Answer To MBE Question From December 7th

(D) is correct.   Issue: Whether the pedestrian can recover under negligence per se against the truck driver.   Rule: Negligence per se applies if a statute codifies a duty for the benefit of a class of people.  Statutes can  create  a  special  duty  of  care  in  addition  to  or  in  place  of  the  general  […]

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See If You Can Answer This MBE Question

A local the traffic law makes it illegal for any vehicle to stop in the crosswalk. A pedestrian crossing the street had to walk away from the crosswalk in order to walk around a truck that was stopped in the crosswalk. Thereafter, the pedestrian was struck by another car that was driving five miles above […]

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Answer To MBE Question From December 5th

(C) is correct.   Issue: How will plaintiff’s own violation of a statute affect recovery?   Rule: Statutes can create a special duty of care in addition to or in place of the general duty of care under the “reasonable person standard”. A statute (criminal  or  civil) will give rise to a  special or specific […]

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See If You Can Answer This MBE Question!

A state’s traffic code makes it illegal for pedestrians to cross a street when there is a “do not cross” signal. A pedestrian wanted to cross the street, but a van parked in front the traffic control signal made it impossible for the pedestrian to see the sign. The sign was blinking the “do not […]

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Answer to MBE Question From December 3rd

(D) is correct.   Issue: Whether the father’s actions satisfies the elements of intentional infliction of emotional distress.   Rule: The elements of intentional infliction of emotional distress are: (i) defendant’s conduct must be  extreme  and  outrageous  transcending  all  bounds  of  decency  tolerated  by  society;  (ii) defendant must  intend  to  cause,  or  must  recklessly  disregard  […]

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See If You Can Answer This MBE Question!

A  father wanted the neighbor’s son to stay away from his daughter. One  day, when he saw the son speaking with his daughter, the father chased away the son and yelled at the neighbor from across the fence. The father shook his fist and threatened to throw the son over the fence if he ever […]

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Answer To MBE Question From November 29th

(B) is correct. Issue: Whether there was a trespass to land. Rule: Trespass occurs when the defendant interferes with the plaintiff’s possession of the land. A defendant is liable for trespass to land if he intentionally enters the land of another person without lawful excuse.  Note that the plaintiff need not prove actual injury to […]

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See If You Can Answer This MBE Question!

A group of children often play on the grass behind their home. Sometimes the children play beyond their property and in the neighbor’s field. The neighbor repeatedly told the children’s parents that he does not want anyone crossing into his field. The children’s parents however forgot to tell their children to stay out of the […]

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Answer To MBE Question From November 27th

(D) is correct. Issue: Does the woman have a tort claim against the man when she was not touched nor did she fear being touched? Rule: Assault – an intentional tort – is defined as causing another person to reasonably fear harmful or offensive bodily contact. Assault is an attempt to commit a battery. No […]

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See If You Can Answer This MBE Question!

A man sees a woman who rejected his earlier advances. The man goes up to her and pulls on her backpack. Though he stopped her briefly, the backpack was not damaged and the woman did not fear contact to herself. The man never actually touched the woman and walked away after the woman yelled at […]

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Answer To November 21st MBE Question

Issue: Whether the fan has a valid claim against the radio station for the use of his voice without his permission. Rule: The  tort  of  appropriation  is  a  form  of  invasion  of  privacy.  A party who uses the name or likeness of another party for its own commercial benefit is subject to liability for appropriation. […]

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See If You Can Answer This MBE Question!

A  fan  called  a  radio  station  to  compete  in  a  contest. The  disc  jockey  asked  the  fan  a  few  trivia   questions   which   the   fan   answered   correctly  to  win  the  prize.  The  disc  jockey  then  asked  the  fan  to  shout  the  name  of  the  radio station     and     the fan     did so enthusiastically. Without the fan’s knowledge, […]

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Taking The Bar Exam A Second Time? What You Really Need To Know

Whether you are retaking the exam for the second, third, or even the twelfth time — the first step to success on the upcoming exam is the same. If you were unsuccessful on the bar exam and you have to take it again, you may be feeling a wave of emotions — from embarrassment to […]

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Answer To MBE Question From November 19th

(A) is correct. Issue:  Whether  the  fan’s  intent  to  hit  the  other  fan  with  the  beer  can be  transferred to the bystander. Rule: The doctrine of transferred intent holds that a defendant who intends to commit a tort against one person, but instead commits that or another tort upon another person will be liable to […]

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See If You Can Answer This MBE Question!

During a sporting event in a crowded stadium, two fans began verbally attacking each other. One fan shoved the other and walked away. As he walked away, the other fan threw a beer can at him. The beer can missed the fan and hit a bystander. In an suit against the fan who threw the […]

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Answer To MBE Question From November 14th

(A) is correct. Issue: Whether the husband has a valid defense against a claim of battery for punching the person who struck his wife. Rule: Battery is defined as harmful or offensive contact upon the plaintiff, caused by an intentional act by the defendant. Any contact with another person can be a battery. No actual […]

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See If You Can Answer This MBE Question!

A host got into a passionate debate with one of his guests at a party. The guest became infuriated at the host and threw a punch. He missed and hit a bystander instead. The guest apologized profusely, but the bystander’s husband walked over and punched the guest, breaking his nose. In a suit against the […]

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Answer For The MBE Question From November 12th

(A) is correct. Issue: Whether the manager’s treatment of the customer amounts to intentional infliction of emotional distress. Rule: The elements of intentional infliction of emotional distress are: (i) defendant’s conduct must be  extreme  and  outrageous  transcending  all  bounds  of  decency  tolerated  by society;  (ii) defendant must  intend  to  cause, or must  recklessly  disregard  the  […]

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See If You Can Answer This MBE Question!

A security guard approached a customer about to leave the store and asked the customer if he could accompany him to the manager’s office. The   customer,  knowing  he  did not do anything wrong, complied. Upon the customer’s arrival at the office, the store manager asked  the customer several questions, and, without presenting any evidence, accused […]

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Answer To MBE Question From October 31st

(D) is correct. Issue: Whether the customer was falsely imprisoned and whether any defenses are available. Rule: False imprisonment is any act or a failure to act, with the intent to confine, that results in actual confinement. A shopkeeper has a privilege to detain a suspected shoplifter and no action for false imprisonment will lie […]

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See If You Can Answer This MBE Question!

A store clerk asked a customer to accompany him to a back room. The customer did so and upon  reaching  the  back  room,  the  store  clerk  asked  the  customer  several  questions  about  past  shoplifting  incidents. The customer did not know anything about these incidents and asked to leave, but the clerk refused and locked the […]

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Answer For MBE Question From October 29th

(D) is correct. Issue: Whether the factory breached a duty of care to the bed and breakfast. Rule: Generally,  every  person  owes  and  is  owed  a  duty  to  behave  as  a  reasonable  person would under  the  same  or  similar  circumstances. Negligence  occurs  when  the following  elements  are  established:  (1)  duty  of  care;  (2)  breach;  (3)  […]

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See If You Can Answer This MBE Question!

A factory is located in a sparsely settled rural area. The factory emits noxious odors over a 5-mile radius. The factory could install equipment to reduce the odors, but such equipment is extremely expensive and not typically used in the industry. The odor carries from the plant to a bed and breakfast causing it to […]

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Answer To MBE Question From October 25th

(C) is correct. Issue: Whether the plaintiff can still recover despite the fact that an intervening force caused the injury. Rule: A  direct  cause  is  where  the  injury  results  directly  from  the  breach  of  duty  and  there  is  no  other event that contributes to the plaintiff’s injury. A superseding cause occurs when an intervening act […]

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