Constitutional Law
What provision was struck down in Marbury v Madison and what was the significance of this striking.
s.13 of Judiciary Act of 1789, which gave the court original JDX to issue writs of mandamus. Court said outside scope of its JDX + struck law down as unconstitutional.
What was the holding of Leonard v Pepsico?
-Ad is not an offer merely by a potential offeree's expression of willingness to accept
-If reasonable and objective person would find offer was joke -> not a binding offer
Explain the distinction between lost and mislaid property?
Mislaid -> Property intentionally placed by owner to come back for later. Landowner has best property right, bar the true owner. Terry v Lock.
Lost -> Property was parted with by mistake or carelessness. Finder has rights against all but true owner. Hendle v Stevens.
What is the Youngstown Tripartite Framework illuminated by Justice Jackson?
1. Maximum authority -> Acting w Congressional Approval
2. Zone of Twilight -> Congress is silent on the issue
3. Lowest Ebb -> President's actions conflict with Congress
Explain the political function exception for differing treatment of aliens as outlined in Bernal v Fainter.
Art. I, S. 8
What does ss. 2-207(2) of the UCC outline?
Additional terms will be construed as proposals for additional to contract. BUT, if merchant will become part of the contract unless the terms admonish, alter, or reject another part of the contract.
What is distinction in holdings between Sloop and Gagne for the Statute of Frauds.
Sloop -> Can use external documents to satisfy SoF for property description. Loose Approach.
Gagne -> The written document must identify the property sufficiently by itself, can't use external documents. Strict Approach.
Which case established intermediate scrutiny officially?
Craig v Boren
What is the Key rule from Stewart v Newbury?
Work must be substantially/ fully performed before payment can be demanded.
What is the key rule from Printz v US?
Fed gov can't command state or local executive officers to implement or administer a federal regulatory program, even if the program is easy, temporary, or common sense.
What is the holding of Tribe v Peterson?
What is the only unity of the four present in a Tenancy in Common? Explain why this is the case.
Unity of Possession. This is because ownership is proportional to amount paid, and ownership can be transferred to another without affecting offer owner's property rights.
Explain the rule in Shelly's case. Why is it problematic.
Can mean that original property owner's intentions can be defeated by grantee.
What is the unconscionability test set forth in Gulfco of Louisiana v Brantly?
An act is unconscionable if it affronts the sense of justice, decency, and reasonableness. This is examined by looking at:
-The totality of circumstances
-The inequality of bargaining power
-The comprehension of the provision
-Knowledge as to whether the party will perform.
What is the rational basis with bite test.
State must show:
-A substantial state interest rationally related to its action.
-BUT, the interest cannot be based on irrational prejudice or a bare congressional desire to harm a politically unpopular group.
What does ss. 356(1) of the Restatement (Second) Outline?
That damages in an agreement may be liquidated in provision, but only to amount that is reasonable in light of anticipated or actual losses. If unreasonable -> unenforceable.
Explain executory interests.
Divests another estate of their property rights, in accordance with conditions outlined by a previous owner. Such interest can be:
Shifting -> Goes directly from current possessor to new possessor
Springing -> Reverts to original owner or their estate before going to executory interest holder.
Explain the difference between Impossibility, Frustration of Purpose, and Impracticality?
Impossibility -> Supervening event renders performance completely impossible.
Frustration of Purpose -> Supervening event doesn't render performance impossible, but affects the value of it, so much that it frustrates the purpose.
Impracticality -> Supervening event doesn't render performance impossible, but places unexpected and excessive burden on one party.
Explain what an equitable servitude is
An equitable servitude arises from written contract, but implied by courts where the requirements to establish a real covenant fails. Often used in situations where it would be unfair to allow clear ignorance of evidence.
Explain why Obergefell v Hodges was not analysed under the Equal Protection Clause.
The court decided the case under the Due Process Clause because the EPC has a doctrinal limitation of only protecting "protected classes" recognised by the court. Because sexual orientation has not been classified by the court, it cannot be properly analysed by the court, but mentioned it because the fundamental right to marriage is found under both as per Loving v Virginia.
What is the holding from B. Lewis Productions v Maya Angelou?
Even if a contract has uncertain terms, parties are bound by an implied duty of good faith and fair dealing, requiring reasonable efforts to perform the agreement.
What must be shown to get a zoning variance?
-Variance is reasonable in unique circumstances
-Hardship without it
-Within spirit of ordinance
Substantial justice shall be done (in Public Interest)
What was the key rule from Zadvydas v Davis (2001)?
Although the federal govern need only have a rational basis for discriminating on the basis of alienage -> the indefinite detention of an alien for national security does not pass rational basis.
Explain the Rule Against Perpetuities
-No interest is good unless it must vest, if at all, not later than 21 years after some life in being at the creation of the interest.
-It must vest within the 21 year window after the death of the measuring life -> even the potential that it wouldn't will mean that the grant violates the rule.