Some of these essay questions crack me up. This one was actually pretty easy. Then again that probably has more to do with the fact that anything not involving Secured Transactions, Commercial Paper, Wills, or Trusts has been violently cemented into my mind. But I just love these questions because there’s this long fact pattern and then they just throw something random in there at the last second. This isn’t the best example, but I’m not going to dig back around and find a better one. I’ve got better things to do.
But I love these questions. There’s a mountain of them that will give you this loooooooooong fact pattern on, let’s say, an evidence issue. And in the last sentence it’ll say, “And on the way to court to testify, a bat that got stuck in an airplane’s landing gear and froze to death, shook loose, fell from 20,000 feet and hit Han square in the dick. Lea is suing for loss of consortium.”
The Medical School at State University (“School”) decided in early 2005 to adopt an admissions policy that provided:
(A) Given that five percent of the State’s citizens are Native American, School must ensure that no fewer than five percent of the enrolled first year class shall be Native American.
(B) Given that the State’s African American citizens have suffered great historical discrimination, all African American applicants will have their college grade point averages increased by twenty percent prior to the consideration of their applications by School’s admissions committee.
(C) With respect to all other applicants coming from racial or national origin minority groups that have been historically underrepresented at School, an applicant’s race or national origin may be considered by School’s admissions committee as a “plus” in a particular applicant’s file.
(D) Given the importance of traditional music to all minority groups, all applicants who are accomplished musicians will have their college grade point averages increased by twenty percent prior to the consideration of their applications by School’s admissions committee.
The application by John, who was white and not a musician, to attend School was rejected in 2006, even though he had a higher college grade point average than many of the minority applicants who were offered admission by School that year. John filed suit claiming that School’s admissions policy was illegal, and a few months later moved for summary judgment.
Town had an ordinance making it a misdemeanor to engage in door-to-door solicitation without first securing a permit from Town. Bill heard about John’s lawsuit, and decided to go door-to-door in Town passing out a handbill stating that School had a racist admissions policy. The back side of the handbill had a small advertisement for Bill’s pizza parlor. Town police arrested Bill for violating the ordinance. Bill moved to dismiss the charges.
How should the court rule on John’s summary judgment motion? How should the court rule on Bill’s motion to dismiss?
Bar Tally: 349 Hours.
