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A city brings a state court condemnation proceeding on a house within the city. The house is in disrepair and would be nearly impossible to bring to the level of city building codes. The homeowner, an outspoken critic of city government, believes that the city has dealt with her unusually harshly because of her political stands. She intends to remove the case to federal court based on her defense that the city is seeking retribution for her exercise of her First Amendment rights. Will the ...

The user of a power tool sued the tool's manufacturer in state court. The action was based on a strict product liability claim that the manufacturer's failure to adequately warn the user of a defect in the power tool caused the user's injury. The manufacturer properly removed the case to federal court. The applicable law of the state that governs the existence of the strict product liability claim also recognizes a rebuttable heeding presumption. This presumption assumes that an injured plain...

First-degree murder The owner of a 23-hour convenience store hired his friend as a sales clerk. However, when the owner noticed that large amounts of merchandise were disappearing during his friend's shift at the store, he fired his friend without offering him any chance to explain. They now play on a softball team together. During the final game of the season, while trying to make a double-play, the former clerk accidentally hit the store owner with the softball. The store owner was furious, c...

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MBE FLASHCARDS EXAM QUESTIONS AND ANSWERS UPDATE 2023/2024 ALL ANSWERS 100% CORRECT BEST GRADED A+ FOR SUCCESS

Previous Similar/ Relevant Occurrences (exceptions) - correct answers - Causation - Prior false claims or same bodily injury - Similar accidents or events causes by the same event or condition o Existence of dangerous condition o Knowledge of condition o Condition was the cause of injury Habit Evidence - correct answers Habit describes a person's regular response to a specific set of circumstances. Under FRE 406, HABIT may be admitted to show a person acted in accordance with t...

MBE FLASHCARDS EXAM QUESTIONS AND ANSWERS UPDATE 2023/2024 ALL ANSWERS 100% CORRECT BEST GRADED A+ FOR SUCCESS