Congress passed legislation banning the hunting of snipe birds within the United States. The range of the snipe is quite limited; they are found primarily in only one state, although they migrate annually to several nearby states. Hunters from throughout the United States have traditionally traveled to the snipe’s home state during snipe hunting season, bringing considerable revenue into the state. A state statute allows hunting of snipe during a two-week period in November and charges a $50 license fee for state residents and a $250 fee for hunters from other states. The bag limit is one snipe bird per licensed hunter.  Is the state statute allowing snipe hunting valid?

A pedestrian was injured in an auto accident caused by a driver. The pedestrian’s injuries included a broken nose and a broken toe. Not sure of the strength of her case, she sued the driver only for the injuries to her nose. She was awarded $15,000 in damages. Encouraged by this success, she now wishes to sue the driver for the injuries to her toe.  May she sue the driver again?

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?

Two men were arrested while riding in a stolen automobile. They were taken to the police station, booked, and fingerprinted. They were then taken to an interrogation room. After the detective gave them their Miranda warnings, one of the men said, “Forget it. As soon as you check for outstanding warrants, you’ll find out that I escaped from prison. Since I am going back anyway, it’s a farce to deny that we stole that car.” The other man said nothing, and the first man proceeded to write and sign a full confession.  The man who remained silent pled not guilty to the charge of grand theft auto. At his trial the prosecutor seeks to introduce evidence to show that he did not deny that he stole the automobile when the other man told the police in front of him that he was a party to the theft. Should the court hold that this evidence is proper?

Congress adopted legislation prohibiting the federal courts from ordering busing as a remedy for past racial discrimination in a public school district. Which of the following is the strongest argument that the federal legislation is unconstitutional?

A landowner invited some friends, including his neighbor, to a party in his backyard. All the friends showed up, except for the neighbor. That evening, a guest produced and lit a large skyrocket. The skyrocket failed to climb properly and crashed into the neighbor’s garage, burning the garage to the ground. A local ordinance made it a misdemeanor to sell fireworks within the city limits.  If the neighbor sues the landowner for the damage to his garage in a jurisdiction that applies the traditional liability rules for landowners and possessors of land, on which theory is he most likely to prevail?

A woman was the subject of a murder investigation. The investigation continued for more than two years, with the woman frequently being called in for questioning. Finally, the woman was indicted for the murder. The woman’s lawyer filed a motion to dismiss all charges against her, arguing that the excessively long investigatory period violated the woman’s constitutional right to a speedy trial.  Despite the pending motion, the woman decided that she wanted to “get it over with,” and she told the judge that she wished to plead guilty. The judge then explained the charges to the woman and asked her if she understood them. She replied, “Yes.” The judge then asked the woman if she understood that she was not required to plead guilty. She responded in the affirmative. Finally, the judge described the maximum sentence and asked the woman if she understood that she could receive the maximum sentence, which was life imprisonment. She again responded, “Yes,” and maintained that she still wished to plead guilty. The judge accepted the woman’s plea and sentenced her to 30 years’ imprisonment in the state penitentiary. Six months later, the woman filed a motion to set aside the guilty plea. Which of the following provides the best argument that the woman has a constitutional basis for relief?

On February 1, the owner of a bowling alley read in a magazine an ad from a major manufacturer of bowling balls offering sets of 40 balls in various weights and drilled in various sizes for $10 per ball. The owner immediately filled out the order form included in the ad for the 40 balls and deposited it, properly stamped and addressed, into the mail. On February 2, the bowling alley owner received in the mail a letter from the manufacturer, sent out as part of its advertising campaign, stating in relevant part that it will sell the bowling alley owner 40 bowling balls at $10 per ball. A day later, on February 3, the manufacturer received the bowling alley owner’s order. On February 4, the balls were shipped.  On what day did an enforceable contract arise?

A seller owned a two-acre tract of land, on which he built a single-family residence. The seller entered into a contract to sell the land to a buyer for $200,000. One week before closing, the buyer had a survey of the property conducted. It revealed that a portion of the seller’s house was 5.98 feet from the sideline. The applicable zoning ordinance requires a six-foot sideline setback. The buyer refused to go ahead with the purchase of the land on the ground that the seller’s title was not marketable.  If the seller brings suit against the buyer for specific performance, will he prevail?

A husband and wife were charged with stealing credit cards and charging expensive items on the misappropriated cards. An attorney was appointed by the court to represent the couple jointly. At the preliminary hearing, the judge found that the attorney would have no conflict representing both defendants in the joint trial. Halfway through the trial, however, a conflict arose between the defenses of the husband and wife. At the wife’s request, the attorney moved that another attorney be appointed to represent the wife and that a mistrial be declared. The trial judge moved favorably on the attorney’s motion.  Another attorney was appointed to represent the wife, and as soon as the wife’s trial began, her attorney moved to dismiss the case on the ground that jeopardy had attached during the wife’s first trial and that she was being retried in violation of the United States Constitution. Should the judge grant the wife’s attorney’s motion?