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I've written on here about impeachment, and I've written about hearsay. A sort of hybrid issue can appear on the test in which a question arises as to whether a hearsay declarant can be impeached. 

In other words, when a statement that would otherwise be inadmissible hearsay is admitted because of an exemption or an exception, the person who made that statement fun...


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It’s important to remember that res ipsa loquitur plays a very specific role in any negligence question. It prevents the plaintiff from losing on a directed verdict, summary judgment, or etc., even though the plaintiff cannot present direct evidence of negligence. It’s, essentially, an inference that a duty was breached. That’s a simplified way to think about it.

It’s not...

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Sanctions can appear within a variety of topics within Civil Procedure on the MBE. One such topic deals specifically with the availability of sanctions against those who do not follow the guidelines for pretrial conferences. 

Let's begin with some generalities and then work towards the specifics. A federal district court may order the attorneys or any unrepresented...


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MBE Tip:

The intent required for an intentional tort? The intent to commit the tort. The intent to do the act that ultimately results in the tort. So, when the person not only subjectively believes he owns property but reasonably (objectively) believes that, you might think it can't be trespass. "Trespass is an intentional tort and the person didn't intend to trespass...

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In Torts questions, you've got to find the fault. 

The young child is hit by a car and is now paralyzed. Any fault on the part of the driver of the car? The senior citizen somehow succumbs to a horrible fate. Any fault? (Other than possibly by the plaintiff). The person who has a heart attack while driving and kills another driver. Was that person driving safely pr...


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