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November 08 2018 Bar Review News By Pieper Bar Review
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The Multistate Bar Exam (MBE) is the multiple-choice section of the Uniform Bar Exam (UBE). It's a six-hour examination featuring 200 multiple-choice questions, testing examinees' abilities to apply fundamental legal principles and reasoning to given fact patterns.

Such a comprehensive exam demands an equally rigorous preparation regimen. Besides enrolling in a bar review course, the most effective study method for the Multistate Bar Exam is to answer practice questions.

Yeah, we know: easier said than done. Fitting this into an already packed schedule of intensive studies and related assignments, the responsibilities accompanying a job, and all the countless duties and unpredictable situations of personal and home life—whether that's caring for an elderly family member, children, or just the daily rigmaroles—can sound overwhelming.

With Pieper Bar Review, however, it doesn't have to be.

Pieper Bar Review's Question of The Day

Pieper's Question of the Day is convenient, and most importantly, effective. By signing up, you'll receive one free sample MBE question delivered to your email inbox, daily. You can either answer the question first thing in the morning, save it till you get a free moment during the day, or take this helpful quiz right before you go to bed at night. It's all up to you.

Answering these useful practice questions provides a constant, daily refresher on essential factoids you'll be tested on when it counts most. Their accessibility and portability means you can get crucial study time in wherever, and whenever, is best for you.

Pieper Bar Review's Question of the Day enables you to:

  • Review recurrent themes that show up on the Uniform Bar Exam
  • Familiarize yourself with the formatting and verbiage of the questions
  • Apply process-of-elimination skills
  • Re-examine the material presented by your bar review course
  • Remain focused on your studies

With Pieper Bar Review's Question of the Day, preparing for MBE has never been more convenient! Register below for free, and have helpful MBE practice questions delivered to your inbox, daily! 

Today's Question:

TORTS  

A jogger was seriously injured when a car struck a telephone pole, causing the pole to fall on him. The jogger subsequently sued the manufacturer of the car for his injuries, on a theory of strict liability in tort. At trial, the driver of the car testified that, just before the car hit the pole, he had tried to turn the steering wheel, but it would not turn. The investigating policeman produced pictures showing tire tracks from a point where the driver hit his brakes, going in a straight line directly to the pole. The evidence also showed the driver was speeding at the time of the accident.

What is the legal effect of the finding that the driver was speeding?

  1. It constitutes a misuse of the product, thus barring the jogger from recovery.
  2. It is considered within the risk created by the car manufacturer.
  3. It bars the strict liability tort claim because assumption of risk continues to be a defense in strict liability tort cases.
  4. It constitutes the sole proximate cause of the jogger’s injuries.
Reveal the Answer

The Answer is B.

Here's why. 

Speeding is a foreseeable misuse of a vehicle and the manufacturer is still liable as the maker of a defective product that was unreasonably dangerous when it left the manufacturer’s hands. Choice (B), therefore, is correct. However, the defect will not constitute the sole proximate cause of plaintiff’s injuries since there are other causes that resulted in plaintiff’s injuries. Thus, choice (D) is incorrect.

Choice (A) is incorrect because misuse bars recovery only when it is unforeseeable. In this case, speeding is a foreseeable misuse of a vehicle, so recovery is possible.

Choice (C) is incorrect because assumption of the risk requires subjective knowledge of the risk taken, which is not present here, and assumption of the risk is not a defense in a strict liability claim.


About the author

Pieper Bar Review

For over forty years, Pieper Bar Review has taught students the legal concepts and skills necessary for success on the bar exam, and reinforced students’ knowledge through thought provoking examples and bar exam questions. The proof that the Pieper teaching method works is found in the success of our former students – now present-day attorneys. Learn more

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