Constitutional Law MBE Practice Test 2018
This begins a series of seven Bar Prep Hero 2018 prep tests that are each devoted to one of the seven subject matter areas tested on the Multistate Bar Examination. This prep test gives you 30 multiple-choice questions on Constitutional Law to assist you in becoming familiar with the kinds of Constitutional Law questions that appear on the MBE. When the question includes terms like “constitutional,” “unconstitutional,” or the “constitution,” these refer to the United States Constitution unless otherwise stated. The following 30 questions are designed to test your legal reasoning and analytic skills in solving factual problems arising in the constitutional law context. Choose the best answer considering the issues raised by the facts. U.S. Supreme Court precedent is always determinative, but where there is no clear precedent select your answer based on generally accepted fundamental legal principles. Where more than one principle may apply, choose the one that is adopted by a majority of the courts that have taken up the issue.
The best answer is based on several factors, such as which one best resolves the conflict, makes the most common sense, is the most reasonable and logically consistent, and brings about a result that is not outrageous or glaringly unjust. Most importantly, you must choose the answer that is most closely based on applying the applicable legal principles to the facts to resolve the issue(s) identified.
The Multistate Bar Examination, prepared and distributed by the National Conference of Bar Examiners (NCBE), is a six-hour test that consists of 200 multiple-choice questions. The questions deal with seven practice areas: Civil Procedure, Constitutional Law, Contracts, Criminal Law & Procedure, Evidence, Real Property, and Torts. You can read the “Subject Matter Outline” for each of the seven subjects on the website of the NCBE. Thus, for example, the NCBE explains that about half of the Constitutional Law questions on the MBE will be devoted to the category of Individual rights, which includes state action, equal protection, due process, takings, other protections and First Amendment freedoms. The remaining questions deal generally with such subjects as the nature of judicial review, the separation of powers, and the relation of nation and states in a federal system. We have designed the Bar Prep Hero Constitutional Law MBE prep test to reflect generally the same proportions of questions as stated in the NCBE Outline. So, as always, stay relaxed and focused, and enjoy increasing your skills for the MBE!