WILLIAM MITCHELL COLLEGE OF LAW
FINAL EXAMINATION
Constitutional Law Powers
Professor Ann Iijima
Monday, December 8, 1997
1:00 - 3:00 p.m.
2 Hours
STUDENT TEST NO.
1. For anonymity, use your assigned test number which was mailed to you.
2. Put your test number on this page and on all bluebooks.
3. If you do not know your test number, you may obtain it in the Records Office (Cindy Egeness)
during the first 30 minutes of the exam period.
4. If you do not use your test number, you will be deemed to have waived your privilege of
anonymous grading.
5. TURN IN YOUR BLUEBOOKS AND THIS EXAM AT THE END OF THE PERIOD.
******************************************************************************
STUDENT CONDUCT CODE
IT IS A VIOLATION OF THE CODE:
1. To use any sources which are forbidden by the instructor
to complete an exam.
2. To submit as one's own work the work of another.
3. To engage in any conduct which tends to give an unfair advantage to any student in any
academic matter.
Knowledge of any violation should be promptly reported.
VIOLATION OF THE STUDENT CONDUCT CODE MAY RESULT IN EXPULSION
OR SUSPENSION FROM THE COLLEGE OR DISMISSAL FROM THE CLASS.
******************************************************************************
GRADUATING SENIORS: IF YOU ARE A GRADUATING SENIOR, NOTE THIS FACT
ON ALL BLUEBOOKS AND THIS EXAM PAPER. DO SO CONSPICUOUSLY.
TYPING AREA: If you are going to type your examination, the typing area is located in Room 230. You must return the exam to this room at the conclusion of the exam period.
SPECIAL INSTRUCTIONS
1. This is an open-book examination. You may use your textbooks, text supplements, notes, and
student-prepared outlines. You may not use commercial outlines (e.g., Emmanuels, Legal Lines),
treatises, etc.
2. The exam has two questions. Each answer will be graded separately and so must stand by
itself. Thus, do not rely upon, or refer to, anything in any other answer. You may refer to points
made earlier within a given answer.
3. The questions are of approximately equal weight. Please divide your time accordingly.
4. Please discuss all issues reasonably presented, even if resolution of some alone would resolve
the problem. Specify all grounds and reasons which support your conclusions, including
alternative grounds and possible contrary arguments.
5. If you think that, with respect to any particular issue, there are insufficient facts to warrant
drawing any conclusion, please indicate what kinds of additional facts would be relevant and why.
6. If you think that any of the statements of fact contain an ambiguity, please resolve the
ambiguity for yourself, indicating briefly the nature of the ambiguity and your resolution.
7. Discuss only Constitutional Law Powers issues discussed in this course. Do not discuss
contract or tort claims, etc., that we did not specifically discuss in Constitutional Law Powers.
8. Nuts and Bolts - Please:
a. Write on one side of each page only.
b. Type or write with a pen.
c. USE COMPLETE SENTENCES. I WILL NOT GRADE OUTLINES.
e. Write legibly -- if I cannot read it, I cannot give you credit for what you have written.
FAILURE TO FOLLOW THESE DIRECTIONS WILL RESULT IN LOST POINTS.
QUESTION I
The Loons is a professional baseball team in the State of Mitchell. The team believes that its
profits would be considerably enhanced by the construction of a new stadium with more luxury
"skybox" party suites. Faced with the threatened departure of the team, the State of Mitchell
agreed to build the new stadium.
The Mitchell legislature passed an appropriations statute authorizing the expenditure of state
funds for the construction of the stadium. The statute provided that:
The State of Mitchell and the Loons have signed the lease agreement with the necessary
provisions, and construction has begun on the stadium. Because the stadium's completion date
and final costs are uncertain, the Loons have not yet determined ticket prices and skybox rental
rates. The Loons plan to determine the prices and rentals in the near future, and then will sell
tickets and rent out skyboxes.
Andrea Able lives and practices law just across the border in the neighboring state of Hamline.
She operates her practice as a sole proprietor, and has not incorporated. Each year, she purchases
both individual and season tickets to Loons games for the purpose of entertaining her regular and
prospective clients. Each year, Barney Baker, also a resident of Hamline, buys individual tickets
and season tickets for the personal use of his family and friends. Commodious Commode Co. is a
corporation that distributes plumbing supplies to retail outlets. Each year, Commodious purchases
season tickets and rents skyboxes for Loons games for entertaining its regular and prospective
clients. Commodious has its principal place of business in Hamline. Able, Baker, and
Commodious each filed an injunction action against the Loons and Rhonda Rio (Mitchell's
Attorney General) in federal district court, claiming violations of the United States Constitution.
Please discuss the extent to which each plaintiff may have viable constitutional claims. Discuss only issues that we have covered in Constitutional Law Powers this semester.
QUESTION II
As one part of its anti-crime initiative, the United States Congress passed the Apartment Manager
Background Check Act ("AMBCA").
Section 1 of the AMBCA set forth Congress' findings that crimes against persons and property
were increasing, that states had been unable to deal effectively with these crimes, and that tenants
were particularly vulnerable to attacks by apartment managers who had access to the tenants'
apartments.
Section 2 of the AMBCA provided that before an apartment owner may hire a caretaker with
access to apartments, the owner must perform a criminal background check of the potential
caretaker pursuant to procedures promulgated by the Federal Bureau of Investigation ("FBI"). It
further provided that the apartment owner may not hire any person convicted of a felony.
Section 3 provided that each state must either:
Section 4 provided that, whichever Section 3 option each state chose, the state could assess fees
against apartment owners sufficient to cover the costs of the program.
Please discuss any Constitutional Law Powers issues raised by the AMBCA. Please discuss only
issues that we have covered in Constitutional Law Powers this semester.
******************************************************************************
AT THE END OF THE EXAMINATION, PLEASE MAKE SURE YOUR EXAM NUMBER
IS ON EACH BLUEBOOK, PUT THIS EXAM (UNFOLDED) INTO BLUEBOOKS, AND
PUT BLUEBOOKS INTO THE BOX.
HAVE A NICE BREAK!