The prima facie case for negligence is established by showing a duty of reasonable care, breach of the duty, actual and proximate cause and damage. The telephone pole, owned by the local phone company TeleCo, easily snaps into two pieces and hits Kevin, who is still in the street, knocking him unconscious and resulting in permanent injuries. The State Bar of California, for example, contains an archive of past exam questions. Leave them in the comments! Despite its duty to protect against potential harm, TeleCo did not do any testing to determine the danger involved in falling poles. (See below for an analysis of Peter's liability.) © Copyright 1999 - 2003 LawNerds.com, Inc. All rights reserved. Cloudflare Ray ID: 5e0a40c88eedfae9 Both Kevin and David can state a claim against Peter for their damages as a result of Peter's negligence in driving over the speed limit. Writing legal essays and answering problem questions for modular subjects and exams – a Guide. Cambridge state that you don’t need to have any prior knowledge of law. It’s Tuesday, and you can never get enough practice! 1 Negligence is a much deeper topic than is covered in this sample outline. You can also read more on studying Law at Oxbridge here. You can also see more examples of essay questions in the three sample tests available on the Cambridge website here. Here, I don't think that a telephone pole snapping in half and falling on top of a kid is a likely result from swerving into another lane in order to avoid the kid in the first place. The point of a law school practice exam is to help you understand testable concepts and, possibly more important, to hone your answering skills. Offer & Acceptance - Rules AND Cases Sample/practice exam 2012, questions and answers Cases Sample/practice exam 10 June 2016, questions and answers - Part 2 (IRAC questions) law question set1&2 with answers Offer, Acceptance, Revocation Case Summary What's important to see here, however, is not the law, but to illustrate that once you know the law, you should note the relevant facts in order to spot the issues. How to Organize Your Exam Answers. Image by mzacha via stock.xchng. The outline here is meant to illustrate techniques of outlining rather than be a comprehensive overview of negligence. David, however, probably breached a duty of care by not looking before he changed lanes. 3 Res ipsa loquitur is Latin for "the thing speaks for itself.". First see whether your professor has released any short answer questions from previous exams. Here are three Bar Exam sample questions for you to try. In the test, you’ll be given a selection of three questions and asked to answer one in one hour. Performance & security by Cloudflare, Please complete the security check to access. I think that it is foreseeable that when someone is speeding they might lose control and damage would result from that loss of control. The Official LSAT SuperPrep and SuperPrep II each contain three full practice tests and explanations for every question, helping you to understand why each answer is correct. Contributory negligence by running into street. Writing legal essays and answering problem questions for modular subjects and exams – a Guide. At a local county jail, four trustees (inmates who work at the jail) were working hard all morning and took their normal 15-minute break. 2 Prima facie is Latin for "on the face of it." Find out about our law school tutoring options. I think that under the duty of reasonable care analysis, David acted with the care of an ordinary and prudent person under the circumstances of an emergency. David, or his insurance company, will probably have to pay damages on David's car. Peter can also argue contributory negligence against both David for swerving and Kevin for running into the street. Quiz, Is a Law Apprenticeship Right for Me? I will examine the potential liability of each party in turn. Cambridge state that you don’t need to have any prior knowledge of law. We use cookies to give you the best experience on our website. What are the significant facts proving the theory or defense? First, he can claim contributory negligence since Peter was speeding. The only way to know if you can (or if you know the law) is to practice. You’ll have one hour to answer an essay question, and you’ll sit this on the day of your interview. Here, it is less clear. Quiz, How Much Do You Know About Clinical Negligence Law? “Judges should be given no discretion in sentencing criminals: all criminal penalties should be fixed by statute. How Much Do You Know About Human Rights? A reasonable and prudent person would naturally look before changing lanes. What is the Cambridge Law Test? Under the "but-for" standard of review, if he hadn't swerved into the other lane, he would not have sent Peter's car crashing into the phone pole. We’ve now sold thousands of tickets to our national series of free one-day events for aspiring lawyers and those that advise them – have you booked your free ticket yet? The following example is meant to illustrate a typical question and suggest an approach on how you might outline the relevant issues and facts. You can also read more on studying. Although the emergency doctrine relieves David of liability, it does not confer liability on Peter. How to Avoid a Disaster. Quiz, How Much Do You Know About Media Law? Therefore, David will probably not be found negligent in regard to Peter's claim. I think it is likely that Kevin, or his parents, will bear some responsibility for Kevin's injuries since he did not belong in the street. Administrative Law Fall 2007 - with sample answers. The poles were made of low quality trees and were not treated in any significant manner except for a coating of tar. It is as improbable a result as that in Palsgraf. Answering Bar questions regularly will help you learn the law as well as become a better tester. Answering Law Essay Questions Rule 1: The Introduction. What follows is a sample outline to the problem discussed above. Peter is liable under the theory of negligence per se since he was over the speed limit. Although it may not have been foreseeable for this accident to happen, I think that TeleCo is probably liable to Kevin for damages.

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