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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 statute required all teachers in the public school system who taught any theory of human origin based on Darwinian theory to also teach theories based on established religious doctrines. A public school teacher in the state, who satisfied the requirements of standing and who refused to teach religious theories of human origin, challenged the constitutionality of the statute.

Is the statute constitutional?

(A) Yes, it is constitutional because there is no entanglement of church and state.
(B) Yes, it is constitutional because the state has an obligation to present to students all sides of a field of learning as important as human origin.
(C) No, it is unconstitutional because the state has no right to control school curriculum.
(D) No, it is unconstitutional as an establishment of religion.

Reveal the Answer

The Answer is D.

Here's why. 

Prohibiting of the teaching of “divine creation science” violates the Establishment Clause of the First Amendment because the statute’s purpose is to advance the doctrine of religious fundamentalists (secular humanism). See Edwards v. Aguillard, 476 U.S. 1103 (1987). Therefore, choice (D) is correct.

Choices (A), (B), and (C) do not address an establishment of religion theory, which is the one constitutional argument with which the statute potentially may be struck down. They are also inaccurate statements of the law.

© Pieper Bar Review


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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