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