MBE Questions for Final Exam Questions with Correct Answers 100% Verified|
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A hotel employed a carefully selected independent contractor to rebuild its swimming pool. The
hotel continued to operate while the pool was being rebuilt. The contract between the hotel
and the contractor required the contractor to indemnify the hotel for any liability arising from
the contractor's negligent acts. A guest of the hotel fell into the excavation, which the
contractor had negligently left unguarded.
In an action by the guest against the hotel to recover for his injuries, what would be the most
likely outcome?
A. Liability, because the hotel had a nondelegable duty to the guest to keep a safe premises.
B. Liability, because the contract btwn the hotel and the contractor required the contractor to
indemnify the hotel for any liability arising from the contractors negligent acts
C. No liability, because the contractor was the actively negligent party
D. No liability, because the hotel exercised reasonabl A. Liability, because the hotel had a
nondelegable duty to the guest to keep a safe premises.
A man asked his girlfriend to lend him something he could use to break into his neighbor's
padlocked storage shed in order to steal a lawn mower. She handed him a crowbar. He took the
crowbar but then found a bolt cutter that the neighbor had left outside the shed. Using the bolt
cutter, he cut the padlock on the shed and took the mower, which he then used to mow his
girlfriend's lawn. She was surprised and pleased by this gesture. Burglary in the jurisdiction
applies to any structure or building, and there is no nighttime element. The girlfriend has been
charged as an accomplice to burglary and larceny. Of which crimes, if any, is she guilty?
A. Burglary and larceny.
B. Burglary, but not larceny, because she intended to assist only in the breaking.
C. Larceny, but not burglary, because she provided no actual assistance to the breaking but
received a benefit from the larceny.
D. Neither burglary nor larceny, because A. Burglary and larceny.
,An elderly neighbor hired a 17-year-old boy with a reputation for reckless driving to drive the
neighbor on errands once a week. One day the teenager, driving the neighbor's car, took the
neighbor to the grocery store. While the neighbor was in the store, the teenager drove out of
the parking lot and headed for a party on the other side of town.
While on his way to the party, the teenager negligently turned in front of a moving car and
caused a collision. The other driver was injured in the collision.
The injured driver has brought an action for damages against the neighbor, based on negligent
entrustment, and against the teenager.
The jury has found that the injured driver's damages were $100,000, that the injured driver was
10% at fault, that the teenager was 60% at fault, and that the neighbor was 30% at fault for
entrusting his car to the teenager.
Based on these damage and responsibility amounts, what is the B. $90,000
A motorist lapsed into unconsciousness while driving. Her car crossed the center line, which
was marked with a double yellow line. A statute made it illegal for any person operating a
motor vehicle on highways of the state to cross a double yellow line. The motorist's car collided
with another vehicle, and the driver of that vehicle was seriously injured. The driver sued the
motorist for his injuries. At trial, the parties stipulated to the above facts. The motorist testified
that she had not previously lapsed into unconsciousness while driving. At the close of the
evidence, the driver moved for a directed verdict in his favor.
How should the court rule?
A. Grant the motion, b/c the motorists vehicle crossed into the drivers lane and caused the
drivers injuries
B. Grant the motion, b.c the driver was established negligence per se from the violation of an
applicable statute that was intended to prevent the type of ha C. Deny the motion, because
, the jury could find that the motorist had no reason to believe that she would lapse into
unconsciousness
During a nationwide trucker's strike, striking drivers committed repeated acts of violence
against independent truckers and railroad shipments that had replaced truck transportation.
This prompted Congress to enact an emergency measure directing the President to dispatch
United States Army troops to specified cities and rail and highway locations to preserve order
and ensure the continued flow of commerce.
Is this enactment constitutional?
A. No b/c it infringes on the Presidents authority to faithfully execute the laws of the US
B. No b/c it infringes on the Presidents authority as Commander in chief of the armed forces
C. Yes, under Congress's power to regulate commerce
D. Yes, under Congress's power to raise and support the armed forces B. No b/c it infringes
on the Presidents authority as Commander in chief of the armed forces
Congress enacted a statute that provided for direct money grants to the various states to be
distributed by them to police agencies within their jurisdictions for the purpose of purchasing
gas-efficient patrol vehicles. One of the objectives of the statute was to help reduce the
dependency of the US on imported oil
Which of the following would provide the best constitutional justification for the statute?
A. The commerce clause
B. The power to tax and spend for the general welfare
C. the necessary and proper clause
D. The power to conduct the foreign relations of the US B. The power to tax and spend for
the general welfare
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A hotel employed a carefully selected independent contractor to rebuild its swimming pool. The
hotel continued to operate while the pool was being rebuilt. The contract between the hotel
and the contractor required the contractor to indemnify the hotel for any liability arising from
the contractor's negligent acts. A guest of the hotel fell into the excavation, which the
contractor had negligently left unguarded.
In an action by the guest against the hotel to recover for his injuries, what would be the most
likely outcome?
A. Liability, because the hotel had a nondelegable duty to the guest to keep a safe premises.
B. Liability, because the contract btwn the hotel and the contractor required the contractor to
indemnify the hotel for any liability arising from the contractors negligent acts
C. No liability, because the contractor was the actively negligent party
D. No liability, because the hotel exercised reasonabl A. Liability, because the hotel had a
nondelegable duty to the guest to keep a safe premises.
A man asked his girlfriend to lend him something he could use to break into his neighbor's
padlocked storage shed in order to steal a lawn mower. She handed him a crowbar. He took the
crowbar but then found a bolt cutter that the neighbor had left outside the shed. Using the bolt
cutter, he cut the padlock on the shed and took the mower, which he then used to mow his
girlfriend's lawn. She was surprised and pleased by this gesture. Burglary in the jurisdiction
applies to any structure or building, and there is no nighttime element. The girlfriend has been
charged as an accomplice to burglary and larceny. Of which crimes, if any, is she guilty?
A. Burglary and larceny.
B. Burglary, but not larceny, because she intended to assist only in the breaking.
C. Larceny, but not burglary, because she provided no actual assistance to the breaking but
received a benefit from the larceny.
D. Neither burglary nor larceny, because A. Burglary and larceny.
,An elderly neighbor hired a 17-year-old boy with a reputation for reckless driving to drive the
neighbor on errands once a week. One day the teenager, driving the neighbor's car, took the
neighbor to the grocery store. While the neighbor was in the store, the teenager drove out of
the parking lot and headed for a party on the other side of town.
While on his way to the party, the teenager negligently turned in front of a moving car and
caused a collision. The other driver was injured in the collision.
The injured driver has brought an action for damages against the neighbor, based on negligent
entrustment, and against the teenager.
The jury has found that the injured driver's damages were $100,000, that the injured driver was
10% at fault, that the teenager was 60% at fault, and that the neighbor was 30% at fault for
entrusting his car to the teenager.
Based on these damage and responsibility amounts, what is the B. $90,000
A motorist lapsed into unconsciousness while driving. Her car crossed the center line, which
was marked with a double yellow line. A statute made it illegal for any person operating a
motor vehicle on highways of the state to cross a double yellow line. The motorist's car collided
with another vehicle, and the driver of that vehicle was seriously injured. The driver sued the
motorist for his injuries. At trial, the parties stipulated to the above facts. The motorist testified
that she had not previously lapsed into unconsciousness while driving. At the close of the
evidence, the driver moved for a directed verdict in his favor.
How should the court rule?
A. Grant the motion, b/c the motorists vehicle crossed into the drivers lane and caused the
drivers injuries
B. Grant the motion, b.c the driver was established negligence per se from the violation of an
applicable statute that was intended to prevent the type of ha C. Deny the motion, because
, the jury could find that the motorist had no reason to believe that she would lapse into
unconsciousness
During a nationwide trucker's strike, striking drivers committed repeated acts of violence
against independent truckers and railroad shipments that had replaced truck transportation.
This prompted Congress to enact an emergency measure directing the President to dispatch
United States Army troops to specified cities and rail and highway locations to preserve order
and ensure the continued flow of commerce.
Is this enactment constitutional?
A. No b/c it infringes on the Presidents authority to faithfully execute the laws of the US
B. No b/c it infringes on the Presidents authority as Commander in chief of the armed forces
C. Yes, under Congress's power to regulate commerce
D. Yes, under Congress's power to raise and support the armed forces B. No b/c it infringes
on the Presidents authority as Commander in chief of the armed forces
Congress enacted a statute that provided for direct money grants to the various states to be
distributed by them to police agencies within their jurisdictions for the purpose of purchasing
gas-efficient patrol vehicles. One of the objectives of the statute was to help reduce the
dependency of the US on imported oil
Which of the following would provide the best constitutional justification for the statute?
A. The commerce clause
B. The power to tax and spend for the general welfare
C. the necessary and proper clause
D. The power to conduct the foreign relations of the US B. The power to tax and spend for
the general welfare
