Majority and common-law rules tested on the Multistate Bar Examination, with the Federal Rules of Evidence and Civil Procedure where they govern. One topic per MBE subject, weighted to follow the NCBE subject matter outline. Rule statements, elements and defences — the recall layer that multiple-choice questions are built on.
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Judicial review and justiciability, separation of powers, federalism, and individual rights. About half of the MBE's Constitutional Law questions come from individual rights, so due process, equal protection and the First Amendment carry the most weight here.
73 total questions
Card #1
Standing — the three constitutional requirements
Card #2
Ripeness compared with mootness
Card #3
The adequate and independent state ground doctrine
1. A state statute forbids the sale within the state of milk packaged outside the state, while permitting sale of identically packaged in-state milk. How will a court most likely treat the statute under the dormant Commerce Clause?
2. Which showing must a private plaintiff make before a federal court may hear their constitutional challenge?
3. A city ordinance bans all leafleting in a public park in order to reduce litter. How is the ordinance best analysed?
1. A law that classifies people on the basis of race is reviewed under ___ scrutiny.
Hint: The most demanding tier
2. To satisfy standing, a plaintiff must show an injury in fact, causation, and ___.
Hint: A favourable ruling would remedy the injury
3. Under the Takings Clause, private property may not be taken for public use without ___ compensation.
Hint: One word, from the constitutional text
