Bar Prep Final

Establishment Clause

Congress shall make no law respecting the establishment of religion

Content Based Regulation

Content based regulation must pass strict scrutiny meaning it must be necessary to achieve a compelling government interest and it must be narrowly tailored to meet that interest. Exception - Unprotected Speech

Mirror Image rule

ONLy applies in common law Acceptance must mirror offer

Non-Public Forum

Offices, schools, jails, airports and military bases

Public Forums: The government may impose reasonable time place and manner restrictions on

Protected speech provided the restrictions are 1) Content neutral as to both subject matter and viewpoint 2) Narrowly tailored to serve a significant government interest and 3) leave open ample channels for communications of the information

Public Forum restrictions

on speech in a public forum must be both content neutral and view-point neutral

A retailer received a written firm offer signed by a supplier. The offer committed the supplier to providing the retailer with up to 10,000 tubes of toothpaste over the next 45 days at $1 a tube. Thirty days later, the supplier informed the retailer that the price per tube of toothpaste would be $1.10. The next day the retailer ordered 6,000 tubes of toothpaste from the supplier, which the supplier promptly shipped. Sixty days after the receipt of the offer, the retailer ordered another 4,000 tubes of toothpaste, which the supplier also promptly shipped. What price is the supplier permitted to charge the retailer for the toothpaste?

$10,400 ((6,000 * $1) + (4,000 * $1.10)), because the supplier's firm offer was effective for only 45 days.

A wholesaler of bicycle chains sent a retailer the following fax on December 1: "Because of your continued loyalty as a customer, I am prepared to sell you up to 1,000 units of Bicycle Chain Model D at $7.50 per unit, a 25% discount off our original $10.00 price. This offer will remain open for 7 days." The fax was not signed, but was on the wholesaler's letterhead and had been initialed by the wholesaler's head of sales. On December 4, the wholesaler's head of sales called the retailer and informed the retailer that he had decided to revoke his December 1 offer. On December 5, the retailer placed an order for 1,000 bicycle chains, stating that he would pay the discounted price of $7.50 per unit. What is the correct value of the order placed by the retailer?

$7,500, because the wholesaler was bound to keep the offer open for 7 days.

Government may impose reasonable time, place and manner restrictions on protected speech in a public forum if those restrictions are

1) Content neutral to both subject matter and viewpoint 2) Narrowly tailored to serve a significant government interest and 3) Leave open alternative channels for communications of the information

Unprotected Speech - Reviewed under rational basis

1) Inciting illegal activity 2) Fighting words 3) Obscenity 4) Child Pornography 5) Defamation 6) Private Figure

A government action benefits religion IF

1) It has a secular purpose 2) Its primary effect neither advances nor inhibits religion and 3) It does not result in excessive government entanglement with religion

Promissory Estoppel

1) Reasonable expectation for promise to induce detrimental reliance 2) Promise actually does induce such reliance 3) Failure to enforce promise will cause injustice

Firm Offer (UCC - Goods) offer to buy/seel goods is irrevocable IF

1) The offeror is a merchant 2) Assurance to keep the offer open by the merchant in writing 3) Offer cannot remain open for more than 90 days without consideration

Non-Public Forums: the government may regulate speech related activities in non-public forums as long as the regulation is

1) Viewpoint neutral and 2) Reasonably related to a legitimate government interest

Nonpublic Forum

Any public property that is not a traditional or designated public forum, such as a government office, school, jail and military base. The government may regulate speech-related activities in nonpublic forums as long as the restriction is viewpoint neutral and reasonably related to a legitimate government interest.

A state highway administration, acting pursuant to statutory authorization by the state legislature, has promulgated rules for large electronic billboards located along roads maintained by the state. These rules are concerned with the potential for driver distraction and the ensuing adverse consequences for highway safety. Among the rules is one that bans the graphic display of violence. The producer of a movie wants to promote the movie through a short clip from the movie on billboards subject to this rule. The clip contains a graphic display of violence. The producer has filed an action in the appropriate federal court challenging the state highway administration's rule as a violation of the First Amendment as applicable to the states through the Fourteenth Amendment. Of the following standards, by which should the state highway administration's rule be judged?

As a content regulation, it must be necessary to achieve a compelling governmental interest

A state highway administration, acting pursuant to statutory authorization by the state legislature, has promulgated rules for large electronic billboards located along roads maintained by the state. These rules are concerned with the potential for driver distraction and the ensuing adverse consequences for highway safety. Among the rules is one that bans the graphic display of violence. The producer of a movie wants to promote the movie through a short clip from the movie on billboards subject to this rule. The clip contains a graphic display of violence. The producer has filed an action in the appropriate federal court challenging the state highway administration's rule as a violation of the First Amendment as applicable to the states through the Fourteenth Amendment. which standard should the state highway administration's rule be judged?

Content Regulation - it must be necessary to achieve a compelling government interest Although viewpoint neutral, the rule is a content based regulation of speech because it prohibits the graphic display of violence. Strict Scrutiny applies and the rule must be necessary to achieve a compelling governmental interest.

Concerned with the proliferation of signs about upcoming events and the failure to remove those signs after the event, a city enacted an ordinance that limited the number of such signs that could be displayed on public property and set a time period before and after an event during which signs about that event could be displayed. A social organization wants to display signs about its monthly dinner, which is held to attract new members, in greater number and for a longer period than permitted by the ordinance. The organization has filed a lawsuit, challenging the constitutionality of the ordinance. Of the following, by which standard will this ordinance be judged?

It must be the least restrictive means for accomplishing a compelling governmental interest.

time, place, and manner restrictions

Law must be narrowly tailored to further a significant government interest and leave open ample alternative channels of communication

Rational Basis

Law must be rationally related to a legitimate government interest The challenger has the burden of proof as the law is considered valid

Intermediate Scrutiny

Law must be substantially related to a legitimate government interest Burden is on the government to show that the statute is related to a legitimate government interest Gender, non-marital child status, commercial speech, content neutral regulation

A city permitted the use of an auditorium in a city-owned building as a place of public debate and discussion. Anyone who wanted to use the auditorium for that purpose was required to reserve a specific time with a designated administrator, who was required to grant the request, subject to availability. A group of young lawyers who specialized in human rights law sought to use the auditorium to debate with members of the community about human rights violations by the U.S. military. Due to the heated controversy regarding this issue and the large number of military veterans in the city, the administrator, fearing the potential for violence, denied the group's request. The administrator pointed out that there were other city facilities in which the debate could be held. Is the administrator's denial likely to withstand a constitutional challenge by the lawyers' group?

No because the denial was content based In a public forum, the government may impose reasonable time, place, and manner of protected speech provided that the restrictions are 1) Content neutral to both subject matter and viewpoint 2) are narrowly tailored to serve a significant government interest and 3) Leave open ample alternative channels for communication of the information

Many citizens are concerned that large contributions by special interest groups and corporations to local politicians' campaigns and recent state constitutional referendums have undermined the state's democratic process. To reduce the danger of corruption and the imbalance in the presentation of arguments posed by excessive contributions, the State legislature passed a law limiting corporate and institutional donors' contributions to candidates and ballot measures to $500. Is the state law constitutional?

No, because a law may not limit the contributions to ballot measures.

Many citizens are concerned that large contributions by special interest groups and corporations to local politicians' campaigns and recent state constitutional referendums have undermined the state's democratic process. To reduce the danger of corruption and the imbalance in the presentation of arguments posed by excessive contributions, the State legislature passed a law limiting corporate and institutional donors' contributions to candidates and ballot measures to $500. Is the state law constitutional?

No, because a law may not limit the contributions to ballot measures. Statutes limiting campaign contributions are subject to intermediate scrutiny

Last year, Congress enacted legislation providing for funding opportunities to eligible secular and religiously affiliated colleges and universities. The funding will be available through individual counties as each county's funding limitations allow. The legislation does not require that each county apply standard guidelines nor does it provide any suggested guidelines other than a statement that "all counties should track funding and compile guidelines in the event of a federal audit." A county awards a large grant to a religiously affiliated college that employs a substantial number of residents. The grant contract, signed by representatives from both the county and the college, states as follows: "All grant monies must be used in compliance with county regulations. Further, the college must track the allocation of grant monies throughout the grant term." Is the county's award of the grant constitutional?

No, because it does not require that the aid be used only for nonreligious purposes.

A public middle school principal requested the services of a clergy member in the school's graduation ceremony. The principal asked the clergy member to deliver a prayer at the beginning of the ceremony. A parent of one of the middle school children learned that the prayer would take place at the ceremony and immediately filed an injunction, claiming the prayer would be unconstitutional. Is the prayer constitutional?

No, because it violates the Establishment Clause of the Constitution.

As part of a woman's religion, she was required to burn a small amount of holy oil in an urn before consuming a meal. Although she was able to burn the holy oil before breakfast and dinner at home, she needed to conduct this ritual at work before her lunch break. The woman's supervisor asked her to burn the holy oil outside, but because she had several other religious accoutrements that she needed to use in conjunction with the ritual, she insisted on burning the oil in her cubicle. In addition, the woman stated that she had a flame snuffer in order to ensure that the fire did not pose a danger. A state fire statute prohibits any open fires in public buildings because they present a fire hazard. The woman has filed an action in state court challenging the constitutionality of this statute, claiming that it violates her right to the free exercise of religion. Assuming no relevant federal statute is applicable, should the court rule that the state statute violates the Free Exercise Clause of the First Amendment?

No, because preventing fires inside of public buildings is rationally related to a legitimate government interest.

A man learned that his ex-wife might lose their former marital home, which she had been awarded outright as part of the divorce decree, due to her inability to make the monthly mortgage payment of $2,500. He sent her a letter promising to send her $2,500 in a week "for the house." Upon receipt of the letter, the ex-wife entered into a contract to purchase a big screen TV for $2,500. Upon learning of the contract for the TV, the man told his ex-wife he would not be sending her any money. She has sued him for $2,500. Will the ex-wife prevail?

No, because repudiating the promise to give his ex-wife $2,500 did not result in injustice to her.

A city permitted the use of an auditorium in a city-owned building as a place of public debate and discussion. Anyone who wanted to use the auditorium for that purpose was required to reserve a specific time with a designated administrator, who was required to grant the request, subject to availability. A group of young lawyers who specialized in human rights law sought to use the auditorium to debate with members of the community about human rights violations by the U.S. military. Due to the heated controversy regarding this issue and the large number of military veterans in the city, the administrator, fearing the potential for violence, denied the group's request. The administrator pointed out that there were other city facilities in which the debate could be held. Is the administrator's denial likely to withstand a constitutional challenge by the lawyers' group?

No, because the denial was based on the content of the debate.

Two roommates lived together in a modest apartment for many years, during which time the female roommate purchased many items of furniture for the apartment. These items were worth roughly $10,000. When the female roommate decided to relocate across the country for a large promotion, she told the male roommate he could have all of the furniture when she left at the end of the month, as he had a much lower income. He wrote a long thank-you note telling her he was grateful. The next day at work, before the female roommate read the note, she learned that her promotion fell through and she decided to stay in the apartment. At the end of the month, can the male roommate enforce the female's promise to give him the furniture?

No, because the male roommate did not bargain for a legal detriment in exchange for the promise

A mother was in a canoe with her young son on a river. As the son leaned over the edge of the canoe to watch some ducks swim by, he fell into the river. The son could not swim and began to drown, so the mother jumped into the river to save him. However, she could not find him in the choppy water. A nearby fisherman saw the incident, jumped into the water, and saved the drowning boy by carrying him to the riverbank. In doing so, the fisherman was forced to drop the expensive fishing pole he was using to catch fish in the river, losing it forever. When the woman met the fisherman on the riverbank, she thanked him and promised to repay him for the lost fishing pole within the week. A week later, when the fisherman asked for the money, the mother changed her mind and told him she would not pay for his fishing pole. Assuming that none of the parties can be found negligent, under the common law, can the fisherman recover the cost of his fishing pole from the mother?

No, because the mother's promise to pay for the fishing pole is not supported by consideration.

A public square located in a major city contained a number of statues of historical figures, including religious ones. Members of various religions came to the square to pray in front of the religious statues. One religious statue depicted the founding member of a particular religious sect. Under the sincerely held beliefs of the sect, sect members were not permitted to worship or pray at any religious statue until sundown. The sect used the statue in the square as a place of worship and prayer on a regular basis, considering it sacred. As a result of an outbreak in crime in the square at night, the city enacted an ordinance prohibiting the presence of any persons in the square after sundown. The sect challenged the ordinance on the ground that it violated the Free Exercise Clause. Will the sect's challenge to the ordinance be successful?

No, because the ordinance was not enacted to target the sect's religious practices.

A group of parents of public school students proposed a new school rule that would require teachers to begin each school day by standing for a minute of silent prayer before lessons began. The rule would not require the teachers or students to pray during the minute of silent prayer, but would require teachers to say, "Please stand for a minute of silent prayer." Students who did not wish to participate could remain seated. Would the school rule be constitutional?

No, because the rule violates the Establishment Clause of the First Amendment.

A state sales tax applied to the sale of most items, including newspapers and magazines. A state statute has recently taken effect that exempts from this tax periodicals that are published or distributed by any religious organization and that consist wholly of writings promulgating the teachings of that religion. The statute requires the publisher of a qualifying periodical to demonstrate to a specified state tax official that it is a religious organization. The statute also specifies that the official may not question the reasonableness of the applicant's religious belief. The publisher of a magazine that does not qualify for this special tax exemption has filed an action in federal court, seeking a declaratory judgment that the exemption statute violates the Establishment Clause of the First Amendment. Should the court find that the tax exemption is constitutional?

No, because the sales tax exemption is confined solely to religious organizations.

A state statute prohibits any type of protesting on the public sidewalks immediately in front of an abortion clinic for one hour after the clinic opens, and for one hour prior to the clinic closing. The purpose of the statute was to make sure that the clinic's staff could safely arrive for their workdays and leave at the end of the day, ensuring that the clinics could consistently and safely operate with a full staff. A man's wife recently died from a fatal infection caused by negligence during a procedure at an improperly staffed abortion clinic. One morning, the man sat on the sidewalk in front of an abortion clinic from the moment it opened until the time it closed, crying silently and holding a huge sign reading "Do your jobs!" The man was prosecuted for violating the state statute. The man has claimed that the statute is unconstitutional, and in the alternative, that it was unconstitutionally applied to him. Is the man likely to succeed?

No, because the statute was content-neutral and narrowly tailored to serve an important government interest.

A state statute was recently enacted prohibiting any grocery store or market within one mile of a school from displaying any posters advertising items for sale. The goal of the statute was to discourage minors from illegally purchasing alcohol or soliciting others to purchase alcohol for them after seeing posters advertising that it was for sale. Before the regulation, many affected stores that did not sell alcohol also advertised in this manner, and the stores that did sell alcohol often advertised non-alcoholic items for sale with posters as well. Is the statute constitutional?

No, because the statute was not narrowly tailored to serve the government's goal.

A state statute was recently enacted prohibiting any grocery store or market within one mile of a school from displaying any posters advertising items for sale. The goal of the statute was to discourage minors from illegally purchasing alcohol or soliciting others to purchase alcohol for them after seeing posters advertising that it was for sale. Before the regulation, many affected stores that did not sell alcohol also advertised in this manner, and the stores that did sell alcohol often advertised non-alcoholic items for sale with posters as well. Is the statute constitutional?

No, because the statute was not narrowly tailored to serve the government's goal.

In response to several violent and fatal confrontations, Congress enacted a law prohibiting all public speeches related to gun control inside government offices. Shortly thereafter, a protestor was arrested after displaying a large placard in a government office that said "GUNS ARE NOT THE PROBLEM; GOVERNMENT IS." At trial, the protestor challenged the law as a violation of his free speech rights. The government replied by stating that the law served the legitimate government interest of preventing violence in government offices. Is the protestor likely to prevail in his challenge?

No, because the statute was viewpoint-neutral and reasonably related to a legitimate government interest

In response to several violent and fatal confrontations, Congress enacted a law prohibiting all public speeches related to gun control inside government offices. Shortly thereafter, a protestor was arrested after displaying a large placard in a government office that said "GUNS ARE NOT THE PROBLEM; GOVERNMENT IS." At trial, the protestor challenged the law as a violation of his free speech rights. The government replied by stating that the law served the legitimate government interest of preventing violence in government offices. Is the protestor likely to prevail in his challenge?

No, because the statute was viewpoint-neutral and reasonably related to a legitimate government interest.

A corporation decided to hold an annual retreat for a long weekend during the summer. The corporation entered into a written agreement with a contractor for $8,000 to build a large stage on which the president, CEO, and other corporate officers could deliver speeches and present different programs. The stage was to contain all of the sophisticated technology necessary for innovative programming. The contractor was also responsible for installing a large tent to cover the area next to the stage, in case of bad weather. The agreement mandated that the work had to be completed by 6:00 p.m. on the day before the annual retreat was set to begin. The contractor was on vacation the week leading up to the annual retreat and decided to spend an extra day away. Two days before the corporation's annual retreat, the contractor finally began working on the project. Due to the time constraints, he realized that he would not be able to complete the project without extra help at an additional cost of $1,000. The corporation agreed to the additional cost because it had no other option and needed the project completed on time. After the contractor timely completed the project, the corporation paid him $8,000 but refused to pay the additional $1,000. Can the contractor recover the additional $1,000 from the corporation?

No, because there was no consideration for the corporation's promise to pay the additional amount.

A homeowner entered into a contract with a landscaper. The contract specified that the homeowner would pay the landscaper $10,000 upon completion of a list of projects. The landscaper performed the work while the homeowner was away on vacation. When the landscaper sought payment, the homeowner refused, noting that a tree had not been trimmed as required by the contract. The landscaper responded that, since he would now have to forego other work in order to trim the tree, he would do it but only if the homeowner agreed to pay him a total of $10,500 for his services. The homeowner, desperate to have the work completed, agreed. Once the work was completed, however, the homeowner gave the landscaper a check for $10,000, and refused to pay more. The landscaper sued for breach of contract. Is the landscaper likely to succeed in his claim?

No, because there was no consideration for the promise to pay $10,500 and no unanticipated circumstances arose.

A state narrowly adopted legislation allowing for same-sex marriage. A group of several individual talk- radio show hosts who vehemently opposed the legislation rented space on several large billboards around the state, all of which contend that the law is wrong and urge all who see it to take "any and all necessary steps" to get the law repealed. The billboards include a website address that contains the legislative steps for getting a state's law repealed, including gathering signatures on petitions and finding a legislator to sponsor new legislation repealing the law at issue. The billboards proved incredibly controversial, as slightly more than half of the state's population found the billboards extremely offensive, while the rest of the citizens were in favor of repealing the law. The state orders the talk-radio hosts to remove the billboards. The hosts bring proper suit alleging that the state's demand for removal of the billboards constitutes an infringement upon their free speech. Is the court most likely to rule that the billboards are protected or improper?

Protected because there is no substantial government interest in removing the ads

A state narrowly adopted legislation allowing for same-sex marriage. A group of several individual talk- radio show hosts who vehemently opposed the legislation rented space on several large billboards around the state, all of which contend that the law is wrong and urge all who see it to take "any and all necessary steps" to get the law repealed. The billboards include a website address that contains the legislative steps for getting a state's law repealed, including gathering signatures on petitions and finding a legislator to sponsor new legislation repealing the law at issue. The billboards proved incredibly controversial, as slightly more than half of the state's population found the billboards extremely offensive, while the rest of the citizens were in favor of repealing the law. The state orders the talk-radio hosts to remove the billboards. The hosts bring proper suit alleging that the state's demand for removal of the billboards constitutes an infringement upon their free speech. Is the court most likely to rule that the billboards are protected or improper?

Protected, because there is no compelling or substantial government interest in removing the advertisements.

Government may NOT

Question the reasonableness of religious belief but they may question sincerity of the belif

Neutral State laws of general applicability that have the incidental effect of interfering with ones ability to engage in religious activity are subject to

Rational Basis

Strict Scrutiny

Regulation must be necessary to achieve a compelling government interest and be narrowly tailored to meet that interest Fundamental rights- Marriage, sex, voting

Public Forums

Sidewalks, streets, parks, civic auditoriums, publicly owned theaters, or school classrooms the public can use after hours

Protected Speech must pass

Strict Scrutiny

A religious leader ran a temple in honor of his sect's gods. For weeks, the religious leader solicited numerous offerings from the community, including some cash donations, and explained to donors that the offerings would be "put towards the temple's efforts to combat global warning." After he collected these offerings, the religious leader burned all of them, including the cash, in a ritual offering to one of the gods to request divine assistance to counter the effects of global warming. The state charged the religious leader under a state statute that makes it a crime to make fraudulent claims in order to solicit monetary donations. The charge was based on the assertion that "the defendant should have known that the god does not exist and burning cash donations as a pious offering would have no effect on global warming." The state has never brought a similar charge against leaders of other religions who collected donations for operating expenses and missionary trips. Which of the following is the religious leader's strongest constitutional defense to the charge?

The charge denies the religious leader's free exercise of religion because the charge depends on the reasonableness of his sincerely held beliefs.

For the past ten years, a city has maintained an internet website. Pursuant to a rule adopted by the city council, anyone, including public employees and officials in addition to the general public, was permitted to post comments on the city's website. The webmaster was tasked with reviewing the posted comments and removing any that were obscene or irrelevant. After the website was recently inundated with comments regarding a particular ordinance passed by the council, the council ordered the webmaster to remove the feature from the city's website that permitted the posting of comments. A resident of the city has filed a suit challenging the city's action as a violation of the First Amendment. Of the following, which provides the best support for the resident's argument that the comments section of the city's website constitutes a public forum?

The city permitted the general public to post comments on the website.

The owner of a mine and a wealthy friend were having lunch in a restaurant. The owner had operated the mine as a successful business for a number of years and planned to continue to do so indefinitely, but was always boasting to friends that he could sell the business for far more than its asset value. On this occasion, the owner stated to the friend that he would sell her his business for $15 million, even though its assets were only worth $10 million. The friend responded "If that's your best offer, I can't accept it." The owner then wrote on a napkin, "I, Owner, hereby offer to sell my mining business to Friend, for $15 million." The friend took the napkin, wrote, "I accept your offer," then signed her name and pocketed the napkin. Nothing more was said about the sale. The next day, the friend, upon learning that a valuable vein had been discovered in the mine that day, contacted the owner. The owner refused to transfer the mine to his friend. In a breach of contract action by the friend against the mine owner, which of the following is the owner's best defense to this action?

The friend did not reasonably believe that the owner intended to sell his mining business.

Non-Public Forum, Viewpoint Neutral

The government may prohibit speech on certain issues all together, but it may not allow only one side of an issue to be presented. Ex. While a restriction on all public speeches in airports related to guns would be upheld, a restriction on pro-NRA Speeches would not

Non-public forum time, place and manner restrictions

The government may regulate speech-related activities in nonpublic forums as long as the regulation is (i) viewpoint-neutral and (ii) reasonably related to a legitimate governmental interest.

A man was moving to another state and decided that he wanted to give away some of his belongings. He knew his brother had always expressed interest in an antique desk. The man called his brother and said, "I'm going to be moving in two weeks. I would like to give you the antique desk as a gift. I'll drop it off at your house on my way out of town." The brother told the man that he was very grateful for the gift and was looking forward to having the desk in his home office. The brother immediately disposed of his old desk and made room for the antique one. A couple of days later, an appraiser, who was a friend of the man, visited the man's house for dinner. While at his house, he saw the antique desk and informed the man that it was worth well over $20,000. The man decided to keep the desk and did not drop it off at the brother's house on his way out of town. The brother brought suit against the man to recover the antique desk. If the court finds in favor of the man on these facts, what is the most likely reason?

The man's refusal to give the piece of furniture did not cause injustice.

At lunch with two co-workers, the owner of a bike offered to sell it to his manager for $100. His manager replied, "That ancient thing? I'll give you $50 for it." The owner's assistant then stated, "I'll buy it for $75." Immediately after the owner responded, "OK," the manager said, "Wait a minute. How old is it?" When the owner replied, "Two years old," the manager said, "OK, I'll buy it for $100." Which of the following statements is true?

The owner must sell the bike to his assistant for $75.

A city transferred ownership of public streets within a housing development to the city's housing authority. The city council then adopted an ordinance declaring these streets private property under the control of the housing authority. Pursuant to that authority, the housing authority posted "no trespassing" signs and authorized the city's police to serve a barment notice on any person who could not demonstrate a "legitimate business or social purpose" for being on the premises. The barment notice forbade the person from returning to the property. The housing authority also authorized the city's police to arrest any person who disobeyed a previous barment notice for trespassing. A person walking through the housing authority property received a barment notice and was subsequently arrested by city police for trespassing after being found on the property a second time. The person has challenged his conviction on the grounds that the housing authority's policy violates the First Amendment on its face as an overbroad restriction on speech. Of the following, which is the least likely basis upon which the court would deny this challenge?

The person lacks standing to challenge the housing authority's policy on the grounds of overbreadth.

A government organization funds the provision of toiletry kits to homeless shelters. The shelters then distribute the kits to the homeless to help them maintain proper hygiene, avoid infections, and prevent illnesses. The kits are given to shelters that operate through government grants, as well as to shelters that are funded and run by churches. A taxpayer has brought an action challenging the constitutionality of allocating government funds to provide toiletry kits to the shelters run by churches. Which of the following is the strongest argument against this challenge?

The program has a secular purpose and does not entangle government with religion

Completing an online form, a customer ordered a handmade colored glass ornament to hang in the window of her home. In a box labeled "Comments," the customer wrote, "red, please." Via email, the online retailer sent a notice acknowledging the order, but reserving the right to send an ornament in any color. The retailer shipped the customer a green ornament. Which of the following arguments would not support the customer's position that she does not have to pay for the ornament?

The retailer's acceptance did not mirror the customer's offer.

A local religious community constructed a place of worship on land that they owned. Several years later, the community's religion divided into two different sects, with one sect recognizing a new leader and a new interpretation of their religious tenets. The schism led to a dispute among the members of the local religious community as to which sect the local community should belong, with the majority in favor of joining the sect that recognized the new leader. The place of worship is now occupied and used by the members who voted to recognize the new leader of the religion. The minority, supported by the original leader of their religious sect, brought an ejection action in state court to gain possession of the place of worship. In determining who is entitled to ownership of the place of worship, which of the following courses of action may the state court take?

The state court may apply religiously neutral principles of law to determine ownership of the place of worship.

A homeowner met with a contractor regarding remodeling the homeowner's kitchen. At the conclusion of their meeting, the contractor told the homeowner that he would charge her $9,000-$10,000 for the work, but that he would get back to her with a definite price once he returned to his office. When he arrived at his office, the contractor had a voicemail from the homeowner, saying that she would pay him $9,000 for the work they discussed. The contractor promptly returned her phone call, and left her a voicemail saying that he would do the work for $9,500, which the homeowner received. The next day, the contractor, having a change of heart, tried unsuccessfully to reach the homeowner by phone. He left her a voicemail that he would do the work for $9,000 after all, and that he would start the following day unless he heard otherwise from her. The next day, the contractor showed up at homeowner's house, ready to begin. What best describes the relationship between the parties?

There is no contract between the parties

Public Forum

Traditional - Historically associated with expression such as sidewalks, streets, or parks Designated - Those that the government has opened for public use like auditoriums Government may impose content-neutral, narrowly tailored restrictions to serve a significant government interest and leave open ample alternative channels for communication

A salon owner contacted a manufacturer by email about purchasing shampoo sinks. The manufacturer sent the salon owner the following email: "I will sell you four shampoo sinks at a discounted price of $300 apiece." The salon owner responded immediately, rejecting the offer. However, due to a transmission problem in the internet routing system, the message was not delivered to the manufacturer until the following day. In the meantime, the salon owner contacted several other sellers, all of whom made significantly higher offers. The salon owner then sent another email to the manufacturer, stating, "I accept your offer." This email was delivered immediately. The following day, the misrouted rejection email arrived in the manufacturer's inbox. Assume the parties are in a jurisdiction that applies the mailbox rule to electronic communications. Was a contract formed?

Yes because the offer was accepted

A public university adopted the following policy: In order to be recognized as a student organization with rights to school facilities and funds, an organization must permit any student to be a member regardless of the student's status or beliefs. One student organization was a local chapter of a national organization that restricted membership in local chapters to members of a particular religious sect and denied membership to homosexual individuals. May the university apply its policy to the student religious group?

Yes, because a public university is a limited public forum and the policy is content neutral.

A manufacturer entered into a written contract with a pet store chain whereby the manufacturer promised to design and create 1,000 collars to discourage dogs under 10 pounds from barking. In exchange, the pet store agreed to pay $50,000 upon delivery of these "bark prevention" collars. After doing some research and development, the manufacturer realized that the current device used in such collars for larger dogs would not work for dogs under 10 pounds. Upon determining the need for a new type of vibration sensor, which would add an additional $10,000 to the cost of the collars, the manufacturer informed the pet store of the issue. The pet store chain signed a document agreeing to the increased purchase price. After the collars were delivered and accepted, the pet store paid the manufacturer $50,000 only. If the manufacturer files an action against the pet store to recover the additional $10,000, will it succeed?

Yes, because consideration is not required for a modification of this contract

A concert violinist received an offer by mail to play a concerto with a local symphony orchestra. She checked her schedule, and thinking that she had the date free, mailed a letter to the symphony orchestra accepting the offer. Later that day, as she was checking her calendar about another matter, she realized that she had a rehearsal for another performance on that date. The violinist called the orchestra manager and declined the offer to play the concerto. In a breach of contract action by the orchestra against the violinist, will the orchestra win?

Yes, because the acceptance was sent before the rejection phone call was made.

A lawyer sold a coffee table to a friend for $300. While they were moving the table out of the lawyer's home, the lawyer negligently dropped the table onto his friend's foot and fractured one of her toes. The lawyer told the friend, "If you promise not to sue me, I will return the $300 to you." For six months, the friend refrained from suing the lawyer for damages resulting from her fractured toe, but the lawyer refused to return the $300 to her. If the friend files suit against the lawyer for return of the $300, will she succeed?

Yes, because the agreement between the lawyer and his friend was supported by consideration.

A state airport commission adopted a regulation prohibiting the solicitation of money inside airport terminals, but permitted the solicitation of money on the pathways outside the terminals where travelers were accessible. The commission adopted the regulation due to the disrupting effect solicitation had on travelers attempting to reach their gates, causing delays and congestion in the terminals. Fundraisers from an organization devoted to raising money to help cure cancer attempted to solicit donations in the airport terminal, and were detained for violating the regulation. The organization has challenged the constitutionality of the regulation. Is the regulation constitutional?

Yes, because the ban on solicitation is reasonably related to a legitimate government interest.

A city owned and operated a minor-league baseball park. The city sold advertising space on billboards above the park and along the walls of the baseball field. While most of the advertising space was purchased by beer and snack food companies that also sold their goods at the baseball games, a city ordinance allowed for the sale of space to political, charitable, and religious causes. All final decisions on the advertising were solely at the discretion of a particular city official. A modern-day temperance organization wanted to buy space on some of the billboards to warn of the dangers associated with drinking alcohol. The city official wanted the baseball games to remain light-hearted and fun events for the citizens, and also did not want to risk the beer companies pulling their advertisements from the ballpark. Accordingly, he denied the temperance organization's request for advertising space. The temperance organization sued the city and the official, claiming that the denial of the organization's request was unconstitutional. Is the temperance organization likely to succeed in its suit?

Yes, because the city official may not deny an organization's right to broadcast its message in a public forum on the basis of its content unless the denial is necessary to serve a compelling government interest.

A tennis instructor gives group lessons for adult beginners at a tennis court in a local park. A novice adult player showed up at the court to participate in the drills conducted by the instructor. The instructor gave the novice instruction on her tennis game for that day and several more days. The lessons cost $50 per hour. The novice refused to pay the instructor. In a breach of contract action to recover the lesson fees, will the instructor prevail?

Yes, because the conduct of the novice manifested assent to the bargain.

The owner of a failing cafe and a well-known restaurateur signed a written document indicating that the restaurateur would "pay for the transfer of all kitchen equipment within the kitchen at the cafe to the restaurant by December 31." After the cafe closed, the restaurateur went to the cafe and transferred all kitchen equipment to his own new restaurant site. The restaurateur researched the cost of the equipment at the time it was purchased and mailed a check to the cafe's owner for that amount. He had entered into many similar agreements with other businesses before, without any problems. The cafe owner immediately sent a letter to the restaurateur demanding the return of the kitchen equipment. The cafe owner argued that no contract was formed because the parties had not agreed to price and that the owner had anticipated a much higher sales price. Have the parties formed a valid and enforceable contract?

Yes, because the court may supply the missing price term prior to the restaurateur's payment.

A seller owned a small, rare book store. On June 1, the seller had a conversation with a customer about a rare bound manuscript of a novel that the seller kept in her collection. The seller told the customer that she was interested in selling the manuscript, and that if he returned to the bookstore with $500 sometime within the next month, she would sell him the manuscript. The customer left the seller his e- mail address so that they could stay in touch and he also promised to return to purchase the manuscript. On June 10, a collector visited the bookstore and discussed the same manuscript with the seller. The collector offered the seller $5,000 for the manuscript, and the seller immediately accepted. She delivered the manuscript to the collector the next day. After delivering the manuscript to the collector, the seller immediately e-mailed the customer to revoke her offer. The customer received the e-mail that evening. The next day, the customer returned to the bookstore and attempted to purchase the manuscript for $500. Has the seller properly revoked her offer?

Yes, because the customer received the e-mail before attempting to accept the offer.

A customer visited several area car dealerships, looking for a family car. One local car dealer named a price for the car that the customer wanted, which the customer asked be put in writing. The dealer wrote down the car's unique vehicle identification number, the price, the date, and the statement, "Firm offer for 30 days from today's date, provided car is in stock." The dealer signed the document. Twenty- nine days later, the customer returned to the dealer. The dealer admitted that the car was still in stock, but told the customer that it would now cost $500 more. The customer replied that he was ready, willing and able to buy the car, but only at the lower price. Does the customer's statement constitute acceptance of the dealer's lower price for the car?

Yes, because the dealer was a merchant.

A card collector decided to sell a rare baseball card. He had a friend who had always shown interest in the card. The card collector called the friend and stated, "I'm selling the baseball card that you like. It's yours for $475. I'll give you two weeks to think about it and let me know." The friend informed the card collector that he would get back to him soon. Three days later, a dealer in rare sports cards contacted the card collector and offered him $800 for the sports card. The card collector immediately accepted and sold the card to the dealer. The next day, the friend called the card collector and stated, "I accept your offer and will bring you the money later today." Does an enforceable contract exist between the card collector and the friend?

Yes, because the friend accepted the card collector's offer within two weeks.

A state law prohibited all outdoor advertisement of cigars within 1,000 feet of a school. The legislative history for the statute demonstrates that the prohibition was intended to combat cigar use by minors, which legislators believed was a pressing problem. Federal law does not prohibit state regulation of cigars. Moreover, in order to receive federal funding for state substance abuse programs, a state must prohibit the sale of tobacco products to minors. Cigar manufacturers, distributors and retailers have challenged the state law as unconstitutional. They note that the state prohibition on outdoor advertisement encompasses ads that are neither untruthful nor misleading. In addition, they point out that the law is not narrowly tailored to protect students while also permitting legal advertisement of cigars to adults because in certain cities, the law prevents outdoor advertising of cigars in almost all areas of the city. Is the court likely to strike down the law?

Yes, because the law is not narrowly tailored to achieve its purpose.

An organic produce supplier sent her produce catalog to a local restaurant on April 15. The catalog came with a signed letter stating: "I will supply you with as many of the items in the enclosed catalog as you order before August 1 of this year, and I assure you that this offer and the prices provided in the catalog will remain firm until August." The supplier received no reply. In June, the supplier's tomato crop was infested with a fungus that decimated her harvest. She was left with half the tomatoes she had expected to harvest. On June 15, the supplier sent the restaurant a signed letter stating that the price for the tomato crop was now twice the price listed in the catalog. On July 1, the restaurant sent the supplier an order for tomatoes. However, the restaurant demanded the tomatoes at the price listed in the catalog. Has a contract been formed for the sale of the tomatoes to the restaurant at the catalog price?

Yes, because the original offer was irrevocable on June 15 and on July 1.

A restaurant posted a flyer in its serving room, which states: "Take the All-You-Can-Eat Challenge! Any person who can finish five entrees from our dinner menu in less than one hour dines free for a year!" A customer saw the flyer and ordered five entrees. As the customer started on his fifth entree, the restaurant manager tore down the flyer in full view of the restaurant patrons and the customer, and said "Deal's off!" The customer finished all five entrees in 59 minutes. When the manager told the customer that he would not be able to dine free for a year, the customer refused to pay for the five entrees. If the restaurant does not let the customer dine free for a year, does the customer have a claim against the restaurant?

Yes, because the restaurant could not revoke its offer once the customer had commenced performance.

A state enacted a law that prohibited the sale of violent video games to minors and imposed a fine for each violation. The legislative history demonstrated a concern that there was a correlation between playing such games and subsequent violent behavior. A maker of video games brought suit contending that this law violated its First Amendment right of free speech. Is this law unconstitutional?

Yes, because the state law is a content-based restriction.

Relying on its Commerce Clause power, Congress enacted a statute that criminalized the knowing possession of sexually explicit visual displays of a minor. Congress adduced facts that possession of such displays substantially affected interstate commerce. Simulated displays, or those that use youthful looking adults or computer graphic techniques instead of minors, are not prohibited. Amalgamate displays, or those that contain actual minors but with the sexually explicit aspect created by using youthful looking adults or computer graphic techniques, are prohibited. The definition of the crime is neither vague nor overbroad. A defendant who possessed amalgamated displays in his home and did not sell or otherwise transfer them was convicted under this statute. He has challenged his conviction, contending that the statute is unconstitutional. Should an appellate court uphold his conviction?

Yes, because the statute does not violate the First Amendment Free Speech Clause.

An undergraduate student planned to transfer to a university in the town where her aunt resided and to live in an on-campus dorm. She told her aunt about her plans in an email. The next day, the aunt replied with an email containing the following: "I am so excited! If you don't want to deal with a roommate, don't apply for a room in the dorms, you can just stay in my spare room rent-free!" Elated, the student immediately submitted her transfer application without submitting an application for a dorm room on campus. After the deadline to apply for a dorm room had passed, the student's aunt called and explained that she had no room for the student because she was renting out her spare room to another student who was willing to pay rent. The student had to sign a lease in an off-campus apartment and ended up paying much more than she would have paid to live in the dorm. If the student sues her aunt to recover damages, is the student likely to succeed?

Yes, because the student decided not to apply for a dorm room in reasonable reliance on her aunt's promise to provide her a room.

A restaurant sent a signed order form to a produce supplier that read: "Please ship us 100 pounds of potatoes at your current price." The supplier received the order form on November 9. Later the same day, the supplier mailed the restaurant a letter with the proper address and postage. The letter stated that the order had been accepted at the supplier's current price for potatoes. On November 10, before receiving the supplier's reply, the restaurant telephoned the supplier to inform them that the restaurant had found a closer supplier and was canceling its order. The supplier asked the restaurant to reconsider, but the restaurant refused. On November 11, the restaurant received the supplier's letter. Relying on the restaurant's telephone call, the supplier never shipped any potatoes to the restaurant. As of November 12, is there an enforceable contract between the supplier and the restaurant?

Yes, because the supplier effectively accepted the restaurant's offer before the restaurant could revoke it.

Any government regulation of speech that is content based on its fact will only be upheld if the regulation

is necessary to achieve a compelling government interest and is narrowly tailored to meet that interest

Government may regulate speech activities in a nonpublic forum as long as

the regulation is viewpoint neutral and is reasonably related to a legitimate government interest