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November 08 2018 Bar Review News By Pieper Bar Review

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:


After a physician performed surgery on a patient’s left ear, he performed surgery on the patient’s right ear, even though he had received her consent only to operate on her left ear. The extension of the operation was not due to an emergency, and the applicable jurisdiction permitted the extension of operations only in emergency situations. The patient did not suffer any harm.

If the patient subsequently brings an action against the physician, will the patient recover?

  1. No, because the operation resulted in no harm.
  2. No, because the patient’s consent to surgery on her left ear allows the physician to extend the surgery according to his sound professional judgment.
  3. Yes, the patient will recover at least nominal damages on a battery theory.
  4. Yes, the patient will recover at least nominal damages on a negligence theory.
Reveal the Answer

The Answer is C.

Here's why. 

A surgeon may extend an operation and remedy any abnormal or diseased condition in the area of the original incision whenever his or her sound professional judgment determines that correct surgical procedure dictates and requires such an extension of the operation originally contemplated. The gratuitous extension of a surgery for non-emergency reasons and without the patient’s consent, on the other hand, constitutes the tort of battery. As such, the patient’s cause of action against the doctor is a battery and not negligence, and choice (C) is correct. Similarly, choice (B) is incorrect because the physician’s discretion is not unlimited. It is limited by statute under this fact pattern, to emergency situations. 

Where there is no consent, the plaintiff should sue for battery. The patient may recover nominal damages for battery, and actual damages need not be proven. Battery is a dignitary tort; no physical harm need be shown, so choice (A) is incorrect.

In a negligence action, actual harm or damages must be shown. Thus, choice (D) is incorrect.

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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