MBE QUESTIONS FINAL EXAM

The defendant parked her car in violation of a city ordinance that prohibits parking within 10 feet of a fire hydrant. The city ordinance was enacted solely to allow firefighters quick access to the hydrants in the case of an emergency. Because a man was driving negligently, his car sideswiped the defendant's parked car. The plaintiff, a passenger in the man's car, was injured in the collision. The plaintiff would not have been injured if the defendant was not parked by the fire hydrant. 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? A: Yes, because the defendant was guilty of negligence per see. B: Yes, because the plaintiff would not have been injured had the defendant's car not been parked where it was. C: No, because the defendant's parked car was not an active or effi - Correct Answer-D: No, because the prevention of traffic accidents was not a purpose of the ordinance. A mother rushed her eight-year-old daughter to the emergency room at a local hospital after the child fell off her bicycle and hit her head on a sharp rock. The wound caused by the fall was extensive and bloody. The mother was permitted to remain in the treatment room, and held the child's hand while the emergency room physician cleaned and sutured the wound. During the procedure, the mother said that she was feeling faint and stood up to leave the room. While leaving the room, the mother fainted and, in falling, struck her head on a metal fixture that protruded from the emergency room wall. She sustained a serious injury as a consequence. If the mother sues the hospital to recover damages for her injury, will she prevail? A: Yes, because the mother was a public invitee of the hospital's. B: Yes, because the fixture was not an obvious, commonly used, and essential part of the hospital's equipment. C: No, because the - Correct Answer-C: No, because there is no evidence that the hospital's personnel failed to take reasonable steps to anticipate and prevent the mother's injury. A man's car sustained moderate damage in a collision with a car driven by a woman. The accident was caused solely by the woman's negligence. The man's car was still drivable after the accident. Examining the car the next morning, the man could see that a rear fender had to be replaced. He also noticed that gasoline had dripped onto the garage floor. The collision had caused a small leak in the gasoline tank. The man then took the car to a mechanic, who owns and operates a body shop, and arranged with the mechanic to repair the damage. During their discussion the man neglected to mention the gasoline leakage. Thereafter, while the mechanic was loosening some of the damaged material with a hammer, he caused a spark, igniting vapor and gasoline that had leaked from the fuel tank. The mechanic was severely burned. The mechanic has brought an action to recover damages against the man and woman. The jurisdiction has ad - Correct Answer-D: Yes, because the mechanic's injury was a proximate consequence of the woman's negligent driving. a trucker was making a delivery to a market that is located on the northeast corner of the intersection of Pine and Maple, both one-way streets. Traffic runs northbound on Maple and eastbound on Pine. Both streets have 2 stoplights each for oncoming traffic. At the time of delivery, there was insufficient space for the truck and its enclosed trailer in front of the market, so the trucker parked in such a way that the trailer extended entirely across the crosswalk on the north side of the intersection, obscuring the northeast traffic light that controlled oncoming eastbound traffic on Pine. Unknown to the trucker, the traffic light on the southeast corner of Pine had been knocked to the ground. A woman, driving east towards the intersection, could not see the red traffic light for eastbound traffic because the trucks trailer was blocking it. A man driving north entered the intersection without looking both ways and - Correct Answer-C. both an actual and a legal cause of the mans injuries A defendant and a sports fan were engaged in a heated discussion over the relative merits of their favorite professional football teams when the defendant said, "You have to be one of the dumbest people around." The sports fan slapped the defendant. The defendant drew a knife and stabbed the sports fan in the stomach. Other people then stepped in and stopped any further fighting. Despite the pleas of the other people, the sports fan refused to go to a hospital or to seek medical treatment. About two hours later, he died as the result of a loss of blood. The defendant was charged with the murder of the sports fan. At trial, medical evidence established that if the sports fan had been taken to a hospital, he would have survived. At the end of the case, the defendant moves for a judgment of acquittal or, in the alternative, for an instruction on the elements of voluntary manslaughter. The court should A: grant the mo - Correct Answer-B: deny the motion for acquittal, but instruct on manslaughter because there is evidence of adequate provocation. The Federal Automobile Safety Act established certain safety and performance standards for all automobiles manufactured in the United States. The Act creates a five member "Automobile Commission" to investigate automotive safety, to make recommendations to Congress for new laws, to make further rules establishing safety and performance standards, and to prosecute violations of the act.The chairman is appointed by the President, two members are appointed by the President pro tempore of the Senate, and two members are appointed by the Speaker of the House.A minor U.S. car manufacturer seeks to enjoin enforcement of the Commission's rules.The best argument that the car manufacturer can make is that (a) legislative power may not be delegated by Congress to an agency in the absence of clear guidelines; (b) The Commerce Power does not extend to the manufacture of automobiles not used in interstate commerce; (c) the car m - Correct Answer-(d) the Commission lacks authority to enforce its standards because not all of its members were appointed by the President. In order to provide funds for a system of new major airports near the ten largest cities in the United States, Congress levies a tax of $25 on each airline ticket issued in the United States. The tax applies to every airline ticket, even those for travel that does not originate in, terminate at, or pass through any of those ten large cities. As applied to the issuance in the United States of an airline ticket for travel between two cities that will not be served by any of the new airports, this tax is A. constitutional, because Congress has broad discretion in choosing the subjects of its taxation and may impose taxes on subjects that have no relation to the purpose for which those tax funds will be expended. B. unconstitutional, because the tax adversely affects the fundamental right to travel. C. constitutional, because an exemption for the issuance of tickets for travel between cities that will not be served by - Correct Answer-A. constitutional, because Congress has broad discretion in choosing the subjects of its taxation and may impose taxes on subjects that have no relation to the purpose for which those tax funds will be expended. The plaintiffs, a retired couple, had lived in their home in a residential neighborhood for 20 years when the defendants, a family of six, moved into the house next door and built a swimming pool in the back yard. The family's four young children frequently played in the pool after school. They often were joined by other neighborhood children. The plaintiffs were in the habit of reading and listening to classical music in the afternoons. Sometimes they took naps. The boisterous sounds of the children playing in the pool disturbed the plaintiffs' customary enjoyment of quiet afternoons. In the plaintiffs' nuisance action for damages against the defendants, the plaintiffs should A: prevail, because the children's noise constituted a substantial interference with the plaintiffs' use and enjoyment of their home. B: prevail, because the the plaintiffs' interest in the quiet enjoyment of their home takes precedence in ti - Correct Answer-C: not prevail, because the noise did not constitute a substantial and unreasonable disturbance to persons of normal sensibilities. Airco operates an aircraft maintenance and repair business serving the needs of owners of private airplanes. Flyer contracted with Airco to replace the engine in his plane with a more powerful engine of foreign manufacture. Airco purc