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November 08 2018 Bar Review News By Pieper Bar Review
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The Multistate Bar Exam (MBE) is the multiple-choice section of the Uniform Bar Exam (UBE). It's a six-hour examination featuring 200 multiple-choice questions, testing examinees' abilities to apply fundamental legal principles and reasoning to given fact patterns.

Such a comprehensive exam demands an equally rigorous preparation regimen. Besides enrolling in a bar review course, the most effective study method for the Multistate Bar Exam is to answer practice questions.

Yeah, we know: easier said than done. Fitting this into an already packed schedule of intensive studies and related assignments, the responsibilities accompanying a job, and all the countless duties and unpredictable situations of personal and home life—whether that's caring for an elderly family member, children, or just the daily rigmaroles—can sound overwhelming.

With Pieper Bar Review, however, it doesn't have to be.

Pieper Bar Review's Question of The Day

Pieper's Question of the Day is convenient, and most importantly, effective. By signing up, you'll receive one free sample MBE question delivered to your email inbox, daily. You can either answer the question first thing in the morning, save it till you get a free moment during the day, or take this helpful quiz right before you go to bed at night. It's all up to you.

Answering these useful practice questions provides a constant, daily refresher on essential factoids you'll be tested on when it counts most. Their accessibility and portability means you can get crucial study time in wherever, and whenever, is best for you.

Pieper Bar Review's Question of the Day enables you to:

  • Review recurrent themes that show up on the Uniform Bar Exam
  • Familiarize yourself with the formatting and verbiage of the questions
  • Apply process-of-elimination skills
  • Re-examine the material presented by your bar review course
  • Remain focused on your studies

With Pieper Bar Review's Question of the Day, preparing for MBE has never been more convenient! Register below for free, and have helpful MBE practice questions delivered to your inbox, daily! 

Today's Question:

CONSTITUTIONAL LAW

A state had a policy of hiring new state employees on a provisional basis for a six-month period. A new employee would be granted civil service status if the job performance was satisfactory and a permanent position became available. The state did not follow a consistent pattern with respect to termination of provisional employees; indeed, some were summarily terminated, while others were given hearings upon notice, during which their job performance as provisional employees was discussed. A provisional employee who was terminated without a hearing challenged the constitutionality of the state’s action.

Should the court rule in favor of the employee?

  1. Yes, because the state’s action amounts to a bill of attainder.
  2. Yes, because the inconsistent nature of the state’s discharge procedure denies her equal protection of the law.
  3. No, because the employee does not have a right to notice and a hearing protected by the Due Process Clause of the Fourteenth Amendment.
  4. No, because a state’s procedure with respect to state employees is a matter reserved to the state under the Tenth Amendment.
Reveal the Answer

The Answer is C.

Here's why.  

An employee who has no expectation of continued employment has no due process rights regarding termination. Here, because provisional employees have no expectation of a permanent job when they are hired by the state, they have no property right and therefore no entitlement to a hearing. Therefore, choice (C) is correct.

Choice (A) is incorrect because a bill of attainder is the punishment of an individual by a legislative act.

Choice (B) is incorrect because where an employee has no property right to employment, the state’s discharge procedure need not be consistent.

Choice (D) is likewise incorrect because the state does not need constitutional authority for its discharge procedure if no property right exists.


About the author

Pieper Bar Review

For over forty years, Pieper Bar Review has taught students the legal concepts and skills necessary for success on the bar exam, and reinforced students’ knowledge through thought provoking examples and bar exam questions. The proof that the Pieper teaching method works is found in the success of our former students – now present-day attorneys. Learn more

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