I’ve written before about why you should hug any (and every) law student in your life.
Here’s another reason (as if you needed one).
Below are three sample questions from the multiple choice section of the Bar Exam. There are 200. These are three.
Questions 3 – 5 are based on the following fact situation.
Exec and Associate were both white collar workers who were employed by firms located in downtown Centerville. Both Exec and Associate were late for work on Tuesday morning. As such, they each were traveling at an excessive rate of speed toward their respective places of business. Exec was traveling down Second Street, only seven blocks from his office, at a speed of forty-five miles per hour. The posted speed was thirty miles per hour. As Exec approached the intersection of Second Street and Gilbert Avenue, Associate also approached the same intersection. Associate was traveling north on Gilbert Avenue to get to work that morning. Associate was also speeding and witnesses estimated his speed to be somewhere between forty and fifty miles per hour. The posted speed on Gilbert Avenue was thirty miles per hour. The two cars collided at the intersection of Second and Gilbert. Associate’s Buick Skylark hit Exec’s Ford Escort causing Exec to swerve out of control into Jose’s produce cart parked at the side of the road. Both Jose and his merchandise suffered extensive injuries. The jury found that the accident was caused due to the inattentiveness of both drivers with Exec 40% negligent and Associate 60% negligent.
3. If the jurisdiction follows the doctrine of “pure” comparative negligence, and Associate suffered $10,000 in damages, what will Associate recover in a suit against Exec?
(A) $10,000 (B) $6,000 (C) $4,000 (D) Nothing
4. If this jurisdiction follows the doctrine of “modified” comparative negligence, and Associate suffered $10,000 in damages, what will Associate recover in a suit against Exec?
(A) $10,000 (B) $6,000 (C) $4,000 (D) Nothing
5. Assume for the purposes of this question that Jose has a claim for damages against both Exec and Associate and that he obtains a judgment for the full amount of his damages from Associate. Which theory will now allow Associate to pursue Exec in order to have Exec pay for part of the damages?
(A) Subrogation (B) Collateral sources rule (C) Contribution (D) Indemnity
