Exam (elaborations)
UBE BAR EXAM PAPER WITH SOLUTIONS 2024/2025
- Course
- UBE Bar
- Institution
- New York University
UBE BAR EXAM PAPER WITH SOLUTIONS 2024/2025
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UBE BAR EXAM PAPER WITHSOLUTIONS 2024/2025
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
Ripeness Answer: 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 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 Amndmt 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 Congress has a police power Answer: -Military
-Indian Reservation
-Lands, federal
-District of Columbia
Article 1, Section 8 Answer: 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 Answer: -
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 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
-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 Answer: - 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 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 place an
excessive 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 affords 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 benefits of the law.
Analysis if the law discriminates against out-of-staters
-if the law burden interstate commerce, it violates the dormant commerce clause unless it is necessary
to achieve an important government purpose
-if the law discriminates against out-of-staters with regard to their ability to earn a living, it violates the
privileges and immunities clause of Article IV unless it is necessary to achieve an important government
purpose. Discrimination must be with regard to fundamental rights or important 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.
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