MBE MEE questions issues of law

Question 1

T or F The defamatory meaning of a statement must be communicated, meaning that the utterance must be understood by the third person.

Answer 1

True

Question 2

T or F, words spoken in a foreign language are always actionable for defamation purposes regardless if the third party understands it.

Answer 2

False, in general words spoken in a foreign language will not be actionable unless heard by someone who understands the language.

Question 3

In most jurisdictions, the owner of a commercial enterprise open to invitees cannot…

Answer 3

delegate responsibility for the maintenance of the public premises to an independent contractor.

Question 4

T or F The Plaintiff is not required to resist a battery in order to preserve her cause of action if a reasonable person in her position would conclude that any attempt at resistance would lead to a further touching or confinement.

Answer 4

True

Question 5

T or f landowners are strictly liable for injuries to property on adjacent lands caused by abnormally dangerous activities conducted on their property.

Answer 5

true

Question 6

Even when a rescuer is negligent in acting, the negligent defendant will be liable unless it is shown that

Answer 6

The rescuer was wantonly reckless.

Question 7

T of F The examiners state that you are to assume joint and several liability applies unless told otherwise.

Answer 7

True

Question 8

If a rescue effort is foolish or reckless, it is deemed to be the sole legal cause of any additional injury resulting if

Answer 8

the injuries are divisible

Question 9

T or F Generally speaking, a bystander has no duty to come to the aid of someone in peril. However, if the bystander has created the peril, even if utterly accidentally and without intent or negligence, the bystander has a duty to use reasonable care to attempt a rescue.

Answer 9

true