Excerpted From: Michael Josepheson, Evaluation and Grading in Law School, AALS Section on
Teaching (1984).
- This negative variety of the above form will require you to select the WORST,
LEAST LIKELY/probable option or the option that DOES NOT help, explain, or
apply to the state problem.
- Illustration
The committee wants you to draft legislation to make all restrictions on land use imposed
by deeds (now or here-after recorded) unenforceable in the future so that public land-use planning
through zoning will have exclusive control in matters of land use. Which of the following is
LEAST likely to be a consideration in the drafting of such legislation?
(A) Compensation for property rights taken by public authority
(B) Impairment of contract
(C) Sovereign immunity
(D) Police power
- Illustration
Potts sued Dobbs on a product liability claim. Louis testified for Potts. On cross-examination, which of the following questions is the trial judge most likely to rule
improper.
(A) "Isn't it a fact that you are Potts' close friend?"
(B) "Isn't it true that you are known in the community as "Louie the Lush" because of
your addiction to alcohol?"
(C) "Didn't you fail to report some income on your tax return last year?"
(D) "Weren't you convicted, seven years ago in this court, for obtaining money under
false pretenses?"
- Illustration
A third state statute, enacted in 1880, makes criminal "the utterance in any public place of
any blasphemy or sacrilege." Assume that there have been only a few recorded prosecutions
under the 1880 statute. Doe is charged with violating its proscriptions. The charge is based
wholly on the speech he delivered on the steps of the Clinton State Capitol. Which of the
following constitutional defenses to this prosecution under the 1880 statute would be the LEAST
likely to succeed?
(A) This statute is vague and, therefore, violates the due process clause of the
Fourteenth Amendment.
(B) This statute is an establishment of religion and, therefore, violates the due process
clause of the Fourteenth Amendment.
(C) Application of this statute to Doe denies him equal protection of the laws in
violation of the Fourteenth Amendment.
(D) Application of this statute to Doe denies him freedom of speech in violation of the
Fourteenth Amendment.
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