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Commerce Clause
- Congress has plenary power to regulate interstate and foreign commerce.
- Limited to rational relation to regulations on:
- 1) Channels,
- 2) Instrumentaties, AND
- 3) Any person, thing, or activity w/ substantial affects on interstate commerce
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Advisory Opinions
May not be issued by federals courts.
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Due Process requires a Prior Evidentiary Hearing...
- Determined by weighing:
- 1) the importance of the individual rights involved,
- 2) the value of specific procedural safeguards to that interest, AND
- 3) the governmental interest in efficiency.
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Surety Agreement
- Agreement to answer the debts of another.
- Subject to S/F UNLESS main purpose is to benefit self.
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Delivery of Deed
- Rebuttable resumption of delivery if:
- 1) Lawful Execution, AND
- 2) Intent
- Physical delivery not req'd
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Constitutional Test for Personal Jurisdiction
My Parents Frequently Forgot to Read Children's Stories
- Minimum Contacts
- Purposeful Availment
- Foreseeability
- Fair Play and Substantial Justice
- Relatedness of Contact and Claim
- Convenience
- State's Interest
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Forms of Impeachment
- Prior Inconsistent Statements - EE ADM W opp
- Bias
- Prior Criminal Convictions - Truthfulness ADM, Misd INADM, Fel ADM subj to bal
- Prior Bad Acts - EE INADM
- Reputation or Opinions - EE ADM
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Class Actions
- Commonality
- Adequate and Fair Representation
- Numerosity
- Typicality
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Res Judicata
- Reqs:
- Valid and Final Judgement
- On the Merits
- Same Party
- Same Claim
- Was actually litigated
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Ad Valorem Tax
A property tax based on a percentage of the assessed value of the property.
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State Taxation on Interstate Commerce
- Discriminatory state taxes prohibited unless authorized by Congress.
- Non-discriminatory state taxes on allowed if:
- 1) taxed activity has substantial nexus to the state,
- 2) tax is fairly apportioned, AND
- 3) tax is fairly related to services/benefits provided by state.
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Property Clause
Congress has power to dispose of and make rules for property and territories belonging to the US.
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