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[HETPE3B]

I'm scheduled to do a graded MPT tomorrow. Does anyone know if that means that I'll be doing one of the MPTs in the provided book or another one that will be given in electronic format (making it next to impossible to take due to inability to underline, make notes in the margins, etc)?

[dsclaw]

Spoiler Question: TORTS
Question
The plaintiff and the defendant were passengers sitting in adjoining seats on a flight on an airline. There were many empty seats on the aircraft. During the flight, a flight attendant served the defendant nine drinks. As the defendant became more and more obviously intoxicated and attempted to engage the plaintiff in a conversation, the plaintiff chose to ignore the defendant. This angered the defendant, who suddenly struck the plaintiff in the face, giving her a black eye. If the plaintiff asserts a claim for damages against the airline based on battery, she will

Answers
Prevail, because she suffered an intentionally inflicted harmful or offensive contact.
Prevail, if the flight attendant acted recklessly in continuing to serve liquor to the defendant.
Not prevail, because the defendant was not acting as an agent or employee of the airline.
Not prevail, unless she can establish some permanent injury from the contact.

Rationale:
Answer choice C is correct. Vicarious liability is a form of strict liability in which one person is liable for the tortious actions of another. It arises when one person has the right, ability, or duty to control the activities of another, even though the first person was not directly responsible for the injury. As the defendant here was not within the control of the airline, either as employee or agent, the airline cannot be liable for his conduct. Answer choice A is incorrect because, absent a relationship giving rise to vicarious liability, the airline would not be liable for the actions of the defendant. Answer choice B is incorrect. Even if the flight attendant acted recklessly, the airline would not be responsible for the defendant's actions absent a relationship giving rise to vicarious liability. The airline may be responsible for the actions of its own employees, but the flight attendant did not engage in a battery. Answer choice D is incorrect because there is no requirement that the plaintiff sustain an injury in a battery action, much less a permanent one. Nominal damages are available even if no physical injury occurred.

Can someone explain to me why the airline is not liable. Even after re-reading the torts outline it still seems to me that they should be liable under the DRAM shop statutes, which state if a person is visibly intoxicated and you continue to serve them liquor, you can be vicariously liable for their intoxicated actions.??

So, I think it's because the question asks whether or not she can sue under battery, rather than under another cause of action, like negligence. I thought that Dram Shop statutes were under just a part of negligence/strict liability, not battery.

Good point that this is also a intentional tort, which at the time I did not think about.

[Bikeflip]

CO 49%, but going to power through videos today.

[Chichaca]

51% California. I'm doing well with MBE, but my graded essays have been terrible.

[Agoraphobia]

Hooray, personal best on that mixed MBE, in all of the areas. I think I deserve a couple hours at my friend's BBQ now. That glimmer of light at the end of the tunnel just might not be an oncoming train after all.

[dsclaw]

69% here, but I just accepted a job with the Government which starts July 15... so I powered through some days in June. I feel fine on the MBE, but NY specific questions not so much, I think the fact that when I get to distinctions I assume that every question is going to test on a distinction when in reality it wont.

Took the first Mixed MBE section and definitely played with my mind got 52%, on property there was water rights, on torts there was privacy torts, and on con law it was another rarely tested area.... so I was not too worried.

[as stars burn]

52% for Illinois. I've done jack shit today, and I have 8 things on my to-do list. I still need to do Milestone #2, which I will probably do in about an hour. I probably won't really focus on memorization until the last 2 weeks. That's when most of my outlines should be condensed and flash-card making done. I've spoken to a lot of my friends who have sat for the bar, and this is about the spot where your short-term memory will hold onto the most. By far, my weakest subjects are Property and Evidence. I'm about average everywhere else. I just want to pass.

Is anyone going to actually look at Federal Tax? It hasn't been on Illinois's bar exam in YEARS. Several of my friends last semester skipped it entirely. I'm sort of scared to skip it entirely, but I don't intend to spend too much time freaking out over it. I took it in law school and hated every minute of it.

[Bikeflip]

Actually, would anyone want to crowd-source flashcards? I made flashcards based off the condensed outlines for property, con-law and torts, and I would share with people willing to share their flashcards.

[smokyroom26]

Actually, would anyone want to crowd-source flashcards? I made flashcards based off the condensed outlines for property, con-law and torts, and I would share with people willing to share their flashcards.

I'm willing. I'm in TX and making them for every subject. I make mine with iFlash, which is only viewable on Mac, iPhone, and iPod touch, however.

[as stars burn]

I hand write my flashcards It's the act of writing out the rule that helps me the most (as well as re-typing outlines). I won't be much help with sharing flashcards, but I certainly would if I had done them on a computer!

[geekrocker37]

PA/NJ here at 59%. Starting the memorization process tomorrow, and then the state specific memorization. Next year we'll look back and laugh at this anxiety, right?

[dsclaw]

Holy Shit, Tomorrow I have a Graded MPT, Practice Essay, 2 Practice MPTS, and 3 subjects to review... really?

[as stars burn]

Holy Shit, Tomorrow I have a Graded MPT, Practice Essay, 2 Practice MPTS, and 3 subjects to review... really?

Yeahhhh, I'd switch to Flex Study. That's what I always do when there's a ton of crap on my to-do list that just doesn't seem right together.

[HETPE3B]

Holy Shit, Tomorrow I have a Graded MPT, Practice Essay, 2 Practice MPTS, and 3 subjects to review... really?

I'm pretty sure that the strategy of reviewing stuff you yourself feel like you need to review is much more useful at this point than following Themis's schedule.

[locusdelicti]

I'm scheduled to do a graded MPT tomorrow. Does anyone know if that means that I'll be doing one of the MPTs in the provided book or another one that will be given in electronic format (making it next to impossible to take due to inability to underline, make notes in the margins, etc)?

PA's graded PT was from the book, yeah.

[Holly Golightly]

% check in?

I'm at 47% right now. I was aiming for about 80% total at the end of the course so I guess thats good shape. I know people that are done with all the released course stuff and are just now reviewing outlines. I am jelly.

56% Illinois. Someone is done? That's crazy.

Jesus I'm at 34%. I need to get my ass in gear.

30% here. I should definitely be scared, being 4% behind you.

[as stars burn]

FINALLY sat down to do Milestone #2. 37/50, which is 74%. I'll take it considering I felt like shit for most of the Evidence questions.

[09042014]

Is Advanced Sales just a total rehash of Contracts? Because after 2 chapters there is literally nothing new.

[Agoraphobia]

There' a tiny bit in Ch 2 and a tiny bit in Ch 8, otherwise nothing. Probably not worth your time if you're trying to catch up.

[09042014]

There' a tiny bit in Ch 2 and a tiny bit in Ch 8, otherwise nothing. Probably not worth your time if you're trying to catch up.

Yep, so far I'm just answering the assessment questions without watching and getting them right, except for auctions in ch 2. Thanks.

[balzie94]

Really, Themis? The "4th of July - Take the Day off" thing actually counts as a task completed?

[Holly Golightly]

Really, Themis? The "4th of July - Take the Day off" thing actually counts as a task completed?

And you're complaining about this? GTFO.

[Reinhardt]

I took the 30th, the 1st, and the 3rd off, so it told me to do the Civ Pro lectures today. Not gonna happen.

[as stars burn]

Really, Themis? The "4th of July - Take the Day off" thing actually counts as a task completed?

And you're complaining about this? GTFO.

[balzie94]

Really, Themis? The "4th of July - Take the Day off" thing actually counts as a task completed?

And you're complaining about this? GTFO.

Yes, because now we know why it takes reading an outline, watching 2 hours of a lecture, and taking 2 MBE practice tests to move 1% up. Seriously, I think that thing by itself moved me up 1%.