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|Bar Exam Essay Question (SAMPLE)|
|Written by Norton Gappy|
SAMPLE BAR EXAM QUESTION (LN 02-01)
The City of Acme had an ordinance which provided: “It shall be unlawful for a person to disturb the public peace and quiet by shouting, whistling, loud or vulgar conduct, or the playing of musical instruments, radios or other means of amplification, at any time or place so as to unreasonably annoy or disturb the quiet comfort and repose of persons in the vicinity.”
One day, Jimmy C. Corn, was strolling down the sidewalk wearing shorts and a shirt, while reading a newspaper when he stepped in a large pile of dog manure. Annoyed that his shoes were soiled he began shouting a loud tirade of rants such as stupid f*#*#** dog, f*#*, mother*#*#** while walking on the sidewalk.
Assuming that all of the facts in this question can be proven and that Jimmy’s language would be characterized as vulgar and offensive, what are the issues involved; and the probable outcome?
This is a constitutional law question.
Rule of Law:
Jimmy will likely argue that using the words “annoy” or “disturb” is over broad, vague and not subject to the reasonable person standard. In addition, Jimmy will add that what may annoy or disturb one person, may not necessarily annoy or disturb another.
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