February 2016 MBE Reactions (Don't discuss specific questions) Forum

[Sirk6222]

I'm pretty certain, based on the Adaptibar lecture and Barbri, that there mere operation of fireworks are not considered an abnormally dangerous activity, thus no strict liability action. Unless I am misunderstood about the specifics of the topic you guys are discussing. Feel free to enlighten me..

A party who conducts abnormally dangerous activity is liable for any harm that results from that. Here, Defendant was conducting abnormally dangerous activity because it is: (a) A highly risky endeavour, (b) the harm that coud occur is massive, (c) there is very little that can be done to prevent that harm, (d) conducting fireworks are not a matter of common usage, (e) the location where it was conducted was inappropriate, and (f) the safety of the community supercedes the value to be gained by conducting fireworks at this location.

The fireworks in this instance constituted abnormally dangerous activity, and will constitute abnormally dangerous activity in almost all situations. It is on the operator of the fireworks to make sure that nobody is injured doing the activity; the fireworks operator is the insurer of the viewer’s safety.

Thank you. However, I re-listened to my Adaptibar lecture the day before MBE exam, and I am almost 100% sure I remember the lecturer (don't remember his name) hone-in on the fact that the mere operation of fireworks are not considered an ADA; and that they theory to sue under would have to be negligence if something went wrong (operator breached a duty to operate the display, etc).. Was the Adaptibar lecture wrong?? (I am also aware of the previous case precedents too. There seems to be a split on the issue)

At this point, I don't even remember what answer I put down so I'm not here to debate. But here are the facts for the Klein case which sound similar to the MBE question:

Pyrodyne was conducting a public fireworks display for the July 4th, 1987 celebration. During the fireworks show, 5-inch fireworks mortars were knocked into a horizontal position, ignited and fired in their direction and went off into a crowd of onlookers. The Kleins were seriously injured as result where Mr. Klein’s clothes were set on fire, suffered facial burns, and serious injury to his eyes.

No need to get testy, sir, as that is not what this forum is for. My question was sincere..

[BVest]

Posting this here because it's as good a place as any. I know it's been said before, but since there was an article I thought I'd share: If you're concerned about having too many Ds or too many As, especially in a row, don't be.

https://www.washingtonpost.com/news/won ... ires-make/

Multiple-choice tests are a good way to illustrate the temptations of the gambler’s fallacy. On the SAT, every question has five possible answers, A through E. Say you’ve just bubbled in “D” for the last three questions. Wouldn’t that make you wary of answering “D” for the next question? What are the chances, after all, that there would be a streak of four identical answers?

Assuming that the answers are distributed randomly, your chances are actually more than one-in-eight that you’ll see a streak of four or more identical answers in a section of 25 questions. And there’s about a 2.7 percent chance you’ll see a streak of five or more consecutive identical answers.

If you were being perfectly rational, you wouldn’t even be thinking about these streak probabilities, though. Seasoned test-takers know to ignore the pattern of past answers, to consider each question on its own terms.

[jtp191]

For those that got their results and passed, did this information turn out to be true? Seemed I had a bunch of D's and C's.

[waiting06]

For those that got their results and passed, did this information turn out to be true? Seemed I had a bunch of D's and C's.

So did I... so I echo your question!

[caveman2]

For those that got their results and passed, did this information turn out to be true? Seemed I had a bunch of D's and C's.

So did I... so I echo your question!

I had TONS of Bs and Ds, but I ended up with a 150. So the long and short of it is...it doesn't mean a damn thing. It doesn't warrant any consideration or worry at all. If you have 18 As in a row, shrug your shoulders and move on. It means nothing.

[z0rk]

For those that got their results and passed, did this information turn out to be true? Seemed I had a bunch of D's and C's.

So did I... so I echo your question!

I had TONS of Bs and Ds, but I ended up with a 150. So the long and short of it is...it doesn't mean a damn thing. It doesn't warrant any consideration or worry at all. If you have 18 As in a row, shrug your shoulders and move on. It means nothing.

Did you end up with a 150 on this administration of the bar when you sat for Pennsylvania? or your prior sitting when you took and passed Texas?

[caveman2]

For those that got their results and passed, did this information turn out to be true? Seemed I had a bunch of D's and C's.

So did I... so I echo your question!

I had TONS of Bs and Ds, but I ended up with a 150. So the long and short of it is...it doesn't mean a damn thing. It doesn't warrant any consideration or worry at all. If you have 18 As in a row, shrug your shoulders and move on. It means nothing.

Did you end up with a 150 on this administration of the bar when you sat for Pennsylvania? or your prior sitting when you took and passed Texas?

This time, when I took it in PA. I got a 152 when I passed in TX.