...destrian suffered a broken wrist because of a driver's negligence. Doctors recommended a safe, routine cast change that would probably prevent permanent stiffness. The pedestrian unreasonably refused the cast change, and...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
Before renting a kayak, a customer signed a clear release for "claims arising from ordinary negligence in providing rental equipment." The rental company then knowingly gave the customer a kayak with a cracked hull after...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
A driver negligently hit a utility pole, causing live wires to fall near a trapped cyclist. A bystander saw that the wires were several feet from the cyclist, waited for a pause in sparking, and ran in to pull the cyclis...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
A city bus negligently stopped short, throwing Priya to the floor and tearing a ligament in her shoulder. Priya promptly went to an orthopedic surgeon. The surgeon recommended six weeks of physical therapy and explained...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
A pedestrian negligently stepped into a crosswalk against a signal. A driver also negligently looked away from the road and hit the pedestrian. The jurisdiction follows traditional contributory negligence and no last-cle...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...eational-use statute provides that a private landowner who opens land to the public for hiking without charge owes no duty to keep the land safe for recreational users, but the statute does not protect a landowner who ch...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
Blake, a delivery driver, looked down to accept a dispatch on his phone while driving through an intersection. Mina entered the same intersection from the cross street while driving 12 miles per hour over the speed limit...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts
...ways and was struck by a negligent driver. The driver asserts contributory negligence. The jurisdiction follows the ordinary child-standard rule and has no special bicycle statute. What standard applies to the child's al...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...ers' strict-liability claims against Ridge. Address Ridge's strongest defenses. This essay tests abnormally dangerous activity strict liability for blasting and scope of risk. NCBE MBE Subject Matter Outline, Torts, Rest...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts
...a bicyclist bleeding after a crash, called 911, and applied a bandage too tightly while waiting for paramedics. The volunteer was not paid and did not cause the crash. How should the statute affect the bicyclist's ordina...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...ordan in the headlights from about 250 feet away. The driver had time to slow or move left, but instead looked at a dashboard message and continued at the speed limit. The truck struck Jordan. The jurisdiction follows tr...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...alyze Summit Wall's express-assumption and implied-assumption-of-risk defenses. Discuss any limits if the employee's conduct is found grossly negligent or reckless rather than merely negligent. This essay tests express a...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts
...he corporation then answered, denying negligence but raising no other defenses. Two months later, the corporation moved to dismiss for lack of personal jurisdiction, improper venue, insufficient service of process, failu...
Citations: Fed. R. Civ. P. 12(b), Fed. R. Civ. P. 12(g), Fed. R. Civ. P. 12(h)
In a negligence action, the plaintiff offers a store inspection log showing that no employee inspected the aisle for two hours before the plaintiff slipped. The store argues that the log is not enough by itself to prove...
Citations: NCBE NextGen UBE Content Scope, Evidence, Fed. R. Evid. 401
One party acted after receiving notice of a legal risk tied to Negligence. One argument was preserved, while another was raised only later. Which result best accounts for preservation and merits? Correct. The answer turn...
Citations: Common law tort doctrine, Restatement tort principles
A defendant failed to answer a first negligence suit, and the court entered a default judgment. A different plaintiff later sues the same defendant and argues that negligence is already established. Which statement is mo...
Citations: Restatement (Second) of Judgments principles
...er sued Carrier Co. in state court for negligence. Carrier Co. failed to answer, and the court entered a default judgment for Driver. The judgment awarded damages but contained no findings about how the collision occurre...
Citations: Restatement (Second) of Judgments principles, General federal preclusion principles
One party acted after receiving notice of a legal risk tied to Negligence. The key event occurred after warnings, partial performance, and a written objection by the affected party. The opponent argues that the objection...
Citations: Common law tort doctrine, Restatement tort principles
One party acted after receiving notice of a legal risk tied to Negligence. The moving party has the burden on a contested element, and the opponent identifies a plausible exception. How should the issue most likely be re...
Citations: Common law tort doctrine, Restatement tort principles
One party acted after receiving notice of a legal risk tied to Negligence. The record contains both written proof and disputed oral testimony. Which answer gives the best treatment of the proof and governing rule? Correc...
Citations: Common law tort doctrine, Restatement tort principles
One party acted after receiving notice of a legal risk tied to Negligence. The requested remedy would protect one party but impose a substantial burden on another party who had notice of the risk. The opponent argues tha...
Citations: Common law tort doctrine, Restatement tort principles
...rrect answer states the core Erie doctrine rule. Erie Railroad Co. v. Tompkins
Citations: Erie Railroad Co. v. Tompkins
...stion tests proof of future damages. NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...to cancel that lease based on infancy. Analyze the student's capacity defenses and likely liabilities on the laptop contract, the dental bill, and the studio lease. This essay tests infancy, disaffirmance, necessaries, r...
Citations: Restatement (Second) of Contracts 12, Restatement (Second) of Contracts 14, NCBE NextGen UBE Content Scope, Contracts
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