Lecture One introduces foundational concepts in Constitutional Law, addressing federalism, separation of powers, and core individual rights (Due Process, Equal Protection, and the Commerce Clause). It explains federalism's distribution of authority between federal and state governments, highlighting key Supreme Court cases like McCulloch v. Maryland and Gibbons v. Ogden. It also discusses the essential separation of powers principle, reinforced by landmark decisions such as Marbury v. Madison. Critical individual rights are examined, specifically procedural and substantive due process rights, equal protection standards, and the extensive interpretation of the Commerce Clause through landmark cases.
The lecture also covers fundamental professional responsibility topics guided by the ABA Model Rules of Professional Conduct, focusing on conflicts of interest, confidentiality, and attorney-client privilege. It emphasizes the ethical duties and obligations attorneys have toward their clients and the legal system. The lecture concludes with practical preparation strategies for the MBE and introduces structured methods for writing effective MEE essays, including sample questions and essay analyses.
Key Takeaways:
Constitutional Law:
Federalism: Federal government powers are enumerated explicitly; states hold reserved powers under the Tenth Amendment.
Separation of Powers: Legislative, executive, and judicial branches have distinct roles to prevent abuses of power.
Due Process: Protects individuals from unfair government deprivation of life, liberty, or property.
Equal Protection: Requires equal governmental treatment and scrutiny standards to evaluate discrimination.
Commerce Clause: Grants broad authority to Congress over activities significantly affecting interstate commerce.
Professional Responsibility:
ABA Model Rules: Set ethical standards for legal practice; adopted widely by state bar associations.
Conflicts of Interest: Attorneys must avoid or mitigate conflicts that impair professional judgment or client interests.
Confidentiality: Lawyers have an expansive duty to protect client information, with limited exceptions.
Attorney-Client Privilege: Specifically safeguards confidential communications meant to secure legal advice.
Exam Preparation:
Regularly practice MBE-style questions to build accuracy and analytical skills.
Employ the IRAC (Issue, Rule, Application, Conclusion) method systematically for MEE essays.
Understand ethical dilemmas deeply to clearly articulate duties in professional responsibility essays.
These key concepts form the foundation for your continued bar exam preparation.
