UBE

Question 1

Justiciability

Answer 1

Concrete interest
Injury
Causation
Redressability
Ripe

Question 2

Congress Ability to Place Conditions on Spending

Answer 2

If:
For general welfare;
imposed unambiguously;
related to its purpose;
cannot be overly coercive

Question 3

Dormant Commerce Clause

Answer 3

State or local government may regulate intrastate commerce if Congress has not enacted legislation on that subject

Question 4

What are Discriminatory Regulations Under the Dormant Commerce Clause?

Answer 4

Regulation that discriminates or puts an undue burden on interstate commerce

Question 5

When Are Discriminatory Regulations Valid Under the Dormant Commerce Clause?

Answer 5

Narrowly tailored to achieve a legitimate non-protectionist state interest and there are no lesser alternatives; or state is a market participant

Question 6

Government Action

Answer 6

Traditional public functionality or significant government entanglement

Question 7

Equal Protection

Answer 7

Protects against discrimination against classes of people

Prohibits laws that are discriminatory on its face, or those that’s applied in a discriminatory manner or with motivation

Level of scrutiny analysis

Question 8

Regulatory Taking Per Se

Answer 8

Deprives of all possible economic use

Question 9

Partial Regulatory Taking

Answer 9

Balance:

Economic impact on the plaintiff, extent of interference with investment-backed expectations, and character of government action

Question 10

Land Use Exaction

Answer 10

Government conditional approval of one’s land use

Essential nexus between state interest and permit condition;

Rough proportionality

Question 11

Freedom of Religion

Answer 11

Regulations that are designed to interfere with religion must meet strict scrutiny, but laws of general applicability only needs rational basis

Question 12

Content-Based Restriction

Answer 12

Restricts subject matter or viewpoint and must meet strict scrutiny and be the least restrictive means

Question 13

Content-Neutral Restriction

Answer 13

Regulate the time, place, and manner of speech, and must meet intermediate scrutiny and leave open alternative channels of communication

Question 14

Public Forum

Answer 14

Traditionally held open to the public for speech. Strict scrutiny for content-based regulation and intermediate scrutiny for content-neutral regulation

Question 15

Designated Public Forum

Answer 15

Not a public forum but has been made open for speech. Same as a public forum regulation

Question 16

Limited Public Forum

Answer 16

Place that has been opened for a limited amount of speech. Must only be reasonable and viewpoint neutral

Question 17

UCC Article 2

Answer 17

Sale of goods

Question 18

Common Law Contracts

Answer 18

Services and land contracts

Question 19

Mixed Contracts

Answer 19

Predominant Purpose of the contract supports which law applies

Question 20

Offer

Answer 20

Present intent to contract with another party

Question 21

Acceptance

Answer 21

Assent to offeror a commitment to be bound

Question 22

Termination of Offer

Answer 22

Rejection by offeror
Revocation by offeree
Lapse of time
Death

Question 23

Revocation

Answer 23

Offer can be revoked before acceptance. Effective when received.

Question 24

Option Contract

Answer 24

Promise to keep offer open for a period of time, which is supported by consideration. Makes offer irrevocable for time stated only if consideration is satisfied.

Question 25

Merchant’s Firm Offer

Answer 25

Offer by a merchant, to buy or sell goods, in a signed writing, giving assurances the offer will be held open for a stated amount of time

Question 26

Mirror Image Rule

Answer 26

Common law rule that states acceptance must exactly mirror the terms of the offer

Question 27

Battle of the Forms Between Merchants

Answer 27

Additional terms in the acceptance become part of the contract if:

Both parties are merchants;
No material change;
Offer did not expressly limit acceptance; and
No objection

Question 28

Consideration

Answer 28

Bargained-for exchange of a promise for a return promise or performance that benefits promisor or causes detriment to the promisee

Question 29

Exceptions to Consideration

Answer 29

Material benefit
Promissory estoppel
Promise to pay non-legally enforceable debt