MBE Tip of the Day: Constitutional Law

Answer to the Constitutional Law MBE Question

Subject: Constitutional Law

Legal Issue: Judicial review and original jurisdiction

Legal Rule and Analysis: There are constitutional limits on what kinds of claims between which parties can be brought in which courts.  The 11^th Amendment prohibits a private individual from suing a state for money damages or injunctive relief in federal court (unless there is consent by the state or by Congress).  This is called sovereign immunity.  The rationale behind this rule is that states should not have cases that involve the state decided by federal courts.  The states can decide these issues.

Besides commenting on sovereign immunity, the Constitution also addresses the Supreme Court’s role in these cases.  The Constitution grants original jurisdiction to the Supreme Court over any case that involves ambassadors, public ministers, consuls, or where the state is a party plaintiff against an alien citizen.

In this case, the woman wants to sue the state for breach of contract.  This means that the state would be a party to the case.  As such, federal courts would not have original jurisdiction over this type of claim.  Rather, it is more appropriate for a state to hear the claim.  Since the state is not a party plaintiff in this case, the Supreme Court’s original jurisdiction would not apply here.

Conclusion: The state court only would have original jurisdiction over this claim.

Look at the answer choices provided. Choose an answer choice that matches your conclusion. Review the other answer choices provided. 

The answer choice (A) is therefore correct. (B) is incorrect because it does not recognize that the concept of sovereign immunity would prevent this case from being heard in federal court.  (C) is incorrect because it does not recognize that the state court would have original jurisdiction.  Further, the state is not a party plaintiff, so the Supreme Court would not have original jurisdiction. (D) is incorrect for the same reason as (B).  Sovereign immunity prevents a private individual from suing a state for money damages or injunctive relief in federal court.

MBE Tip: Experiment with how you read MBE questions.  While we generally don’t advise students to ever read the answer choices before the fact pattern, some students do find it helpful to read the call of the question before the fact pattern, as you would for an essay question.  We don’t always find that this saves time (starting from the beginning and reading straight through is usually most efficient), there are some questions where reading the fact pattern first sends your thought process in the opposite direction of what the call of the question ultimately asks.  Thus, maybe you are a bar exam taker who would have more success with reading the call of the question first.  Practice MBE questions both ways to see what works best for you!