Bar Exam Redux: My Thoughts & A Bar Exam Question

It’s over. And I’m done. Physically and mentally exhausted by the bar exam itself, and the subsequent celebrations. I’ve slept about 24 hours the last two nights, attempting to recharge my batteries.

The bar exam itself tested both my body and mind. I endured a knotted stomach, a throbbing head, and frayed nerves almost continuously for two days. I took comfort in the fact that just about all of my colleagues felt the same way. The lines on our faces all got just a little bit deeper. Some of us earned our first grey hairs.

By far, the best part about the whole bar exam experience was the bonding and celebration afterward. Letting loose after being wound so tight. Understanding completely the trials and tribulations and commiserating about the ridiculousness of it all. The exclusion of witnesses… what? Negligent hot air ballooning… come again? No Rule Against Perpetuities question?…. Damn I knew that cold.

Thank you to all of you who helped me along the way. To my classmates: thank you for all the little reminders and moments of levity throughout law school and bar review. To my non-law school friends: thank you, your friendship helped me forget about the grind from time to time. To Ambular: thank you, you have helped and supported me more than you will ever know. I could not have done it with out all the support and confidence that all of you gave me.

Now in case you want to try a bar exam question at home here you go. You have 45 minutes, go:

Driver is a 16-year-old who recently obtained his learner driving permit. In Driver’s state of residence the statute provides that a driver wit a valid learner permit shall only operate a vehicle with a licensed adult driver seated in the front seat of the vehicle and shall only drive between the hours of 6 a.m. and 11 p.m. The purpose of the learner permit law is to allow new drivers an opportunity to learn to drive with the guidance of qualified drivers and to minimize risks to others who might be endangered by inexperienced drivers. The time restriction was intended to keep inexperienced drivers off the road during the hours when they are less likely to be fully alert. Driving without a valid driver permit or in violation of the learner permit law is a misdemeanor and subjects an offender to a fine.

Driver was driving a vehicle one night at midnight with a licensed adult driver seated in the front seat next to him. As Driver carefully drove through an intersection with a green light, his vehicle was struck by Thief, who inadvertently ran through a red light.

Thief was driving a car he had stolen 10 minutes earlier from Dealer using keys left in the unlocked car. Dealer is a car dealership which routinely leaves keys in cars on its lot for the convenience of its salespeople. Thief and others had stolen cars from Dealer’s lot in the same manner on other occasions.

Passenger, an adult passenger in the backseat of Driver’s car, was injured when the car Thief was driving struck Driver’s vehicle. Part of Passenger’s injuries were caused by her failure to wear a seat belt.

Passenger brings a negligence claim against Driver, Thief, and Dealer for her damages.

Analyze Passenger’s claims against the defendants. Discuss the likelihood of Passenger prevailing on her claims in light of possible defenses.

(End of actual 2006 MN Bar Exam essay question)