Negligence, MBE prep certification 2026

Progress: 24% (23/94)

Learning progress ?

1. If, at the end of the plaintiff's case, the defendant moves for directed verdict, the trial judge shouldNot learned 2. If the pedestrian proves the foregoing facts and offers no other evidence explaining the accident, will his claim survive a motion for directed verdict offered by the defense?Not learned 3. If the customer brings an action, based on negligence, against the grocery store, the store's best defense will be thatNot learned 4. Assume that the child was negligent and the child's mother did not adequately supervise the child. If the customer brings an action, based on negligence, against the child's mother, will the customer prevail?Not learned 5. If the customer brings an action, based on negligence, against the child, the child's best argument in defense would be thatNot learned 6. How much, if anything, can the plaintiff collect from the truck driver, and how much, if anything, can the truck driver then collect from the bus driver in contribution?Not learned 7. Will the plaintiff prevail in his action against the hiker's estate?Not learned 8. The plaintiff's best argument in opposition to the defendants' motions would be that the defendants are jointly and severally liable for the plaintiff's entire harm, becauseNot learned 9. In this action, the plaintiff should recoverNot learned 10. Assume that the homeowner exercised reasonable care in hiring the repairman, that the repairman was an independent contractor, and that public policy made a homeowner's duty to keep the sidewalk safe for pedestrian a nondelegable duty. If the pedestrian brings an action against the homeowner to recover damages for the injury caused to him by the repairman's negligence, will the pedestrian prevail?Not learned 11. In an action against the defendant, can the supporting actor recover for his loss of income attributable to the accident?Not learned 12. If the plaintiff sues the mausoleum for the damages arising from her emotional distress, will she prevail?Not learned 13. Will the plaintiff recover a judgment against the drug store?Not learned 14. The plaintiff should recoverNot learned 15. The best argument in support of this motion would be thatNot learned 16. If the customer sues the supermarket, the result should be for theNot learned 17. The best argument in support of this motion would be thatNot learned 18. In an action brought on behalf of the driver's son against the child's parents to recover for the son's injuries, the driver's son willNot learned 19. In a claim by the woman against the young man, the woman's right to recovery will depend on whetherNot learned 20. The plaintiff's motion should beNot learned 21. If the facts stated above are undisputed, the judge shouldNot learned 22. In his action against the railroad, the plaintiff should recoverNot learned 23. Who should prevail?Not learned 24. If the plaintiff sues the elevator company for damages for her injuries, she should recoverNot learned 25. If the plaintiff asserts a claim for damages against the airline based on negligence, the plaintiff willNot learned 26. At the trial on an action against the grandmother on behalf of the friend, the information above has been admitted into evidence. If the grandmother moves for a directed verdict in her favor at the end of the friend's case, that motion should beNot learned 27. In his action against the defendant, will the plaintiff prevail?Not learned 28. If the roommate asserts a claim against the college student for his dermatitis injuries, the college student's best defense will be thatNot learned 29. The driver's motion should beNot learned 30. If the plaintiff chooses to pursue the claim against the trucker alone, she will be entitled to collect at mostNot learned 31. If the plaintiff chooses to pursue the claim against the truck driver alone, she will be entitled to collect at mostNot learned 32. If the plaintiff asserts a claim against the surgeon based on negligence, will the plaintiff prevail?Not learned 33. In that action, will the plaintiff prevail?Not learned 34. If the mother sues the hospital to recover damages for her injury, will she prevail?Not learned 35. Will the plaintiff prevail?Not learned 36. If the applicant sued the doctor for damages, on which of the following causes of action would the applicant recover?Not learned 37. On cross motions for directed verdicts on the issue of liability at the conclusion of the proofs, the court shouldNot learned 38. On appeal, the judgment should beNot learned 39. The restaurant's best argument in response to the patron's suit would be thatNot learned 40. In this action, will the mechanic obtain a judgment against the woman?Not learned 41. In this action, will the mechanic obtain a judgment against the man?Not learned 42. If the trespasser sues the vintner to recover damages for his injuries, will the trespasser prevail?Not learned 43. The administrator of the patient's estate thereafter filed a wrongful death action against the surgeon, claiming that the surgeon was negligent in having failed to consult a cardiologist prior to the operation. At the trial the plaintiff offered evidence that accepted medical practice would require examination of the patient by a cardiologist prior to the type of operation that the surgeon performed. In this action, the plaintiff shouldNot learned 44. If the pedestrian sues the seller to recover damages for his injuries, will the pedestrian prevail?Not learned 45. Is the patient likely to prevail?Not learned 46. In an action against the operator of the ocean liner brought by the passenger's representative, will the passenger's representative prevail?Not learned 47. If the homeowner asserts a claim for damages against the driver but is unable to establish that the driver was negligent, will the homeowner still be able to prevail?Not learned 48. On the airline's motion to dismiss at the conclusion of the legal representative's case, the court shouldNot learned 49. The pedestrian will be able to recover fromNot learned 50. If the plaintiff sues the shop's owner for the injury she suffered, will the plaintiff prevail?Not learned 51. Should the court grant the motion?Not learned 52. Is the father likely to prevail?Not learned 53. How should the trial judge proceed?Not learned 54. On cross-motions for summary judgment on the claim for the goods, how should the court rule?Not learned 55. Is the applicant likely to prevail in an action for negligent misrepresentation?Not learned 56. In this case, which party is likely to prevail?Not learned 57. What is the maximum amount, if anything, that the child’s representative can recover from the driver?Not learned 58. Should the trial judge permit the case to go to the jury?Not learned 59. In a suit brought on the child’s behalf against the corporation and based only on the facts above, who is likely to prevail?Not learned 60. In a suit brought on the child’s behalf against the day-care center and based only on the facts above, who is likely to prevail?Not learned 61. Will the injured customer be likely to recover damages?Not learned 62. In an action by the hiker against the property owner to recover for his head injury, will the hiker be likely to prevail?Not learned 63. Is the bystander likely to prevail?Not learned 64. Which cause of action would NOT permit the friend to recover punitive damages?Not learned 65. How should the trial judge rule?Not learned 66. In an action by the child against the landlord, will the child be likely to prevail?Not learned 67. Is the truck driver likely to prevail in a suit against the car manufacturer?Not learned 68. In an action by the plaintiff against the defendant to recover for the fire damage, is it possible for the plaintiff to prevail?Not learned 69. Which of the following facts will be LEAST helpful to the patient’s lawyer’s argument?Not learned 70. In his action against the driver, for which of his injuries may the pedestrian recover damages?Not learned 71. In an action by the guest against the hotel to recover for his injuries, what would be the most likely outcome?Not learned 72. Based on these damage and responsibility amounts, what is the maximum that the injured driver could recover from the neighbor?Not learned 73. What would be the patient’s best argument against the motion?Not learned 74. In a negligence action by the man against the car rental agency, is the man likely to prevail?Not learned 75. Does the man have a valid claim against the pharmacy?Not learned 76. In an action for damages by the driver against the manufacturer based on strict liability, is the driver likely to prevail?Not learned 77. What is likely to be the dispositive issue in this case?Not learned 78. What is the woman's best argument in opposition to the instructor's motion?Not learned 79. What is the strongest argument that the pedestrian can make in response to the driver's defense?Not learned 80. In what type of jurisdiction would the wife's suit most likely be successful?Not learned 81. Should the court grant the store's motion?Not learned 82. Should the court grant the motion?Not learned 83. Is the pedestrian likely to prevail?Not learned 84. What sort of action against the doctor should the attorney recommend?Not learned 85. Is the boy likely to prevail?Not learned 86. In an action by the neighbor against the farmer to recover for the injuries, will the neighbor be likely to prevail?Not learned 87. Should the court grant the hospital’s motion?Not learned 88. How should the court respond to the motion?Not learned 89. Should the court grant the motion?Not learned 90. Should the trial court grant the customer’s motion?Not learned 91. Is the hospital likely to be held liable to the widow?Not learned 92. In an action by the golfer against the company, does the company have any affirmative defenses?Not learned 93. Should the court grant the summary judgment motion?Not learned 94. What is the best response to the defendants’ argument?Not learned 95. In her subsequent action against the plumbing company, based on a theory of negligent hiring, is the woman likely to prevail?Not learned 96. Will the pedestrian be likely to prevail in that action?Not learned 97. Should the motion be granted?Not learned 98. Without any other evidence, is the customer likely to prevail?Not learned 99. Is there any basis for a claim by the homeowner against the manufacturer?Not learned 100. Should the court grant the radio station’s motion for summary judgment?Not learned 101. If the man can establish that a defect in the controls caused the accident, from whom can he recover?Not learned 102. What action should the court take?Not learned 103. In a negligence action brought by the homeowner against the company, what will be the company’s strongest defense?Not learned 104. Is the boy entitled to be judged according to the standard of care that he has argued for?Not learned 105. If the friend sues to recover for her injury, who is likely to be found liable to her?Not learned 106. If the jury determines that the man was 25% responsible and that each defendant was also 25% responsible, will the man be able to recover damages, and if so, how much from each defendant?Not learned 107. Is the radiologist likely to have the punitive damages award vacated on appeal?Not learned 108. How should the judge rule?Not learned 109. Assuming that the store has raised an assumption-of-risk defense and that both sides have filed summary judgment motions based on the facts set out above, how should the trial court rule?Not learned 110. If the action proceeds to trial, which of the following would be an appropriate (paraphrased) instruction for the court to give to the jury?Not learned 111. Should the trial court allow the case to go to the jury with a res ipsa loquitur instruction?Not learned 112. Should the court allow the doctor to implead the grocery store?Not learned 113. Which statement below is the most appropriate characterization of the student and her conduct under traditional common law rules?Not learned 114. If the motorist pursues a claim against the blasting company to recover for the damage to the car, and all the foregoing facts are established, how much should the motorist recover?Not learned 115. How should the court rule on the motion?Not learned 116. Assuming the validity of the motorcyclist’s negligence claim against the EMS firm, which of the following best characterizes the dealership’s potential liability?Not learned