The bar exam is just four days away. I foresee one tiny problem…
I’ve been studying at the Barnes & Noble, every day, next to this lady who wears the same black and white dress every day and talks nonstop. At first it was annoying as hell, and I’d move away from her…but little by little, I’ve gotten used to her (usually socialist) nonstop blabber. Now I wonder whether I’ll be able to focus during the real exam without it.
But considering the fact that ibaby (the Illinois Bar administrators) doesn’t even allow test takers to bring cell phones into the testing site, something tells me they wouldn’t be okay with me bringing the study buddy lady along.
The bar exam is in just five days. I’m reviewing dozens, sometimes hundreds, of multiple-choice questions every day. Now, for those of you who have no idea what a bar exam multiple-choice question looks like, I figured I might share one with you.
This particular question comes from MicroMash, which is kind of like Princeton Review for the bar exam, only without the classes. Law students, lawyers, and prospective law students are encouraged to leave their answers to the question in the ‘comments’ section below:
If the plaintiff was unable to show bad faith or other extraordinary circumstances, in which of the following situations would a federal district court assume jurisdiction?
A. Plaintiff M has been indicted in a state court for showing an obscene motion picture, “Sore Throat.” He brings an order to the federal district court seeking to enjoin the state prosecution.
B. Plaintiff N is the operator of a motion picture theater. The attorney general of the state has commenced a civil action to enjoin the showing of a motion picture, “The Bevel in Miss Jones,” on the ground that it is obscene. He applies to the federal district court seeking to enjoin the state civil proceeding.
C. Plaintiff O is the operator of a motion picture theater. The local law enforcement officer has informed him that if he shows “De Flowering Inferno” again, he will be prosecuted for obscenity. He brings an action in the federal district court for a declaratory judgment that the picture is not obscene.
D. Plaintiff P has been convinced in the trial court of State X for showing “Sin For Your Supper.” While the case is on appeal to the supreme court of that state, he brings an action in the federal district court seeking to enjoin the state proceeding.
Submitted by Kevin Underhill (not verified) on Thu, 07/24/2008 - 20:40.
In an actual law-practice situation, my answer would be, "I'll be right back," and then I would go look up the answer, something I am very very good at doing, and someone would pay our firm probably hundreds of dollars for that. Under bar-exam-type conditions, though, since for some reason they don't let you look things up, let alone pay you, I think I would pick C.
After some prior research projects that are too dull to relate, whenever I see "federal court enjoin state proceeding" or words to that effect, I now immediately think "abstention" and "Anti-Injunction Act," because those typically preclude federal courts from -- and you may have guessed this from the name of the Act -- entering injunctions. C is the only answer in which there is no pending state proceeding to worry about. Since I think the prosecutor's threat is enough to constitute a "case or controversy," the federal court would be able to take subject-matter jurisdiction and might do so. I am guessing that the bad-faith part of the question is to cover a rule or exception I don't specfically remember where a federal court can get involved if something fishy is going on in the state proceeding. So, that's my answer.
If it's correct, please send me four hundred dollars.
The Illinois Bar exam is in exactly one week. I don’t feel like I’m prepared—let alone feeling like I’m close to prepared—but I’m told that this is normal.
The subjects are all merging together; I can’t remember which subject I was studying yesterday morning. I think it was Conflict of Laws, but it could have been Family Law. Either way, I remember learning about what to do in the case of an “insane baby.” Mind you, I don’t remember WHAT you do when you have an “insane baby,” I just remember learning that this is an actual legal predicament.
Another predicament, I suppose, is determining that your baby is insane. With older people, it’s obvious. If they say, “The banana patch monster ate my manure sandwich tomorrow,” well, that would be a give away. But with babies, it’s not so obvious. Most of the things that mark as an adult as insane are normal for babies.
The point is, if an “insane baby” question comes up on the bar exam next week, I’m screwed.
Submitted by Anonymous (not verified) on Wed, 07/23/2008 - 18:05.
You should be more sensitive to people with friends or relatives who suffer from mental illness. Contrary to what you write, those diseases are not always "obvious" in adults nor do they manifest themselves in the silly kind of statement you made up. It is medically impossible to diagnose a baby as psychotic or "insane," the latter of which is not a recognized medical diagnosis, but rather a layman's colloquialism usually used to describe any behavior with which the speaker disagrees or finds strange.
Submitted by Steve Pirates (not verified) on Wed, 07/23/2008 - 23:48.
Apparently humor, like mental illness in adults is not "obvious". Insanity is not a medical diagnosis, it's an archaic term of art used in law. I'm sure that most people realize that Insanity is a colloquialism. Law's funny that way. I mean, we're probably the only people left who call seventeen year olds infants. Pediatricians would have a field day with that.
Submitted by Anonymous (not verified) on Thu, 07/24/2008 - 02:41.
In response to "You should be more sensitive."
Don't be so sensitive! You are what's wrong with the world today. There is someone like you who has a problem with everything and if you types had it your way, no one would be able to crack a joke.
Submitted by Steve Pirates (not verified) on Thu, 07/24/2008 - 15:41.
Just because insanity isn't ALWAYS funny doesn't mean it is NEVER funny. I have nothing but the deepest sympathy for the tormented souls who are compelled by inner demons to injure themselves, or who are incapable of genuine emotional connection, or who are sincerely afraid that the government is going to invade their brains.
The colorful gentleman on my block who wears a flowing purple dress and sings classic ragtime songs makes me smile. Especially when he stops singing to have a conversation with people including such statements as, "Teacher says he sick of our faces... We're all graduating tomorrow!!"
Also, I have an unusually large mouth. I can fit my fist in it. So it's not at all improbable that I could in fact eat your fist.
I'll preface my answer by
I'll preface my answer by stating I'm an 0L, LS next year, so no laughing!!
I choose: B
Don't like "A" because if there is no "bad faith" then why not let it go through the state court(s), allowing a community to set the standard
C: A threat by a LEO without being able to show "bad faith", seems like a non starter, immunity
D: reasoning similar to "A", it's already in process and waiting for State supreme, why claim jurisdiction
It would probably help if I understood Jurisdiction :) Still trying to wrap my head around it. Let the slaughter ensue!
In an actual law-practice
In an actual law-practice situation, my answer would be, "I'll be right back," and then I would go look up the answer, something I am very very good at doing, and someone would pay our firm probably hundreds of dollars for that. Under bar-exam-type conditions, though, since for some reason they don't let you look things up, let alone pay you, I think I would pick C.
After some prior research projects that are too dull to relate, whenever I see "federal court enjoin state proceeding" or words to that effect, I now immediately think "abstention" and "Anti-Injunction Act," because those typically preclude federal courts from -- and you may have guessed this from the name of the Act -- entering injunctions. C is the only answer in which there is no pending state proceeding to worry about. Since I think the prosecutor's threat is enough to constitute a "case or controversy," the federal court would be able to take subject-matter jurisdiction and might do so. I am guessing that the bad-faith part of the question is to cover a rule or exception I don't specfically remember where a federal court can get involved if something fishy is going on in the state proceeding. So, that's my answer.
If it's correct, please send me four hundred dollars.
Hope the book is selling well.
I think C. When in doubt
I think C.
When in doubt always pick C.