Crucial Exams

Multistate Bar Examination Practice Question

A state legislature enacted a law imposing a surcharge on anyone who failed to recycle household waste. Before the law was enforced, a homeowner filed a suit in federal court seeking to challenge the law, arguing that it would impose an undue financial burden. The homeowner had not yet been required to pay the surcharge or suffered any penalties. Which of the following explains why the homeowner's suit is likely to fail?

  • The homeowner's claim is not ripe because they have not yet been subjected to the surcharge or any penalty.

  • The case fails due to the prohibition on advisory opinions, as the court cannot advise on a hypothetical situation.

  • The claim is moot because the homeowner has not suffered a concrete injury.

  • The homeowner lacks standing because they have not yet established that the law directly affects them.

Multistate Bar Examination
Constitutional Law
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