MBE QUESTIONS FOR FINAL with answers
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 - **🔰 VERIFIED
ANSWERS🔰 ✔✔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 - **🔰 VERIFIED ANSWERS🔰 ✔✔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 - **🔰 VERIFIED ANSWERS🔰 ✔✔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 - **🔰 VERIFIED ANSWERS🔰 ✔✔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 - **🔰 VERIFIED ANSWERS🔰 ✔✔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;
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 - **🔰 VERIFIED
ANSWERS🔰 ✔✔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 - **🔰 VERIFIED ANSWERS🔰 ✔✔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 - **🔰 VERIFIED ANSWERS🔰 ✔✔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 - **🔰 VERIFIED ANSWERS🔰 ✔✔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 - **🔰 VERIFIED ANSWERS🔰 ✔✔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;
