MEE - Bar Drills Exam

Question 1

Negligence:

Answer 1

In order to establish a negligence claim, a party must prove the elements of duty, breach, causation, and damages.

Question 2

Duty:

Answer 2

A legal obligation that requires a person to conform their actions to a particular standard of care to protect others from unreasonable risks of harm.

The standard of care is typically that of a “reasonable person” under similar circumstances.

For professionals like doctors or lawyers, the standard is based on what other competent professionals in that filed would do in similar situations.

Question 3

Breach:

Answer 3

A breach occurs when a person or entity fails to exercise the level of care required by their duty to another party.

To establish a breach, the plaintiff must show that the defendant’s conduct failed to meet the applicable standard of care.

Question 4

Causation:

Answer 4

Causation can be either actual or proximate cause.

Actual cause is established using the “but-for” test. It evaluates whether the injury would have occurred without the defendant’s actions or omissions. If the injury would not have happened but for the defendant’s conduct, then factual cause is established.

Proximate cause refers to a cause that is legally sufficient to find the defendant liable. It limits the scope of liability to consequences that have reasonable connection to the defendant’s actions.

Question 5

Damages:

Answer 5

Damages are the monetary compensation awarded to a plaintiff to compensate for losses or injuries caused by the defendant’s wrongful actions.

Question 6

Trespass:

Answer 6

Trespass is an intentional tort. Trespass is the unauthorized entry onto the land of another.

The defendant must have intended to enter the land, even if they did not intend to trespass on someone else’s property.

Question 7

Injunction:

Answer 7

An injunction is a court order that requires a party to either do or refrain from doing a specific act.

To obtain an injunction, the plaintiff typically must demonstrate:

• irreparable harm if the injunction is not granted
• the threatened injury outweighs any harm to the defendant
• substantial likelihood of success on the merits of the case
• the injunction is not adverse to public interest

Question 8

Types of Injunctions:

Answer 8

(a) prohibitory - order a party to refrain from doing something

(b) mandatory - require a party to take a specific action

(c) temporary/preliminary - short-term orders issued before or during a trial

(d) permanent - issued as final judgments after a trial

(e) quia timet - used when a tort has not yet occurred but is anticipated