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MBE QUESTIONS FOR FINAL Questions and
Correct Answers/ Latest Update / Already Graded
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
Ans: 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
© 2025/ 2026 | ® All rights reserved
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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
Ans: 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
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Ans: 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
Ans: 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.
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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
Ans: 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
Ans: (d) the Commission lacks authority to enforce its standards because not all
of its members were appointed by the President.
© 2025/ 2026 | ® All rights reserved
MBE QUESTIONS FOR FINAL Questions and
Correct Answers/ Latest Update / Already Graded
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
Ans: 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
© 2025/ 2026 | ® All rights reserved
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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
Ans: 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
© 2025/ 2026 | ® All rights reserved
, 3 | Page
Ans: 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
Ans: 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.
© 2025/ 2026 | ® All rights reserved
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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
Ans: 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
Ans: (d) the Commission lacks authority to enforce its standards because not all
of its members were appointed by the President.
© 2025/ 2026 | ® All rights reserved
