A plaintiff injured in a negligence accident presents expert testimony that she will need a second knee surgery within three years, that the need is medically probable, and that the surgery will likely cost between $38,0...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
In a negligence trial, a qualified accident-reconstruction expert will testify that the defendant's truck crossed the center line and caused the collision. The defendant objects that causation is the ultimate issue for t...
Citations: Fed. R. Evid. 704(a), Fed. R. Evid. 704(b)
...orker acted carelessly. Ridge argues that it cannot be liable without negligence because the work was lawful, useful, and carefully performed. The homeowners argue that blasting in a residential block is abnormally dange...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts
A pedestrian 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...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...es. A worker's hand was crushed while clearing a jam. In the worker's negligence action, how should the court treat the evidence of industry custom? This question tests how custom affects breach. NCBE MBE Subject Matter...
Citations: NCBE MBE Subject Matter Outline, Torts, The T.J. Hooper custom principle
...use the crash. How should the statute affect the bicyclist's ordinary negligence claim against the volunteer? This question tests statutory immunity as a negligence defense. NCBE MBE Subject Matter Outline, Torts, Restat...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...ranger was injured before someone else rescued him. In the stranger's negligence action against the swimmer, which statement is most accurate? This question tests the common-law no-duty-to-rescue rule. NCBE MBE Subject M...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...urate regarding the bookstore's vicarious liability for the painter's negligence? The store hired a separate business to produce a result and did not control the details of painting. Without an exception, the store is ge...
Citations: Restatement (Third) of Agency section 7.07
...even if the handrail had been installed. Is the contractor liable in negligence for the worker's fall based on the missing handrail? This question tests but-for causation. NCBE MBE Subject Matter Outline, Torts, Restate...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...an the bakery likely recover its lost retail sales from the driver in negligence? This question tests damages limits for pure economic loss. NCBE MBE Subject Matter Outline, Torts, Restatement (Third) of Torts
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Third) of Torts
...ghter, actual cause, proximate cause, and the effect of the surgeon's negligence. This essay tests depraved-heart murder, reckless manslaughter, criminal negligence, and causation through medical treatment. NCBE NextGen...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 210.2, Model Penal Code 210.3, Model Penal Code 210.4
...should the court treat the hotel's statutory violation in the guest's negligence action for the tripping injury? This question tests the protected-harm requirement for negligence per se. NCBE MBE Subject Matter Outline...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
A plaintiff files a state-law negligence action in State A court. Complete diversity and the amount in controversy are present, but one properly joined and served defendant is a citizen of State A. Which statement best d...
Citations: 28 U.S.C. 1441(b)(2)
...lt. The parties ask the court to determine the legal effect of Mina's negligence under several possible negligence-defense regimes. Analyze Mina's recovery under: (a) pure comparative fault; (b) a modified comparative fa...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts
...nspection of aisle four was at 12:03 p.m. Leah sues Harbor Market for negligence. Analyze Harbor Market's duty and whether the facts support a finding of breach. Address the strongest arguments on both sides. This essay...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts
In a negligence action after a night highway collision, the plaintiff claims that a trucking company driver was speeding and could have stopped in time. The defense expert testifies that, assuming the truck was traveling...
Citations: NCBE NextGen UBE Content Scope, Evidence, Fed. R. Evid. 401, Fed. R. Evid. 403, Fed. R. Evid. 611(a)
...im against Owen based on the same arrest. Count 3 asserts a state-law negligence claim against City Bus for a separate bus accident involving Leah three months earlier. Leah and Owen are citizens of the same state; City...
Citations: 28 U.S.C. 1367, United Mine Workers v. Gibbs
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
...im personally, and Tarlow personally. (a) Is the LLP liable for Sim's negligence? (b) Is Sim personally liable? (c) Is Tarlow personally liable solely because she is Sim's partner? Tests the LLP liability shield and the...
Citations: Uniform Partnership Act LLP principles
...lowing down because the traffic behind him was heavy. In the mother's negligence action, analyze whether the statute supplies the standard of care and whether Omar breached his duty. Address Omar's best arguments. This e...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...nalyze actual causation and recoverable damages under the traditional negligence approach. Include any causation or damages limits that the court should consider. This essay tests probabilistic proof of actual cause and...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts
...away, and struck a pedestrian three blocks away. In the pedestrian's negligence action against the contractor, which statement best describes proximate cause? This question tests proximate cause for intervening criminal...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts
...en without that person's fire. Analyze causation and damages in Pat's negligence claims against Dana and Eli. This essay tests concurrent sufficient causes and damages for indivisible property loss. NCBE MBE Subject Matt...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts
...sal affect damages? This question tests mitigation of damages after a negligence injury. NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
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