FREE Torts MBE Practice Test 2018
The following prep test deals with the law of torts. The 30 multiple-choice questions follow the MBE format that directs the test-taker to choose the best answer from a list of four possible answers. Under the following Bar Prep Hero practice examination, we provide a hint for each question that gives you some further insight to the answer. We have adopted this ‘user-friendly’ approach as a learning tool that will help you to gain and retain a greater depth of understanding. In addition, we do not make you rush through the test questions under the pressure of a time limit. Instead, there is no time limit. In addition, we don’t end the exercise with the correct answer. Instead, we provide a special ‘explanation’ section that usually provides you with citations to further review the answer in the context of actual case law and applicable statutory authority.
The National Conference of Bar Examiners (NCBE) also provides instructions for answering the torts questions in the official MBE. You will use the same standards in this prep test, where it may be applicable. The first instruction is to answer the questions according to principles of general applicability. Assume that there is no applicable statute unless the question states otherwise. You should assume, however, that survival and wrongful death statutes are applicable in questions where death actions may be applicable. In addition, you should assume that joint and several liability, with pure comparative negligence, is the relevant rule unless otherwise indicated.
We try to include a mix of questions in this prep test that generally follows what you will find in the MBE. Remember that about half of the torts questions on the official MBE will deal with the law of negligence. Some of the subjects are legal duty, the standard of care, causation, foreseeability, joint and several liability, multiple causes, and problems of proof such as applying the rule of res ipsa loquitur. Also included are the concepts of contributory negligence, assumption of the risk, liability for agents, and generally everything related to negligence liability.
The remaining half of the MBE torts examination includes considerations of intentional torts, product liability, strict liability, abnormally dangerous activities, and a variety of other tort actions. Torts and the law of personal injury is an exciting and popular practice area for attorneys. We wish you success in mastering this subject matter as you move forward!