...s most accurate? This question tests rescue doctrine as a response to contributory-negligence and assumption-of-risk arguments. NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...ng both 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 ch...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...should apply a modern comparative-fault rule or another state's older contributory-negligence rule. Which statement best describes the forum's analysis? The correct answer states the better-law approach. Choice-influenci...
Citations: Choice-influencing considerations approach
...the road and hit the pedestrian. The jurisdiction follows traditional contributory negligence and no last-clear-chance facts are present. What is the likely effect of the pedestrian's negligence? This question tests trad...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...limit. The truck struck Jordan. The jurisdiction follows traditional contributory negligence and recognizes last clear chance. Jordan sues the driver for negligence. The driver argues that Jordan's failure to wear refle...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...n the plaintiff's fault is 50 percent or greater; and (d) traditional contributory negligence. This essay tests how the same fault allocation changes under pure comparative, modified comparative, and contributory neglige...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts
A federal court dismisses a state-law negligence claim solely because diversity jurisdiction is missing. What is the likely claim-preclusion effect on refiling the negligence claim in a state court with jurisdiction? The...
Citations: Fed. R. Civ. P. 41(b), Semtek International Inc. v. Lockheed Martin Corp.
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
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
...joining a contract claim against a software vendor with an unrelated negligence claim against a moving company. The defendants move to dismiss the entire case for misjoinder. Which statement is most accurate? Rule 21 is...
Citations: Fed. R. Civ. P. 21
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)
A plaintiff files a state-law negligence claim in federal court based solely on diversity jurisdiction. There is no federal question. What is the basic Erie rule? The correct answer states the core Erie doctrine rule. Er...
Citations: Erie Railroad Co. v. Tompkins
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
After a truck collision, Driver 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 ab...
Citations: Restatement (Second) of Judgments principles, General federal preclusion principles
..., 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 an employee said, "It...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
In a federal civil negligence action, Plaintiff claims Driver ran a red light. Plaintiff offers testimony from Driver's coworkers that Driver has a reputation for being careless behind the wheel and that, in their opinio...
Citations: Fed. R. Evid. 404(a)(1), Fed. R. Evid. 405(b)
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)
In a negligence action arising from a truck collision at a plant gate, the trucking company offers testimony from the gate attendant that the same driver entered the plant three times a week for two years and, every time...
Citations: Fed. R. Evid. 406
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)
In a negligence trial, Plaintiff offers a dashcam audio recording in which Passenger says, as a delivery truck drifts across the center line, "That truck is crossing into our lane right now." Defendant objects on hearsay...
Citations: Fed. R. Evid. 803(1)
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
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