law test 1: interpretations

federal courts retain jurisdiction over causes of action created by federal law, unless the federal law in question, expressly or by fair implication, excludes federal court jurisdiction

sufficient minimal contracts between the defendant and the state must exist for a state to exercise jurisdiction

a court will grant summary judgement when there are no issues of fact to be determined by trial

the us constitution imposes restrictions against racial discrimination in the jury selection process

because the California court of appeals interpretation is preempted by the federal arbitration act, that court must enforce the arbitration agreement

providing manufacturers with a choice of belts for rear inner seats is not a significant objective of the federal regulation, and thus the regulation does not preempt the state tort suit

state law exempting from state income taxes interest on bonds issued by that state or its political subdivisions but not on bonds issued by other states and their subdivisions does not impermissibly discriminate against interstate commerce.

when a governmentally imposed classification involves fundamental rights or suspect classifications, equal protection requires the classification to be necessary to promote a compelling or overriding government interest

generally, when congress has not directly addressed the precise question at issue, courts may not disturb an agency rule that attempts to resolve the question, unless it is arbitrary or capricious in substance or manifestly contrary to statute

the APA's notice and comment requirement does not apply to interpretive rules

the APA provides for judicial review of final agency action for which there is no other adequate remedy in a court unless another statute precludes judicial review

for agency action to be upheld on review under the APA's arbitrary or capricious standard, the agency must have examined relevant date and articulated a satisfactory explanation for its action

for purposes of the bank fraud statute, a scheme to obtain funds fraudulently from a bank depositors account normally is also a scheme to obtain property fraudulently from a financial institution, at least where the defendant knew that the bank held the deposits, the funds obtained came from the deposit account, and the defendant misled the bank in order to obtain those funds.

under the Louisiana statute the offense of issuing a bad check requires that the defendant knew that he had not sufficient credit with the bank, not whether his actual monetary balance was sufficient to cover a check, draft or order for payment issued by him.