MBE

Question 1

Shopper slipped and fell in a grocery store

Should the court allow the doctor to implead the grocery store?

Answer 1

D - Yes, because the fact-finder could assign some of the responsibility for the shopper’s injuries to the grocery store.

Question 2

Mentally ill D picked up rock and struck plaintiff

If the plaintiff asserts a claim against the defendant based on battery, which of the following, if supported by evidence, will be the defendant’s best defense?

Answer 2

C - The defendant did not know that he was striking a person

Question 3

D threatens neighbor because trying to sell to minority purchaser

If the neighbor asserts a claim against the defendant for assault, the neighbor will

Answer 3

C - Not recover because the defendant took not action that threatened immediate physical harm to the neighbor

Question 4

D threatens neighbor because trying to sell to minority purchaser

If the neighbor asserts a claim against the defendant for intentional infliction of emotional distress the neighbor will

Answer 4

A - recover, if the neighbor suffered severe emotional distress as a consequence of the defendant’s conduct.

Question 5

Host pointed an unloaded revolver

In an action brought by the guest against the host for assault, will the guest be likely to prevail?

Answer 5

B - No, because the host did not put her guest in apprehension of an imminent contact.

Question 6

A farmer kept antiques in an uninhabited farmhouse… 10 year old girl

In an action on behalf of the child against the farmer to recover for the injury to her nose, is the child likely to prevail?

Answer 6

D - Yes, because the farmer used excessive force

Question 7

Section 1 of the Vehicle Code… pedestrian walking around truck

If the pedestrian asserts a claim against the trucker, the most likely result is that the pedestrian will

Answer 7

B - prevail, because the probable purpose of Section 2 of the Vehicle Code of State was to safeguard pedestrians in using the crosswalk

Question 8

The defendant parked her car in violation of a city ordinance that prohibits parking within 10 feet of a fire hydrant… passenger injured by side swipe

If the plaintiff asserts a claim against the defendant to recover damages for his injuries, basing his claim on the defendant’s violation of the parking ordinance, will the plaintiff prevail?

Answer 8

D - No, because the prevention of traffic accidents was not a purpose of the ordinance

Question 9

A patient had been under the care of a cardiologist for three years…
- surgery then died

the administrator of the patient’s estate thereafter filed a wrongful death action against the surgeon… In this action, the plaintiff should

Answer 9

C - not prevail, because there is no evidence that a cardiologist would have provided advice that would have changed the outcome if one had examined the patient before the operation

Question 10

While on a hiking trip during the late fall… cabin trespasser case

If the plaintiff asserts a claim against the defendant for her injury, will she recover?

Answer 10

C - No, because the defendant had no reason to anticipate the plaintiff’s presence in the cabin

Question 11

A man rented a car from a care rental agency…
hidden car bomb case

In a negligence action by the man against the car rental agency, is the man likely to prevail?

Answer 11

No, because the rental agency could not have reasonably foreseen the likelihood of someone placing a bomb in the car it was about to rent to the man

Question 12

A bright 12-year-old child attended a day-care center… fell in ice

In a suit brought on the child’s behalf against the corporation and based only on the facts above, who is likely to prevail?

Answer 12

C - The corporation, because the danger of thin ice may reasonably be expected to be understood by a 12-year-old child

Question 13

A college student purchased a large bottle of No-Flake dandruff shampoo… friend got skin problem.

Which one of the following would constitute a defense for the shampoo company?

Answer 13

D - the product was substantially changed from the condition in which it was sold.

Question 14

A college student purchased a large bottle of No-Flake dandruff shampoo… friend got skin problem.

If the roommate asserts a claim against the college student for his dermatitis injuries, the college student’s best defense will be that

Answer 14

A - the roommate was contributorily negligent

Question 15

Two parents purchased a new mobile home from a seller…
- Problem with ventilator and baby

If the child’s claim against the seller is based on negligence, the minimum proof necessary to establish the seller’s liability is that the ventilating system

Answer 15

D - was defective, and the defect would have been discovered if the seller had exercised reasonably care in inspecting the system

Question 16

A city ordinance makes it unlawful to park a motor vehicle on a city street within 10 feet of a fire hydrant… guy goes into bank

If the city asserts a claim against the driver for the damage to the fire hydrant and the driver was negligent in swerving his car, his negligence is

Answer 16

A - a cause in fact and a legal cause of the city’s harm

Question 17

A truck driver was driving along a lonely road on a very cold night… drunk guy gets hit by car

If the man asserts a claim against the traveler, will the many prevail?

Answer 17

A - Yes, because the traveler was negligent in going off the road.

Question 18

Two lawyers work as partners in a small town… failed to file complete within SoL

In order to establish a breach of the standard of care owed to her by the partners, the client

Answer 18

C - can rely on the application of the jurors’ common knowledge as to whether there was a breach

Question 19

A male employee who worked at a psychiatric hospital had sexual relations with a patient…

Is the patient likely to prevail?

Answer 19

D - Yes, because the hospital failed to use reasonable care to protect the patient from such conduct

Question 20

A storekeeper who owns a large hardware store sells power saws…
Employee of purchaser gets hurt

If the employee was injured while cutting plywood when the shaft holding the saw blade came loose when a bearing gave way… and if the employee asserts a claim based on strict liability in tort against Power Saw Company, the employee will probably

Answer 20

D - not recover, because the saw has been rebuilt by the storekeeper

Question 21

A storekeeper who owns a large hardware store sells power saws…
Employee of purchaser gets hurt

the employee was injured while cutting plywood… If the employee asserts a claim based on strict liability in tort against the storekeeper, the employee probably will

Answer 21

C - recover because the employee did not know that the shaft was coming loose.

Question 22

A storekeeper who owns a large hardware store sells power saws…
Employee of purchaser gets hurt

If the employee was cutting a sheet of plywood.. and if the employee asserts a claim against the storekeeper, the theory on which the employee is most likely to prevail is

Answer 22

A - strict liability in tort

Question 23

A storekeeper who owns a large hardware store sells power saws…
Employee of purchaser gets hurt

If the employee was injured… and if the purchaser asserts a claim based on strict liability in tort against the storekeeper for loss of business because of the injury to the employee, the purchase probably will

Answer 23

A - not recover, because economic loss from injury to an employee is not within the scope of the storekeepers’ duty

Question 24

A college student purchased a large bottle of No-Flake dandruff shampoo… friend got skin problem.

Based upon the foregoing facts, if the roommate sues the shampoo company to recover damages for his dermatitis, his most promising theory of liability will be that the No-Flake shampoo

Answer 24

D - was inadequately labeled to warn of its dangers

Question 25

An established cemetery sells “pre-need” funeral plans… former employee steals business

Should the court grant the motion (summary)

Answer 25

B - No, because the former employee could be found by a jury to have intentionally and improperly interfered with the established cemetery’s contract

Question 26

A company set up a website for the advertisement of goods and services…

In a negligence action brought by the homeowner against the company, what will be the company’s strongest defense?

Answer 26

A - The company had no duty to the homeowner

Question 27

A trucker driving down an isolated country road late one night struck cattle… Res Ipsa strict liability

Should the trial court allow the case to go to the jury with a res ipsa loquitur instruction?

Answer 27

D - Yes, because the jury could conclude that cattle would not ordinarily escape a strong, secure cattle pen in the absence of negligence.

Question 28

A man rented a beach house for a weeklong vacation.. fell down unlit stairs

If the action proceeds to trial, which of the following would be an appropriate (paraphrased) instruction for the court to give to the jury?

Answer 28

B - “If you conclude that the owner failed to provide reasonably safe premises, but the man knowingly and voluntarily chose to encounter the risk of falling on the darkened stairs, then you must find for the owner.”

Question 29

An experienced construction company purchased sand in bulk from a distributor… concrete column case.

Do the injured building occupants have viable strict liability claims against the sand distributor?

Answer 29

B - No, because the distributor neither advised nor participated with the construction company in determining the mixture of sand, water, and cement

Question 30

A trucking company employed nine salaried dispatchers to ensure that its truck fleet… dispatcher claims emotional distress from overwork

How should the court rule on the motion (SJ)

Answer 30

C - Grant the motion, because the dispatcher suffered no physical injury

Question 31

A manufacturer entered into a five-year contract with a distributor to supply…
Misrepresented truth about withdrawing from State

Does the distributor have a viable fraud claim against the manufacturer?

Answer 31

C - Yes, because the manufacturer denied that it had a withdrawal plan when the distributor asked about it at the time the contract was formed