Welcome back to the Bar Exam Toolbox podcast! This is another episode in our “Listen and Learn” series, where we review legal concepts and apply them to fact patterns. Today, we’re tackling the reasonable person standard in Negligence.
In this episode we discuss:
- Who is the reasonable person we hold everyone else’s conduct up to?
- When do we apply the reasonable person “under the circumstances”?
- Some commonly tested standards (people with physical or mental disabilities, children, professionals)
- Analyzing a Negligence question from the February 2011 California bar exam
- The importance of considering every fact in the fact pattern
- If you think there are two sides to the argument – argue them both!
- Developing an attack plan for Negligence
Thanks for listening!
Listen Now:
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Resources:
- Brainy Bar Bank – UBE (MEE + MPT)
- California Bar Examination – Essay Questions and Selected Answers, February 2011
- The Law of Torts: Examples and Explanations
- Podcast Episode 87: Listen and Learn — Homicide
- Podcast Episode 88: Listen and Learn – Negligence Per Se
- Podcast Episode 89: Listen and Learn – What Is Hearsay?
- Podcast Episode 91: Listen and Learn – Logical and Legal Relevance
- Podcast Episode 92: Listen and Learn – Subject Matter Jurisdiction
- Podcast Episode 93: Listen and Learn – Constructive Eviction
- Podcast Episode 95: Listen and Learn – Promissory Estoppel
Prefer to read? Download the Transcript
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