.... The driver argues that the bystander was contributorily negligent because rescue was voluntary. Which statement is most accurate? This question tests rescue doctrine as a response to contributory-negligence and assumpt...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
A defendant deliberately caused contact during a confrontation but denied any desire to injure. A party relied on common practice, but the record includes facts suggesting that practice was unreasonable or incomplete in...
Citations: Battery, assault, false imprisonment, trespass doctrines
...and lost earnings. The physician argues that Mel cannot prove actual cause because the condition itself sometimes causes permanent damage even with proper care. The physician also argues that Mel's claimed future treatm...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts
...ligence action against the contractor, which statement best describes proximate cause? This question tests proximate cause for intervening criminal conduct. NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts
...orsened injury. Which statement is most accurate? This question tests proximate cause for negligent medical treatment after an initial injury. NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...rvening cause that cuts off liability. Which statement best describes proximate cause? This question tests proximate cause for rescue injuries. NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...while waiting for paramedics. The volunteer was not paid and did not cause the crash. How should the statute affect the bicyclist's ordinary negligence claim against the volunteer? This question tests statutory immunity...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...e infection. Ana sues the store for negligence. Analyze actual cause, proximate cause, and the damages Ana may recover from the store. Address the store's arguments based on the red-light driver and the nurse. This essay...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts
...o rely on the intake nurse's screening unless the patient spoke up. Because the clinic was behind schedule, Dr. Lin approved the contrast injection without asking Marisol about allergies and without opening the allergy t...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Third) of Torts
...vestors hesitate. Metro Supply admits negligent stacking but disputes proximate cause and the amount of damages. Analyze proximate cause and damages for the injured customer, the firefighter, and the restaurant. This ess...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts
...omiciled in State E and State A. Amara alleges that a defective drone caused $72,000 in medical expenses, $8,000 in lost wages, and pain and suffering. Delta Drones argues that diversity is incomplete because LiftPoint L...
Citations: 28 U.S.C. 1332, Hertz Corp. v. Friend, Carden v. Arkoma Associates
...er common approaches, including qualifying felony, merger, agency and proximate-cause theories, immediate flight, and temporary safety. This essay tests felony murder, merger, timing, flight, temporary safety, and agency...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 210.2
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