A Message for This Year's CivPro Class
Q. 9 of the MBE Sample Questions

MBE Civ Pro Exam

The Multistate Bar Exam will have Civ Pro questions starting in  February 2015. Here are some sample questions. I agree with Prof. Clermont that Question 9 is problematic, although my take on it is slightly different. I'll say a bit more about it soon. For the moment, here is the question:

9. A motorcyclist was involved in a collision with a truck. The motorcyclist sued the truck driver in state court for damage to the motorcycle. The jury returned a verdict for the truck driver, and the court entered judgment. The motorcyclist then sued the company that employed the driver and owned the truck in federal court for personal-injury damages, and the company moved to dismiss based on the state-court judgment.
If the court grants the company’s motion, what is the likely explanation?


(A) Claim preclusion (res judicata) bars the motorcyclist’s action against the company.
(B) Issue preclusion (collateral estoppel) establishes the company’s lack of negligence.
(C) The motorcyclist violated the doctrine of election of
remedies.
(D) The state-court judgment is the law of the case.

It goes without saying that this is way down the road for this year's class...

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