10 的问题 1 · Torts
A man was angry at a coworker who had reported him for arriving late. One afternoon the coworker sat at her desk reading a document, with her back to the office door. The man crept up behind her and swung a heavy metal stapler at her head, intending to hit her. His foot slipped, and the stapler missed her head by a few inches. The coworker never saw or heard the swing. She learned what had happened only the next day, when another employee who had witnessed it told her. She then became very upset and frightened. The coworker sued the man for assault. Will she prevail?
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224 道 MBE 题90 加州问题1.8 分钟提问每个选项的解释
三种练习方式
先学规则，找到节奏，再完整考一场。
导师
不计时。每答一题后显示解析，并附有讲解该规则的章节链接。免费账户每天 10 题。
计时练习
17 到 66 题，每题 1.8 分钟，解析在结束后显示，并将你每题的用时与考试节奏对比。
模考
三小时 100 题，计时无法暂停，七科混合出题；也可以做完整的两场 MBE。
每个选项都有解析
弄清错误选项为什么错，分数才会提高。
题库中的一道题及其解答。每道题都包含同样的内容：用浅显英语说明的规则、每个选项一行解析，以及出处。
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.正确
- 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.
为什么每个选项
- 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.
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