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Here are 30 multiple-choice questions, in a Multistate-Bar-Exam style. These questions are taken from “The Finz Multistate Method,” a compendium of 1100 questions in the Multistate subjects (Contracts, Torts, Property, Evidence, Criminal Law and Constitutional Law) written by the late Professor Steven Finz and published by Wolters Kluwer Law & Business. To learn more about this book and other study aids, go to www.wklegaledu.com and click on “Education.”
1. The feral tusker is an unusual species of wild pig which is found in the state of Tuscalona, having evolved from several strains of domestic swine which escaped from the farms of early Tuscalona settlers. A Tuscalona state law declares the feral tusker to be an endangered species, and prohibits the killing or shooting of any feral tusker within the state. The Tusker National Park was established by the federal government in order to preserve plants and animals native to the region, and is located entirely within the state of Tuscalona. The feral tusker is so hardy that it has begun to displace other wildlife in the Tusker National Park. Because the feral tusker is actually descended from European stock, the United States Department of the Interior has contracted with Termine, a resident of another state, to kill all feral tuskers living within Tusker National Park. The contract with Termine is specifically authorized by federal statutes regulating the operation of national parks.
If Termine is prosecuted by the state of Tuscalona for violating the law which prohibits the killing of feral tuskers, which of the following is Termine’s strongest argument in defense against that prosecution?
(A) Only the federal government can declare a species to be endangered.
(B) As applied, the Tuscalona statute unduly interferes with interstate commerce.
(C) As applied, the Tuscalona statute violates the Obligation of Contracts Clause of the United States Constitution.
(D) As applied, the Tuscalona statute violates the Supremacy Clause of the United States Constitution.