Merits Before Justiciability
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Constitutional Law1
Example wrong choices
22590_good_neighbor_shuttle · CONSTITUTIONAL_LAW · Choice BDeny the motion, because Article I, Section 10 prohibits ex post facto laws.
Why it's attractive
answers whether a penalty would be illegal, not whether the claim can be heard now
Why it's wrong
answers whether a penalty would be illegal, not whether the claim can be heard now
22590_good_neighbor_shuttle · CONSTITUTIONAL_LAW · Choice CGrant the motion, because no state court has yet ruled on the city's shuttle program.
Why it's attractive
adds a state-court prerequisite not present in the stem or rule
Why it's wrong
adds a state-court prerequisite not present in the stem or rule
22590_good_neighbor_shuttle · CONSTITUTIONAL_LAW · Choice DDeny the motion, because the city program affects companies that operate in interstate commerce.
Why it's attractive
points to a possible merits theory but skips the timing defect
Why it's wrong
points to a possible merits theory but skips the timing defect
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