From the category archives:

MBE QoD

February 2011 MBE Question of the Day #33

By a written instrument signed by him, a landowner granted a miner the right to remove coal from his land upon the payment to him or his heirs and assigns a rate of $10 per ton. The landowner reserved the right to remove coal from his property. There is no time limitation specified in the [...]

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February 2011 MBE Question of the Day #32

A landowner granted his land “to my lover for life, remainder to my friend.” The friend, with the lover’s permission, built a house on the land and lived in it without paying rent for twenty-five years, at which time the lover brought an action to evict the friend. The most likely result in that action [...]

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February 2011 MBE Question of the Day #31

A state recently enacted a statute, making it a misdemeanor for any public school teacher to teach any theory of human origin, except those supported by demonstrable scientific evidence. A public school biology teacher, who has standing and desires to teach a biblical theory of human origin, has challenged the constitutionality of the statute. The state’s [...]

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February 2011 MBE Question of the Day #30

A computer manufacturer contracted in writing with a bank to sell and deliver a mainframe computer using a new technology that was then under development but not perfected at a price substantially lower than that of a similar computer using current technology. The contract’s delivery term was F.O.B. the bank, on or before July 31. [...]

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February 2011 MBE Question of the Day #29

John and Carol, both college graduates, were devout Christian Scientists who believed in the power of faith healing and lived in a state where the common-law rules concerning murder have not been altered by statute or decision. When their four-year-old child Hilda suffered from a blockage of the bowels, they called in Jennifer, a religious [...]

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February 2011 MBE Question of the Day #28

A plaintiff and her parents sued a defendant for $1,000 in compensatory damages, claiming pain and suffering and medical expenses arising from a dog bite. The identity of the dog which bit the plaintiff and the amount of damages done are the only issues in the case. The plaintiff’s attorney called the defendant adversely and [...]

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February 2011 MBE Question of the Day #27

By warranty deed, a grantor conveyed a tract of land to his friend and his neighbor “as joint tenants with right of survivorship.” The friend and the neighbor are not related. The friend conveyed all of her interest to her daughter by warranty deed, and the friend subsequently died intestate. Thereafter, the neighbor conveyed to [...]

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February 2011 MBE Question of the Day #26

A husband was driving his car with his wife in the front seat and a neighbor in the back seat. The neighbor suffers periodic headaches of extreme intensity, and one suddenly developed during the drive. The neighbor leaned forward and reached for her forehead. In so doing, she struck the husband on his back, causing [...]

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February 2011 MBE Question of the Day #25

A blind man fell into an excavation at night. The excavation was on a public sidewalk and had been left unlighted and without a barricade by a contractor. The contractor has complied with all applicable state and federal regulations concerning the excavation. The blind man, who was not using a cane or accompanied by a [...]

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February 2011 MBE Question of the Day #23

Six years ago, Oscar, owner of Blackacre in fee simple, executed and delivered to Albert an instrument in the proper form of a warranty deed, purporting to convey Blackacre to “Albert and his heirs.” At that time, Albert was a widower who had one child, Donna. Three years ago, Albert executed and delivered to Bea [...]

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