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Question 1 of 10 · 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?

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 wa

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224 MBE questions90 California questions1.8 minutes a questionAn explanation for every option


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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?

  1. Yes, because she used the strip openly and continuously for longer than the 10-year statutory period.
  2. Yes, because the neighbor's statement created a license that became irrevocable after 15 years of reliance.
  3. No, because her use began with the neighbor's permission and never became adverse.Correct
  4. 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.

Why each option

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.

Subjects

Seven MBE subjects and six California subjects.


Questions

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Each question follows the NCBE format: a fact pattern, a call, and four options, at the exam pace of 1.8 minutes a question. They are original questions written by our editors, not released NCBE items.
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One MBE session is 100 questions in three hours, mixed across the seven subjects like the exam. The full MBE is two sessions with an optional break. You see your score and every explanation when you submit.
Are California-only subjects covered?
Yes. Multiple-choice questions for the six California essay subjects, such as Community Property and Professional Responsibility, sit in the same bank so you can drill the rules before you write essays on them.
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With the full plan they join a review queue and come back after 2, 7, 21 and 60 days until you answer them correctly four times in a row.

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