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MBE Exercise

Questions

1. Select the correct answer.

1. Murder is the unjustified killing of a human being.
2. Murder is the unjustified killing of a human being with malice or forethought.

2. The prosecutor proves that John shot Mary and that Mary died an hour later. John is guilty of murder.

1. True
2. False

3. Mary drank two quarts of whiskey at her friend's house and drove home. Mary was driving her car in a reasonable manner when she collided with Paul. Mary was negligent.

1. True
2. False

4. P goes to sleep in the middle of the road and is struck by D who sees her in time but fails to take reasonable steps to avoid striking her. D wins the subsequent lawsuit because P had the "last clear chance."

1. True
2. False

5. Which is correct?

1. P could not be the holder of an easement over D's property because P's property is not contiguous with D's.
2. P could not be the holder of an easement over D's property because an incorporeal hereditament lies only in grant.

6. Which is correct?

1. John had no obligation to Mary unless it appeared that John's conduct would injure her.
2. John owed Mary a duty of reasonable care only if he created a foreseeable risk to her.
3. Both a and b.
4. Neither a or b.

Answers

1. Select the correct answer. [Incomplete definition]

1. Murder is the unjustified killing of a human being.
2. Murder is the unjustified killing of a human being with malice or forethought.

2. The prosecutor proves that John shot Mary and that Mary died an hour later. John is guilty of murder.

1. True
2. False [Assume nothing based on the facts you were given. Prosecutor also has to prove that the shooting caused Mary's death.]

3. Mary drank two quarts of whiskey at her friend's house and drove home. Mary was driving her car in a reasonable manner when she collided with Paul. Mary was negligent.

1. True
2. False [Don't ignore facts. Negligence is unreasonable conduct. Facts say Mary was driving in a reasonable manner.]

4. P goes to sleep in the middle of the road and is struck by D who sees her in time but fails to take reasonable steps to avoid striking her. D wins the subsequent lawsuit because P had the "last clear chance."

1. True
2. False [Common student errors. Last clear chance is Plaintiff's rebuttal to Defendant's defense of contributory negligence.]

5. Which is correct?

1. P could not be the holder of an easement over D's property because P's property is not contiguous with D's.
2. P could not be the holder of an easement over D's property because an incorporeal hereditament lies only in grant. [Overlooking the obvious. This phrase sounds like a legal term, but it's not. If a term is completely foreign to you, it's probably wrong.]

6. Which is correct?

1. John had no obligation to Mary unless it appeared that John's conduct would injure her.
2. John owed Mary a duty of reasonable care only if he created a foreseeable risk to her.
3. Both a and b. [Answer a uses the familiar legal concept in Answer b in nontraditional words]
4. Neither a or b.

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