MultiState Bar Examination (MBE) 2 – Sample

As a result of an accident at the NPP nuclear power plant, a quantity of radioactive vapor escaped from the facility and two members of the public were exposed to excessive doses of radiation. According to qualified medical opinion, that exposure will double the chance that these two persons will ultimately develop cancer. However, any cancer that might be caused by this exposure will not be detectablefor at least ten years. If the two exposedpersons do develop cancer, it will not be possible to determine whether it was caused by this exposure or would have developed in any event. If the exposed persons assert a claim for damages against NPP shortly after the escape of the radiation, which of the following questions will NOT present a substantialissue?

A city ordinance makes the city building inspector responsible for ensuring that all buildings in that city are kept up to building code standards, and requires the inspector to refer for prosecution all known building code violations. Another ordinance provides that the city building inspector may be discharged for �good cause.� The building inspector took a newspaper reporter through a number of run-down buildings in a slum neighborhood. After using various epithets and slurs to describe the occupants of these buildings, the building inspector stated to the reporter: �I do not even try to get these buildings up to code or to havetheir owners prosecuted for code violations because if these buildings are repaired, the people who live in them will just wreck them again.� The reporter published these statements in a story in the local newspaper. The building inspector admitted he made the statements. On the basis of these statements, the city council discharged the building inspector. Is the action of the city council constitutional?

In preparation for a mountain-climbing expedition, Alper purchased the necessary climbing equipment from Outfitters, Inc., a retail dealer in sporting goods. A week later, Alper fell from a rock face when a safety device he had purchased from Outfitters malfunctioned because of a defect in its manufacture. Thereafter, Rollins was severely injured when he tried to reach and give assistance to Alper on the ledge to which Alper had fallen. Rollins�s injury was not caused by any fault on his own part. If Rollins brings an action against Outfitters, Inc., to recover damages for his injuries, will Rollins prevail?

Pitt sued Dill for damages for back injuries received in a car wreck. Dill disputed the damages and sought to prove that Pitt�s disability, if any, resulted from a childhood horseback riding accident. Pitt admitted the childhood accident, but contended it had no lasting effect. Pitt calls Dr. Webb, an orthopedist who had never examined Pitt, and poses to Webb a hypothetical question as to the cause of the disability that omits any reference to the horseback riding accident. The question was not provided to opposing counsel before trial. The best ground for objecting to this question would be that

Daggett was prosecuted for murder of Vales, whose body was found one morning in thestreet near Daggett�s house. The state calls Witt, a neighbor, to testify that during the night before the body was found he heardDaggett�s wife scream, �You killed him! You killed him!� Witt�s testimony is

Orin owned in fee simple Blueacre, a farm of 300 acres. He died and by will duly admittedto probate devised Blueacre to his surviving widow, Wilma, for life with remainder in fee simple to his three children, Cindy, Clara, and Carter. All three children survived Orin. At the time of Orin�s death, there existed a mortgage on Blueacre that Orin had given ten years before to secure a loan for the purchaseof the farm. At his death, there remained unpaid $40,000 in principal, payable in installments of $4,000 per year for the next ten years. In addition, there was due interest at the rate of 10% per annum, payable annually with the installment of principal. Wilma took possession and out of a gross income of $50,000 per year realized $25,000 net after paying all expenses and charges except the installment of principal and interest due on the mortgage. Carter and Cindy wanted the three children, including Clara, to each contribute one-third of the amounts needed to pay the mortgage installments. Clara objected, contending that Wilma should pay all of these amounts out of the profits she had made in operation of the farm. When foreclosure of the mortgage seemed imminent, Clara sought legal advice. If Clara obtained sound advice relating to her rights, she was told that

Questions 108-109 are based on the following factsituation. Tune Corporation, a radio manufacturer, and Bill�s Comex, Inc., a retailer, after extensive negotiations entered into a final, written agreement in which Tune agreed to sell and Bill�s agreed to buy all of its requirements of radios, estimated at 20 units per month, during the period January 1, 1988, andDecember 31, 1990, at a price of $50 per unit. A dispute arose in late December, 1990, when Bill�s returned 25 undefective radios to Tune for full credit after Tune had refused to extend the contract for a second three-year period. In an action by Tune against Bill�s for damages due to return of the 25 radios, Tune introduces the written agreement, which expressly permitted the buyer to return defective radios for credit but was silent as to return of undefective radios for credit. Bill�s seeks to introduce evidence that during the three years of the agreement it had returned, for various reasons, 125 undefective radios, for which Tune had granted full credit. Tune objects to the admissibility of this evidence. 108. The trial court will probably rule that the evidence proffered by Bill�s is

For this question only, assume the followingfacts. When Bill�s returned the 25 radios in question, it included with the shipment a check payable to Tune for the balance admittedly due on all other merchandise sold and delivered to Bill�s. The check was conspicuously marked, �Payment in full for all goods sold to Bill�s to date.� Tune�s credit manager, reading this check notation and knowing that Bill�s had also returned the 25 radios for full credit, deposited the check without protest in Tune�s local bank account. The canceled check was returned to Bill�s a week later. Which of the following defenses would best serve Bill�s?

Plaintiff was a passenger in a car that was struck in the rear by a car driven by First. Thecollision resulted from First�s negligence in failing to keep a proper lookout. Plaintiff�s physician found that the collision had aggravated a mild osteoarthritic condition in her lower back and had brought on similar, but new, symptoms in her neck and upper back. Six months after the first accident, Plaintiff was a passenger in a car that was struck in the rear by a car driven by Second. Thecollision resulted from Second�s negligence in failing to keep a proper lookout. Plaintiff�s physician found that the second collision had caused a general worsening of Plaintiff�s condition, marked by a significant restriction of movement and muscle spasms in her back and neck. The physician believes Plaintiff�s worsened condition is permanent, and he can find no basis for apportioning responsibility for her present worsened condition between the two automobile collisions. Plaintiff brought an action for damages against First and Second. At the close of Plaintiff�s evidence, as outlined above, each of the defendants moved for a directed verdict in his favor on the ground that Plaintiff had failed to produce evidence on which the jury could determine how much damage each defendant had caused. The jurisdiction adheres to the common-law rules regarding joint and several liability. Plaintiff�s best argument in opposition to the defendants� motions would be that the defendants are jointly and severally liable for Plaintiff�s entire harm, because

Adam had promised Bob that, if at any time Adam decided to sell his summer cottage property known as Blackacre, he would give Bob the opportunity to purchase Blackacre. At a time when Bob was serving overseas with the United States Navy, Adam decidedto sell Blackacre and spoke to Barbara, Bob�s mother. Before Bob sailed, he had arranged for Barbara to become a joint owner of his various bank accounts so that Barbara would be able to pay his bills when he was gone.When she heard from Adam, Barbara took the necessary funds from Bob�s account and paid Adam $20,000, the fair market value of Blackacre. Adam executed and delivered to Barbara a deed in the proper form purportingto convey Blackacre to Bob. Barbara promptly and properly recorded the deed. Shortly thereafter, Barbara learned that Bob had been killed in an accident at sea one week before the delivery of the deed. Bob�s Last Will, which has now been duly probated, leaves his entire estate to First Church. Barbara is the sole heir-at-law of Bob. There is no statute dealing with conveyances to dead persons. Title to Blackacre is now in