問題集
MBE の問題を、選択肢ごとに解説。
本番形式の問題を1問1.8分で。各選択肢がなぜ正しいのか、なぜ誤りなのかを平易な英語で解説します。毎日10問まで無料。
カードはありません。最初の 10 個の質問については説明がありません。
10の質問1 · Torts
A debt collector went to a couple's home to collect an overdue loan from the husband. The collector saw the wife standing in the living-room doorway. The collector then grabbed the husband, threw him to the floor, and kicked him repeatedly. He shouted that he would keep coming back until the debt was paid. The wife watched the entire attack from the doorway a few feet away. She suffered severe emotional distress, including weeks of nightmares and an inability to work, but no bodily harm. The wife sued the collector for intentional infliction of emotional distress. Will the wife prevail?
最初の 10 件についてはアカウントは必要ありません。
MBE 224問90 カリフォルニアの質問1 質問あたり 1.8 分各オプションの説明
3つの練習方法
ルールを学び、ペースをつかみ、本番形式で解く。
家庭教師
時間制限なし。解答するたびに解説が開き、そのルールを扱う章へのリンクが付きます。無料アカウントは1日10問まで。
時間制限付きセット
1問1.8分で17〜66問。解説は最後に表示され、各問の所要時間を本番のペースと比較します。
模試
一時停止できない時計で3時間100問、7科目をミックス。または MBE 2セッション全体。
すべての選択肢を解説
誤りの選択肢がなぜ誤りかを理解することで、点数は伸びます。
問題集から1問、解答付きで。すべての問題に、平易な英語によるルール、選択肢ごとの一行解説、出典が付いています。
Real Property
For 15 years a homeowner drove across a strip of her neighbor's land to reach the garage behind her house. When she first began doing so, the neighbor had told her, 'Go ahead and use it as long as you like.' She made no improvements in reliance on that statement and never discussed the matter with the neighbor again. The neighbor recently sold his land to a buyer, who placed boulders across the strip. The homeowner sued to establish a right to continue crossing. The statutory period for prescription in the jurisdiction is 10 years. Does the homeowner have an easement across the strip?
- Yes, because she used the strip openly and continuously for longer than the 10-year statutory period.
- Yes, because the neighbor's statement created a license that became irrevocable after 15 years of reliance.
- No, because her use began with the neighbor's permission and never became adverse.正しい
- No, because a prescriptive easement cannot bind a buyer of the servient land who did not know of the use.
An easement by prescription requires use that is open and notorious, continuous for the statutory period, and adverse, meaning without the owner's permission. Use that begins with permission is not adverse, and it stays permissive until the user clearly repudiates the permission and the owner has a chance to object. Here, the neighbor expressly permitted the use at the start, and nothing later changed its character. The homeowner therefore held only a license. A license is revocable, and it ended when the neighbor sold his land. No prescriptive easement arose, however long the use continued.
各オプションの理由
- A
- This option checks the period but ignores the adversity element. Open and continuous use for the statutory period creates an easement only if the use was also without permission. Permissive use never ripens into a prescriptive right.
- B
- This option assumes time alone makes a license irrevocable. A license becomes irrevocable only when the licensee spends money or labor in reasonable reliance on it. The homeowner made no such investment.
- C
- Correct. Prescription requires adverse use. The neighbor's express permission made the use permissive from the start, so it never became adverse. The homeowner held only a license, which ended when the neighbor sold his land.
- D
- This option misstates the effect of prescription. A prescriptive easement, once acquired, binds later owners of the servient land regardless of notice. The homeowner loses because she never acquired one, not because of the buyer's knowledge.
科目
MBE の7科目とカリフォルニアの6科目。
MBE の出題科目
質問