Like many 3Ls, this past Saturday I had the absolute pleasure of taking the MPRE. Having completed this arduous exercise in ethical gymnastics, my brain is a bit fried, so I was unable to write a column for this issue. Luckily, managed to sneak out the experimental questions from the testing center and have reprinted some of the more amusing ones for your perusal.
1. Baseball player Pay-Rod has an option in his employment contract that will let him opt out of his 10-year deal and declare free agency after this season. He has until 10 days after the World Series to opt out, but he will be traveling to his secret underground training laboratory, so he has instructed Agent Aboras to opt out for him when Pay-Rod sends him an email next week. Unfortunately, a glitch in Pay-rod’s email system causes the message to be sent out too early, and Aboras announces that Pay-rod is opting out of his contract in the middle of Game 4 of the World Series. Is Aboras subject to discipline?
A) Yes, because he should have known that Pay-Rod would not wanted him to have made such an announcement in the middle of the World Series because Pay-Rod is a classy individual.
B) Yes, because Red Sox reliever Hideki Okajima was distracted when the crowd started chanting “Don’t sign Pay-Rod!” and gave up a home run.
C) No, because offseason transactions are much more important to the public than the actual game and they
D) No, because no one really cares about Pay-Rod since he is a postseason choker. Had it been Aboras’s other client, World Series MVP David Eckstein, he would be subject to discipline.
2. Managing Partner Mangini used to work for Barrister Belichick as his coordinator for his defense practice. Two years ago, Mangini was hired away by a rival firm. Mangini is currently representing a client in a matter against one of Belichick’s clients. In fact, Mangini has insider information about Bellichick’s client from when he worked for Belichick and also knows that Belichick has a stash of video tapes documenting his client’s industry espionage. Mangini subsequently alters his discovery request to include these tapes. Was Mangini’s action proper?
A) No, because Mangini has a conflict of interest in the matter since he used to represent Belichick’s client.
B) No, because everyone knows that the information on the tapes is harmless and every other company in the industry does it.
C) Yes, because the tapes allowed Belichick’s client to steal Mangini’s client’s secret manufacturing process.
D) Yes, because Mangini is not as good of a lawyer as Belichick and he needed to get rid of Belichick’s competitive edge.
3. Baller Bryant is the star player on his basketball team. Due to personality conflicts, the team was forced to trade away its other star player several years ago and has done relatively poorly with Bryant at the helm. The team is now contemplating trading him and has contacted Crazy Owner Cuban to try to work out a deal. One day during the negotiations, Cuban runs into Bryant out in the hotel lobby. “We would love to have you on our team,” say Cuban. “I will get this deal done quickly if you keep your next few games close, if you know what I mean.” Bryant, confused, asks Cuban to clarify. “Do I need to spell it out for you? I want you to shave points for the next ten games. I’m trying to raise money to buy the Cubs.” Bryant is conflicted, as he is not fond of cheating. What action must Bryant take?
A) Bryant must report Cuban’s remarks to the league office because Cuban has engaged in fraudulent conduct.
B) Bryant must not say anything because the conversation is protected by owner-player confidentiality.
C) Bryant must carry out Cuban’s point-shaving scheme because he wants to get traded quickly.
D) Bryant must agree to help Cuban but secretly bet on his own team and screw Cuban over by scoring 80 points a game.
4. Safety Sanders is a hard hitter. During one game, Defensive Manager Meeks comes over to Sanders on the sideline and says, “Sanders, I want Brady out of commission.” Sanders says he can beat the other team straight up, but Meeks says he doesn’t want him beaten. When Sanders takes the field on the next drive, he sees Meeks mouth the words “out of commission” to him. The next play called is a safety blitz. Which of the following would be proper for Sanders to do in this situation?
A) Blitz Brady and try to take out his legs, then apologize profusely afterwards that he didn’t mean to do it.
B) Blitz Brady but tackle him cleanly. Sanders could get a penalty for unnecessary roughness if he plays dirty.
C) Drop back into coverage and hope Meeks doesn’t notice.
D) Walk off the field.
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