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Celebration BarReviewFlorida EssayQuestions Book 1995-2018 Celebration Bar Review, LLC ALL RIGHTS RESERVEDNo part of this publication may be reproduced, stored in a retrievalsystem, or transmitted in any form or by any means, electronic,mechanical, photocopying, recording or otherwise without the priorwritten permission of the publishers. 1995-2018 Celebr ation Bar Review, LLC1Flor ida Essay Book
This book is printed for theexclusive use of:This Registered Celebration BarReview StudentAnd may not be used by anyother person without writtenpermission of Celebration BarReview. No Resale Permitted. 1995-2018 Celebr ation Bar Review, LLC2Flor ida Essay Book
TABLE OF CONTENTSFEDERAL CONSTITUTIONAL LAW ESSAY QUESTIONSFEDERAL CONSTITUTIONAL LAW ESSAY ANSWERSFLORIDA CONSTITUTIONAL LAW ESSAY QUESTIONSFLORIDA CONSTITUTIONAL LAW SELECTED ESSAY ANSWERSCONTRACTS ESSAY QUESTIONSCONTRACTS ESSAY ANSWERSCRIMINAL LAW ESSAY QUESTIONSCRIMINAL LAW ESSAY ANSWERSDOMESTIC RELATIONS ESSAY QUESTIONSDOMESTIC RELATIONS ESSAY ANSWERPROPERTY ESSAY QUESTIONSPROPERTY ESSAY ANSWERSTORTS ESSAY QUESTIONSTORTS ESSAY ANSWERSTRUSTS ESSAY QUESTIONSTRUSTS ESSAY ANSWERSNEGOTIABLE INSTRUMENTS ESSAY QUESTIONSNEGOTIABLE INSTRUMENTS ESSAY ANSWERSSECURED TRANSACTIONS ESSAY QUESTIONSSECURED TRANSACTIONS ESSAY ANSWERSPRACTICE ESSAY EXAM #1PRACTICE EXAM #1 ANSWERSPRACTICE ESSAY EXAM #2PRACTICE TEST #2 ANSWERSPRACTICE ESSAY EXAM #3PRACTICE TEST #3 ANSWERSJULY 2001 ESSAY QUESTIONS AND ANSWERSFEB 2002 ESSAY QUESTIONS AND ANSWERSJULY 2002 ESSAY QUESTIONS AND ANSWERSFEB 2003 ESSAY QUESTIONS AND ANSWERSJULY 2003 ESSAY QUESTIONS AND ANSWERSFEB 2004 ESSAY QUESTIONS AND ANSWERS 1995-2018 Celebr ation Bar Review, 04217220225228234237244252262270278290Flor ida Essay Book
FEDERAL CONSTITUTIONAL LAWESSAY QUESTIONSQUESTION #1In order to make the City more attractive to tourists, the City Council ofSandy Beach, Florida, adopted Ordinance No. 81-26, which in pertinent partprovides as follows:SECTION 1. CERTAIN SIGNS PROHIBITED. It shall be unlawful hereafter forany person, corporation, association or any other entity to maintain any signswhich fall within the following prohibited categories:[(a)-(b) omitted)](c) any sign located on the roof of any building or other structure if such signshall project more than fifteen feet from ground level . . .SECTION 2. DEFINITIONS. For the purposes of this Ordinance, the followingdefinitions shall apply:(a) "Sign" shall mean any display of characters, letters, illustrations,ornamentation or other symbol of any kind or nature designed or used as anadvertisement, announcement, communication or identification of any type . .SECTION 3.ADMINISTRATIVE ENFORCEMENT.The Board of ZoningRegulation is hereby authorized to grant licenses permitting signs otherwiseprohibited by the terms hereof as the equities in particular circumstances mayrequire . . .The Ordinance was not initially enforced against religious organizations,as a result of the Board's belief that the prohibition of rooftop crosses, Starsof David, and other religious symbols was not necessary to achieve theaesthetic aims of the Ordinance. Such organizations were generally issuedspecial licenses by the Board of Zoning Regulation permitting the maintenanceof such religious symbols on their buildings.A subsequent change in the membership of the Board resulted in asudden reversal of policy with respect to the enforcement of the Ordinanceagainst religious organizations. As a result of the policy change, the FirstCongregational Church of Sandy Beach was denied a special permit by theBoard and was required to remove its rooftop cross which had been erectedprior to adoption of the ordinance. Discuss and resolve the federalconstitutional issues raised by the above set of facts. 1995-2018 Celebr ation Bar Review, LLC4Flor ida Essay Book
QUESTION #2Soltown is a wealthy community in northern Florida, located thirty milesfrom the rapidly growing city of San Angeles. Since 1970, San Angeles hasbeen expanding in the direction of Soltown, thereby creating a housingshortage in the area. In July, 1979, Soltown amended its zoning ordinance.The amendment was enacted pursuant to the following findings made by theTown Council: (1) By the year 2000 the shortage of traditional energy sourceswill make solar communities a necessity; and (2) Soltown is an ideal site forsuch a community. The amendment requires that as a condition to thetransfer of title to a building, the building must be converted to solar energy.Any new structure must derive its energy from solar power.The cost of converting an existing house to solar energy is 15,000. Theextra cost of building a new house which will use solar energy is 7,500.Fannie Farmer is a Soltown resident who bought a house in 1975 for 15,000. In May, 1979, Ms. Farmer entered into a contract for the sale of herhouse to Julia Jones for 20,000. Ms. Jones borrowed the 20,000 purchaseprice, but because her income is only 6,000 per year and below the povertylevel, she could not obtain financing necessary to pay the additional cost ofconverting the house to solar energy. Ms. Farmer and Ms. Jones completedthe sale without the conversion to solar energy, but because of the newordinance, the Clerk of the Court refused to record the deed.Ms. Farmer and Ms. Jones have filed a Civil Rights action in Federal Courtagainst the Clerk of the Court. Discuss the Federal Constitutional Lawquestions involved.QUESTION #3The volume of social diseases and the greatly increased number ofpregnancies occurring among unmarried young women had reached analarming state in the county, and the School Board was pressured to takeaction. Finally, the Board resolved to institute a program entitled "Moralityand Sexuality" in all high schools in the county.The Board adopted a resolution which stated in part:Sex education is not merely for sex information. It is to be used as ameans of character formation. Its aim in the county schools is to fosterdevelopment of the proper attitudes towards sex, morality, and therelationship between the sexes. Course materials shall include sociologicaltreatises, current works relating to the family institution and materials relatingto Judeo-Christian traditions.The course was instituted in the schools in accordance with this resolutionand was made mandatory for all high school students as a requirement forgraduation and award of a high school diploma. 1995-2018 Celebr ation Bar Review, LLC5Flor ida Essay Book
James J. James, a devout Mormon, whose daughter Peggy James attendedone of the local high schools, would not permit his daughter to take theMorality and Sexuality course as a result of (i) his religious beliefs and (ii) hisbelief that parents should be free to educate their offspring in the intimaciesof sexual matters according to their own beliefs without undue interference bythe State. Peggy, as a result, was not allowed to graduate with her class andcould not receive a diploma for lack of the required credit.James J. James demanded of the School Board that it issue his daughterthe diploma, but it refused. Accordingly, he decided to bring suit against theBoard alleging that the Board's Resolution establishing the course and thepractice which had been followed in the schools in compliance with thismandate, violated the Constitution of the United States.Discuss the arguments which should be made by Mr. James and state whatthe ruling of the Court should be.QUESTION #4On June 21, 1979, John Simpson was arrested pursuant to an arrestwarrant issued by a Federal magistrate for receipt and possession of a rifle byone who had been convicted of a crime punishable by imprisonment for aterm exceeding one year. Following Simpson's arrest, an F.B.I. agent sought asearch warrant for the rifle. In an affidavit, the agent recited the followingfacts: that on June 10, 1979, Simpson received and possessed the rifle (asdescribed) "after a straw purchase of the firearm by his wife, Sherry, at theArmy and Navy Store, . . . Reading, Pa.," that in connection with the purchaseof the firearm, Sherry Simpson executed the appropriate Treasury Departmentform, giving her address as 312 So. Wyomissing Ave., Shillington, Pa.; thatupon Simpson's arrest, he was given the Miranda warning and then asked ifthe .45 caliber rifle was in his van; that Simpson replied that the rifle was inhis house (at the above address) and that the details of the rifle transactionhad been furnished the agent by an informant who was "credible and reliable."After issuance of the search warrant, the agent went to Simpson's house,served the search warrant, and procured the rifle. While the agent was in thehouse, he noticed a bag sitting on a table. The agent asked Simpson if hecould examine the bag, and Simpson said "How can I stop you?" The agentpicked the bag up, realized it contained marijuana, and immediately advisedSimpson that he would also be charged with possession of this drug.The defendant made proper motions to suppress the rifle and marijuana.Discuss the issues raised under the United States Constitution by the motionsand the probable results. 1995-2018 Celebr ation Bar Review, LLC6Flor ida Essay Book
QUESTION #5A statute of the State of X provides as follows:No marriage license shall be issued unless the parties seeking such licensehave complied in all respects with the following requirements:(a) The parties shall declare their intent to marry by application for amarriage license no less than one year prior to such marriage:(b) A fee of 60.00 shall be paid upon such application; and(c) The parties shall submit at the time of such application medicalproof that they are free of sickle-cell trait; provided that where both partiesare certified to have sickle-cell anemia a marriage license may nevertheless beissued.Jane Jones is five months pregnant. Last month she and her fiancee, JohnSmith, moved into State X from a neighboring state. Smith is white; Jones isblack and suffers from sickle-cell anemia, a painful disease which is carried bythe hereditary sickle-cell trait, and found only in blacks. Both parties areindigent and cannot afford the marriage license fee. Jones and Smith haveboth qualified for and are receiving welfare in State X. Jones, however, hasbeen advised by the Welfare Department of State X that no increased welfarebenefits will be paid if her child is born out of wedlock, since the welfareregulations provide for benefits only to legitimate children. Having beendenied a marriage license, Smith and Jones have brought an action in federaldistrict court seeking a declaratory judgment as to the constitutionality of thestatute of State X and Jones is also challenging the Welfare Regulations whichdeny benefits to illegitimate children.Assuming there are no questions as to standing, ripeness, mootness andother procedural problems, discuss the issues arising under the United StatesConstitution and the probable results.QUESTION #6A Florida corporation, Restaurant, Inc., has opened a chain of restaurantsnamed "Uncle Tom's Cabins." Civil rights groups have protested, arguing thatthis name carries racially derogatory implications. Despite Restaurant, Inc.'sdenials of intent to insult any group, the City Council of Newtown, Floridaenacted the following:Ordinance No. 116.No business shall display any sign on its premises which exposes persons ofany race, religion or sex to contempt, derision, or obloquy. 1995-2018 Celebr ation Bar Review, LLC7Flor ida Essay Book
Invoking Ordinance No. 116, Sigmund Sign, the sign inspector ofNewtown, instituted a civil action in state court on behalf of Newtown toenjoin Uncle Tom's Cabins from displaying signs carrying the restaurants'name and location. Shortly after this suit was filed, Restaurant, Inc. filed asuit in federal district court under 42 USC Section 1983 seeking a declaratoryjudgment that Ordinance No. 116 was unconstitutional, and seeking atemporary and permanent injunction against city officials proceeding with thestate court action.Discuss all Federal Constitutional arguments that are relevant to each sidein the federal court action.QUESTION #7While walking through the alley behind 22 Elm Street, Officer Jonesnoticed suspicious-looking plants growing in large red pots on the patio.After examining the plants more carefully through his binoculars, heconcluded that they were marijuana plants. He decided not to make animmediate arrest, however, since other matters were more pressing and hewanted to keep the house under surveillance.Three weeks after the above observation, work pressures had subsided,and Officer Jones decided to take action. Without checking to see if themarijuana plants were still there, he filed a written application for a searchwarrant in which he described what he had seen, when and where he had seenit and why he had concluded that the plants were marijuana. He obtained awarrant which directed him to search the residence of 22 Elm Street for "fourmarijuana plants in large red pots."The warrant was immediately executed. After knocking at the front doorand announcing his purpose, he was admitted into the house by thedefendant. Officer Jones immediately walked to the back of the house wherethe patio is located. He found and seized the four marijuana plants in largered pots. He then returned to the house and walked through each room tosee if any additional plants were growing inside. During this cursory search,he found and seized a small quantity of cocaine, which was lying on abedroom table. The defendant was charged with the illegal possession ofmarijuana and cocaine.The defendant filed a motion to suppress the use of the marijuana andcocaine at trial and a motion to dismiss that challenged the constitutionalityof the statute making possession of marijuana a crime. At the hearing onthese two motions, Officer Jones testified to the facts set forth above, and thedefendant testifie
1995-2018 Celebration Bar Review, LLC 2 Florida Essay Book This book is printed for the exclusive use of:
