July 2019 · ORIGINAL INSTRUCTIONAL EXAMPLE

Essay 2: Constitutional Law & Remedies
Sample Answer & Question Pointers

July 2019 California Bar Examination · Fact-specific analysis, an issue outline, and pointers on the official question.

By Bar Exam Doctor · Published November 4, 2026

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This is an original, ungraded instructional response. It is not an official State Bar selected answer, a scored student submission, or a claim of attorney review. Use it to compare reasoning and organization after attempting the question. Alternative reasoned analyses may be possible.

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QUESTION 2 Clear City is home to 50 churches, one of which burned down earlier this year. Fire investigators suspected that the cause was a burning candle. Clear City has enacted an ordinance that prohibits burning candles in any church2 and authorizes the fire marshal to close down any church in which candle burning occurs. The Mayor told the press that Clear City would vigorously enforce the ordinance and that the fire marshal would randomly visit churches during their Sunday services to close down violators. The fire marshal visited six churches last Sunday, but did not visit the Clear City Spiritual Church (“SC”). Two of the six churches visited were burning candles, but were only issued warnings, not shut down. Immediately after visiting the last of the six churches, the fire marshal publicly announced that it was likely no further warnings would be issued to churches caught violating the ordinance. The fire marshal also announced that, due to a lack of personnel, these random visits would not resume for “at least eight weeks1.” The members of SC burn candles during Sunday services to signify spiritual light in the world. The day after the fire marshal’s announcements, SC gave notice3 to Clear City’s attorney that it would immediately sue Clear City in federal court seeking: (1) a temporary restraining order and a preliminary injunction to enjoin Clear City from enforcing the ordinance during the pendency of the lawsuit; and (2) a declaration that the ordinance violates the First Amendment. Clear City’s defense is that it has not taken any action and there is no controversy. 1. What is the likelihood of SC’s success in obtaining a temporary restraining order? Discuss. 2. What is the likelihood of SC’s success in obtaining a preliminary injunction? Discuss. 3. What is the likelihood of SC’s success in obtaining declaratory relief in its favor? Discuss. .

Before you write: issue outline

  1. Separate an existing credible threat supporting jurisdiction from an emergency requiring a TRO.
  2. Evaluate notice and the eight-week pause when comparing temporary and preliminary relief.
  3. Apply the 2019 free-exercise framework to an ordinance singling out churches.

1. Jurisdiction and a preenforcement controversy

SC raises a federal constitutional claim against a municipal ordinance, supporting federal-question jurisdiction. Article III still requires standing and an actual controversy rather than an advisory opinion. A plaintiff need not ordinarily violate a law and suffer a shutdown before challenging a credible threat of enforcement against its established conduct.

SC's members burn candles at Sunday services as part of their religious practice. The ordinance expressly forbids that conduct, the Mayor promised vigorous enforcement, and the marshal already visited churches and warned violators. The announced likelihood of no further warnings makes a future closure a credible risk. SC faces a choice between abandoning a religious practice and exposing itself to enforcement. An injunction or declaration would redress that injury.

The eight-week staffing delay does not repeal the ordinance or disavow future enforcement. It affects urgency, but the parties already disagree about the legality of a prohibition directed at SC's ongoing practice. The facts are sufficiently fixed to adjudicate the constitutional question; SC need not wait for a random inspection to make the issue ripe. Clear City's assertion that no action has been taken against this particular church therefore is not a complete jurisdictional defense. SC can also assert the interests of members whose religious exercise is affected, where the ordinary organizational-standing requirements are met.

2. Temporary restraining order

A TRO provides short emergency protection, commonly before a preliminary-injunction hearing can occur. The plaintiff must demonstrate an immediate threat of irreparable injury and the other equitable grounds for relief. An order issued without notice requires the particular factual and attorney-certification showings under Rule 65 and ordinarily expires within fourteen days absent a permitted extension. SC gave notice to the City's attorney, so an assertion that it necessarily seeks an ex parte order would be inaccurate. The emergency requirement remains relevant even with notice.

SC has a strong merits claim, discussed below, and interference with First Amendment exercise can be irreparable. But the marshal publicly announced that inspections would not resume for at least eight weeks because personnel were unavailable. A TRO normally bridges the much shorter time needed to hear the City and consider preliminary relief. There is little reason to believe a shutdown will occur during that immediate interval.

SC can argue that the ordinance remains in force, that a staffing announcement is not a binding promise, and that pressure to stop worship-related conduct operates now. Those considerations prevent treating the pause as automatic mootness. Nevertheless, absent evidence of some other imminent enforcement route or an immediate change in SC's practices, a court likely will deny emergency temporary relief for lack of an immediate injury before an orderly hearing. A denial on that ground does not resolve the merits or foreclose a preliminary injunction.

3. Preliminary injunction

A preliminary injunction generally requires likely success, likely irreparable harm without relief, a favorable balance of equities, and consistency with the public interest. Notice to the opponent and an opportunity to respond are required. The court should tailor the order and consider Rule 65's security requirement and any applicable discretion concerning its amount.

The enforcement pause leaves time for a noticed hearing, but the lawsuit likely will last longer than eight weeks. The explicit prospect of closure without another warning creates a meaningful threat during the litigation. SC does not have an adequate damages substitute for lost worship opportunities or a church shutdown. Unlike the short TRO horizon, the preliminary-injunction period naturally reaches the expected resumption of visits.

Fire safety is a substantial public concern, made concrete by the recent church fire. Yet enjoining this discriminatory restriction need not disable neutral fire-code enforcement or reasonable protection against dangerous open flames. An order preventing application of this church-specific ban can preserve SC's exercise while allowing lawful safety measures. With a strong merits showing and the threatened constitutional injury, SC is likely to obtain appropriately tailored preliminary relief. The pause may affect the hearing date and scope, rather than requiring the court to wait until the marshal is at the door.

4. Free exercise and declaratory relief

The First Amendment applies to municipal action through the Fourteenth Amendment. Under the free-exercise framework applicable to the 2019 problem, a neutral law of general applicability ordinarily could regulate conduct despite an incidental burden on religion. A law that targets religious practice or selectively burdens religious conduct instead faces strict scrutiny.

This ordinance prohibits candles in any church, rather than dangerous candle use in comparable buildings generally. Its coverage turns expressly on a religious setting. No comparable restriction on candles in restaurants, homes, clubs, or other assembly spaces is described. SC's candle use signifies spiritual light and is a sincere religious practice on the facts given; the court should not decide whether candles are theologically necessary.

The City has a legitimate and potentially compelling interest in preventing fires and protecting congregants. One suspected candle-caused fire explains its concern. The chosen classification nevertheless is underinclusive as a safety measure: it leaves equivalent secular fire risks unregulated. It also is overbroad in allowing closure for any candle use, without regard to protective containers, supervision, building conditions, or the degree of hazard. Neutral safety standards, inspections focused on genuine risks, and narrower restrictions are apparent less restrictive possibilities. The facts do not show why all church candle use must be prohibited while comparable secular activity remains unrestricted.

Random Sunday-service visits and threatened closure also impose a substantial practical burden, although a separate Fourth Amendment search claim is outside the stated First Amendment request. Courts need not infer hatred of religion to recognize a facially religion-specific rule. On this record the City is unlikely to satisfy strict scrutiny.

SC may also argue that the government is interfering with worship or singling religion out for unfavorable treatment under broader First Amendment principles. The central and sufficient analysis is free exercise and discriminatory treatment; government does not violate the Establishment Clause merely by allowing churches the same safe candle use as other groups. The answer should evaluate the exam under the governing historical framework rather than import later changes in establishment doctrine as though they were supplied 2019 facts.

Because the controversy is present and the ordinance likely unconstitutional, declaratory relief is likely appropriate. It would clarify the parties' rights before SC must choose between surrendering its practice and risking closure. The most persuasive overall result is a likely denial of an immediate TRO absent further urgency, followed by a strong prospect of a preliminary injunction and a declaration in SC's favor.

Sources and further comparison

The official question controls its facts and jurisdiction. These responses address the exam scenario; subsequent legal changes and other fact patterns may require a different analysis. The PT uses the supplied fictional Columbia library, which must not be replaced with outside law.