Exam (elaborations)
MBE Post Midterm Answers.
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MBE Post Midterm Answers.
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MBE Post Midterm AnswersA. Deny both motions, because there is evidence to support a finding that the construction
company should have realized that its negligence could create an opportunity for a third party to
commit a crime. - ANS-A construction company was digging a trench for a new sewer line in a
street in a high-crime neighborhood. During
the course of the construction, there had been many thefts of tools and equipment from the
construction area. One
night, the construction company's employees neglected to place warning lights around the
trench. A delivery truck
drove into the trench and broke an axle. While the truck driver was looking for a telephone to
call a tow truck, thieves
broke into the truck and stole $350,000 worth of goods. The delivery company sued the
construction company to
recover for the $350,000 loss and for the damage to its truck. The construction company has
stipulated that it was
negligent in failing to place warning lights around the trench and admits liability for damage to
the truck, but it denies
liability for the loss of the goods.
On cross-motions for summary judgment on the claim for the goods, how should the
A. deny the motion. - ANS-A grand jury indicted the defendant on a charge of arson, and a valid
warrant was issued for her arrest. A police
officer arrested the defendant and informed her of what the warrant stated. However, hoping
that the defendant might
say something incriminating, he did not give her Miranda warnings. He placed her in the back
seat of his patrol car
and was driving her to the police station when she said, "Look, I didn't mean to burn the
building; it was an accident. I
was just burning some papers in a wastebasket."
At the station, after being given Miranda warnings, the defendant stated that she wished to
remain silent and made no
other statements.
The defendant moved to suppress the use of her statement to the police officer as evidence on
two grounds: first, that
the statement was acquired without giving Miranda warnings, and second, that the police officer
had deliberately
elicited her incriminating statement after sh
A. Liability, because the hotel had a nondelegable duty to the guest to keep a safe premises. -
ANS-A hotel employed a carefully selected independent contractor to rebuild its swimming pool.
The hotel continued to
, operate while the pool was being rebuilt. The contract between the hotel and the contractor
required the contractor to
indemnify the hotel for any liability arising from the contractor's negligent acts. A guest of the
hotel fell into the
excavation, which the contractor had negligently left unguarded.
In an action by the guest against the hotel to recover for his injuries, what would be the most
likely outcome?
a. No, because he had no intent to promote the commission of the offense. - ANS-While on their
way home from a ball game, a driver and his passenger stopped at an all-night gas station. The
passenger offered to pay for the gas. While the passenger pumped gas, he was surprised to
see the driver enter the
station, take money from the unattended cash drawer, and get back in the car. The passenger
paid the attendant for
the gas, and the driver drove off. The driver offered to reimburse the passenger for the gas, but
the passenger
declined. After discovering the missing cash, the gas station attendant called the police, and the
driver was later
stopped. The driver escaped with the stolen money, however, and was never prosecuted.
If the passenger is prosecuted for theft as an accomplice, should he be convicted?
A. No, because the evidence was sufficient to support a verdict of depraved-heart murder. -
ANS-A man allowed his friend to borrow a debit card to buy a computer. When the friend
refused to return the card during a
later conversation in a bar, the man pointed a handgun at the friend, held his finger on the
trigger, and said, "Give it
back!" A bystander screamed and threw a beer bottle at the man. The bottle struck the man's
hand and caused the
gun to discharge, killing the friend instantly.
The man was convicted of murder in a jurisdiction that follows the common law of homicide. On
appeal, he argues that
the evidence, which essentially set out the facts above, was insufficient to support a verdict of
murder.
Should the man's conviction be reversed?
A. The buyer, because the easement was appurtenant to her land. - ANS-A man owned an
oceanfront cottage. A woman owned land across the street that did not have direct ocean
access.
For $10,000, the man executed a deed titled "Grant of Pedestrian Right-of-Way" to the woman
and "her heirs and
assigns" over a designated strip of his land between the street and the ocean. The deed was
never recorded.
Several years later, the woman sold her land. The woman made no mention of the easement,
and the buyer had no
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