortages and a critical need of funding to fi…
Due to budget shortages and a critical need of funding to fight a war, Congress enacted a $25 tax on each person flying into an airport in the five most popular vacation destinations in the country, as determined by Congress. The tax was implemented, and officials in the five destinations were outraged, fearing that the number of vacationers to the taxed destinations would decrease due to the tax. If the tax is challenged in federal court by an official with standing, is the most likely result that the tax will be held constitutional?
A car collector bought a car with gold leaf paint from a man…
A car collector bought a car with gold leaf paint from a manufacturer. During the first month, all the gold leaf paint peeled off. The collector sued the manufacturer, and during discovery served an interrogatory asking the manufacturer to identify all other purchasers of the gold leaf paint over the previous 10 years. The manufacturer was aware that only about 25 of the 2 million buyers of its cars have ordered the gold leaf option. The manufacturer has retained copies of all sales forms, but has not maintained separate files of the buyers of each particular option. In a court using the federal rules, what are the manufacturer’s obligations with respect to the collector’s interrogatory?
A farmer orally agreed to lease a tractor from a company for…
A farmer orally agreed to lease a tractor from a company for $500. However, when the company’s secretary put the agreement into writing she accidentally typed in a charge of $300. Both the company and the farmer signed the contract without noticing the mistake in the price. When it came time for payment, the farmer refused to pay more than $300 for the rental of the tractor. If the company brings an action for the difference between the payment as orally agreed and as memorialized in the contract, which of the following, if proven, would most benefit the company?
A civilian contract employee working for the United States A…
A civilian contract employee working for the United States Army was suspected of copying classified army documents onto a flash drive and selling the files to foreign governments. After a short investigation, the employee was arrested by military police. The employee was brought before a court martial, convicted of espionage, and sentenced by the court to 20 years’ hard labor. The employee appeals his conviction and sentence on constitutional grounds. How should the court rule?
A citizen of State A asserted a state law claim of $80,000 a…
A citizen of State A asserted a state law claim of $80,000 against a citizen of State B in the federal district court. The State B citizen then brought a third-party impleader claim against another citizen of State B. After learning of the third-party action, the State A citizen decided to bring his own related state law claim against that person for $90,000, and amends his original complaint accordingly within the period for amending a claim as a matter of right. Does the court have subject matter jurisdiction over the claim in the amended complaint?
List the 3 major components of the Diencephelon
List the 3 major components of the Diencephelon
Which of the following brain waves would you expect to find…
Which of the following brain waves would you expect to find in an individual experiencing deep sleep?
A state’s civil procedure rules allow for “nail and mail” se…
A state’s civil procedure rules allow for “nail and mail” service (posting the summons at the defendant’s dwelling and thereafter mailing him a copy by certified mail) when “regular” service (service by physical delivery or by leaving a copy of the complaint with someone of suitable age and discretion at the defendant’s usual place of abode) cannot be accomplished with due diligence. A plaintiff brought suit against a defendant in the federal district court for that state. After the plaintiff’s special process server made many attempts at serving the defendant, the plaintiff’s attorney directed the process server to nail the complaint and summons to the defendant’s front door, and the attorney mailed (by certified mail) a copy to the defendant in accordance with the state rule. Has the defendant been properly served?
The mayor of a town received several complaints from residen…
The mayor of a town received several complaints from residents regarding the growing number of adult theaters and nude dancing establishments in a nearby town. To allay fears, the mayor asked the town’s attorney what could be done to prevent or at least limit such establishments from setting up business in their town, which currently follows a zoning plan that provides for residential, commercial, and light industrial uses. Which of the following most correctly describes the town’s constitutional options?