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	<title>Comments on: MBE Question of the Day #44</title>
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	<description>All things related to studying for and passing the bar exam, brought to you by the staff of MicroMash Bar Review</description>
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		<title>By: Cheese</title>
		<link>http://barexambrief.com/2010/02/11/mbe-question-of-the-day-44/comment-page-1/#comment-894</link>
		<dc:creator>Cheese</dc:creator>
		<pubDate>Fri, 12 Feb 2010 17:14:50 +0000</pubDate>
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		<description>DANG!</description>
		<content:encoded><![CDATA[<p>DANG!</p>
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		<title>By: Maryann Herman</title>
		<link>http://barexambrief.com/2010/02/11/mbe-question-of-the-day-44/comment-page-1/#comment-891</link>
		<dc:creator>Maryann Herman</dc:creator>
		<pubDate>Fri, 12 Feb 2010 16:05:44 +0000</pubDate>
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		<description>Answer D is correct. The injunction is overly broad and vague because it fails to sufficiently define what acts are prohibited. Likewise, the speaker was entitled to a hearing prior to the issuance of the injunction because the injunction severely limited his freedom and there was no emergency justifying the ex parte proceeding.

Answer A is incorrect. There is no threat of imminent violence here, because this is a prior restraint of future rallies. Free speech cannot be limited on the basis of future, speculative violence.

Answer B is incorrect. While the injunction is overly broad and vague because it fails to sufficiently define what acts are prohibited, C is also a true statement and, therefore, D is the correct answer.

Answer C is incorrect. The speaker was entitled to a hearing prior to the issuance of the injunction because the injunction severely limited his freedom and there was no emergency justifying the ex parte proceeding. However, because B is also a true statement, D is the correct answer.</description>
		<content:encoded><![CDATA[<p>Answer D is correct. The injunction is overly broad and vague because it fails to sufficiently define what acts are prohibited. Likewise, the speaker was entitled to a hearing prior to the issuance of the injunction because the injunction severely limited his freedom and there was no emergency justifying the ex parte proceeding.</p>
<p>Answer A is incorrect. There is no threat of imminent violence here, because this is a prior restraint of future rallies. Free speech cannot be limited on the basis of future, speculative violence.</p>
<p>Answer B is incorrect. While the injunction is overly broad and vague because it fails to sufficiently define what acts are prohibited, C is also a true statement and, therefore, D is the correct answer.</p>
<p>Answer C is incorrect. The speaker was entitled to a hearing prior to the issuance of the injunction because the injunction severely limited his freedom and there was no emergency justifying the ex parte proceeding. However, because B is also a true statement, D is the correct answer.</p>
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		<title>By: Steve</title>
		<link>http://barexambrief.com/2010/02/11/mbe-question-of-the-day-44/comment-page-1/#comment-889</link>
		<dc:creator>Steve</dc:creator>
		<pubDate>Fri, 12 Feb 2010 15:23:29 +0000</pubDate>
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		<description>B. a TRO can be obtained ex parte, so C is incorrect. However, the injunction is very vague and broad (doctrines that apply statues or govt policy) but would apply here.</description>
		<content:encoded><![CDATA[<p>B. a TRO can be obtained ex parte, so C is incorrect. However, the injunction is very vague and broad (doctrines that apply statues or govt policy) but would apply here.</p>
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		<title>By: Ken</title>
		<link>http://barexambrief.com/2010/02/11/mbe-question-of-the-day-44/comment-page-1/#comment-888</link>
		<dc:creator>Ken</dc:creator>
		<pubDate>Fri, 12 Feb 2010 13:35:01 +0000</pubDate>
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		<description>D, what is due here is liberty, essential to that idea of liberty is the freedom of speech. The exparte motion by the AG does not involve notice but is neither broad nor vague, since it says clearly ---- Ronan from conducting further services.

Broad refers to the class recipients of the law and vague refers to terms in the legislation. But in this case would apply to the prior restriant levied on Ronan.</description>
		<content:encoded><![CDATA[<p>D, what is due here is liberty, essential to that idea of liberty is the freedom of speech. The exparte motion by the AG does not involve notice but is neither broad nor vague, since it says clearly &#8212;- Ronan from conducting further services.</p>
<p>Broad refers to the class recipients of the law and vague refers to terms in the legislation. But in this case would apply to the prior restriant levied on Ronan.</p>
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		<title>By: Amit Uttam</title>
		<link>http://barexambrief.com/2010/02/11/mbe-question-of-the-day-44/comment-page-1/#comment-886</link>
		<dc:creator>Amit Uttam</dc:creator>
		<pubDate>Fri, 12 Feb 2010 05:56:19 +0000</pubDate>
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		<description>On further research, this is a prior restraint and there is no deprivation of life liberty and property. So B. Sorry for triple posting.</description>
		<content:encoded><![CDATA[<p>On further research, this is a prior restraint and there is no deprivation of life liberty and property. So B. Sorry for triple posting.</p>
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		<title>By: Amit Uttam</title>
		<link>http://barexambrief.com/2010/02/11/mbe-question-of-the-day-44/comment-page-1/#comment-885</link>
		<dc:creator>Amit Uttam</dc:creator>
		<pubDate>Fri, 12 Feb 2010 05:49:49 +0000</pubDate>
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		<description>D. One can be prevented from speaking if it may lead to the break out of imminent violence creating a threat to law and order disturbing the peace. The test applied by the SC in cases where the restrictions to the right of free speech are involved is strict scrutiny where the state has to show state action that is narrowly tailored to achieve a specific state interest. Here, the injunction only states general prohibitions such as disturb or annoy and not any specific prohibitions such as &#039;may not insult, make derogatory comments etc.&#039;. The general prohibitions would therefore make the injunction overly broad and it would fail the strict scrutiny test. Procedural Due process requires that a person be given the right to a fair hearing before rights guaranteed to him are taken away. Here, the injunction granted against Ronan taking away his fundamental right to free speech was given without proper notice and the right to a fair hearing. Therefore, it violates procedural due process.</description>
		<content:encoded><![CDATA[<p>D. One can be prevented from speaking if it may lead to the break out of imminent violence creating a threat to law and order disturbing the peace. The test applied by the SC in cases where the restrictions to the right of free speech are involved is strict scrutiny where the state has to show state action that is narrowly tailored to achieve a specific state interest. Here, the injunction only states general prohibitions such as disturb or annoy and not any specific prohibitions such as &#8216;may not insult, make derogatory comments etc.&#8217;. The general prohibitions would therefore make the injunction overly broad and it would fail the strict scrutiny test. Procedural Due process requires that a person be given the right to a fair hearing before rights guaranteed to him are taken away. Here, the injunction granted against Ronan taking away his fundamental right to free speech was given without proper notice and the right to a fair hearing. Therefore, it violates procedural due process.</p>
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	<item>
		<title>By: Amit Uttam</title>
		<link>http://barexambrief.com/2010/02/11/mbe-question-of-the-day-44/comment-page-1/#comment-884</link>
		<dc:creator>Amit Uttam</dc:creator>
		<pubDate>Fri, 12 Feb 2010 05:43:55 +0000</pubDate>
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		<description>D. While one can be prevented from speaking if it may lead to the break out of imminent violence creating a threat to law and order disturbing the peace. The test applied by the SC is strict scrutiny where the state has to show action that is narrowly tailored to achieve a specific state interest. Here, the injunction granted is overly broad. It only states general prohibitions such as disturb or annoy and not any specific prohibitions. This would make the injunction overly broad. Procedural Due process also requires that a person be given the right to a fair hearing before rights guaranteed to him are taken away. Here, the injunction granted against Ronan taking away his fundamental right to free speech was given without proper notice and the right to a fair hearing. Therefore, it violates procedural due process.</description>
		<content:encoded><![CDATA[<p>D. While one can be prevented from speaking if it may lead to the break out of imminent violence creating a threat to law and order disturbing the peace. The test applied by the SC is strict scrutiny where the state has to show action that is narrowly tailored to achieve a specific state interest. Here, the injunction granted is overly broad. It only states general prohibitions such as disturb or annoy and not any specific prohibitions. This would make the injunction overly broad. Procedural Due process also requires that a person be given the right to a fair hearing before rights guaranteed to him are taken away. Here, the injunction granted against Ronan taking away his fundamental right to free speech was given without proper notice and the right to a fair hearing. Therefore, it violates procedural due process.</p>
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	<item>
		<title>By: D</title>
		<link>http://barexambrief.com/2010/02/11/mbe-question-of-the-day-44/comment-page-1/#comment-883</link>
		<dc:creator>D</dc:creator>
		<pubDate>Fri, 12 Feb 2010 05:10:42 +0000</pubDate>
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		<description>D for differ</description>
		<content:encoded><![CDATA[<p>D for differ</p>
]]></content:encoded>
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	<item>
		<title>By: kb</title>
		<link>http://barexambrief.com/2010/02/11/mbe-question-of-the-day-44/comment-page-1/#comment-882</link>
		<dc:creator>kb</dc:creator>
		<pubDate>Fri, 12 Feb 2010 02:02:43 +0000</pubDate>
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		<description>B</description>
		<content:encoded><![CDATA[<p>B</p>
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	<item>
		<title>By: mimi</title>
		<link>http://barexambrief.com/2010/02/11/mbe-question-of-the-day-44/comment-page-1/#comment-881</link>
		<dc:creator>mimi</dc:creator>
		<pubDate>Fri, 12 Feb 2010 01:38:38 +0000</pubDate>
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		<description>answer b</description>
		<content:encoded><![CDATA[<p>answer b</p>
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