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MBE Constitutional Law Study Guide

This document outlines the key topics covered on the MBE and MEE exams for Constitutional Law, including: judicial review, separation of powers, the relationship between the national and state governments, and individual rights like due process and equal protection. It provides an assessment of recall ability for different topics as good, average, or poor. Critical topics to focus on are listed, as well as an approach to analyzing constitutional issues that considers justiciability and the type of constitutional issue presented.

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343 views7 pages

MBE Constitutional Law Study Guide

This document outlines the key topics covered on the MBE and MEE exams for Constitutional Law, including: judicial review, separation of powers, the relationship between the national and state governments, and individual rights like due process and equal protection. It provides an assessment of recall ability for different topics as good, average, or poor. Critical topics to focus on are listed, as well as an approach to analyzing constitutional issues that considers justiciability and the type of constitutional issue presented.

Uploaded by

juser2007
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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CIVIL PROCEDURE

CONSTITUTIONAL
LAW

Personal Assessment & Big Picture Checklist


2019 MBE Subject Matter Outline
 Good Recall
 Ability to produce a good answer, better than the minimum
necessary to pass
 Average Recall
 Just minimum necessary to pass, remember name and a little bit
of information
 Poor Recall
 Ability to produce an answer that is not even close to passing,
familiar term
 Not Covered
 Did not cover in course or no recall
NCBE MBE & MEE Outlines

Identical
Federal Constitution unless indicated
 Constitution, Constitutional, Unconstitutional
MBE
 (1/2)
 Individual Rights
 (1/2)
 Judicial Review
 Separation of Powers
 Relation of Nation and States in Federal System
***Might have State Specific Rules***
TOPICS

I. Nature of Judicial Review


II. Separation of Powers
III. Relation of Nation and States in
Federal System
IV. Individual Rights
Critical Pass
 Federal Judicial Power
 Federal Legislative Powers (Congress’s Authority to Act)
 Federal Executive Power
 Federalism
 Protection of Individual Liberties
 Due Process
 Fundamental Rights
 Equal Protection
 1st Amendment Protections
 Lesser-Protected Categories of Speech
GP’s Approach
 Justiciable Case or Controversy? (RAMPSE)
 Ripeness
 Abstention
 Mootness
 Political Question
 Standing
 Eleventh Amendment

 What Kind of Constitutional Issue?


 Separation of Powers- Branches of Government
 Federal Legislative Powers
 State Interference with Federal System
 Individual Rights? (SSTRREPS)
 State Action- analyze first
 Speech (1st Amendment)
 Taking (5th Amendment)
 Religion
 Retroactive Legislation
 Equitable Protection
 Procedural Due Process
 Substantive Due Process

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