Split (2)

train · 92.9k rows

answer int64 0 3	choices listlengths 4 4	question stringlengths 1 6.54k	__source_orig_idx__ int64 1 99.8k
2	[ "win, because the language of the deed created a determinable fee, which leaves a possibility of reverter in the grantor. ", "win, because the language of the deed created a fee subject to condition subsequent, which leaves a right of entry or power of termination in the grantor. ", "lose, because the language ...	Anders conveyed her only parcel of land to Burton by a duly executed and delivered warranty deed, which provided: To have and to hold the described tract of land in fee simple, subject to the understanding that within one year from the date of the instrument said grantee shall construct and thereafter maintain and oper...	353
0	[ "prevail if the sprinkler head was a hazard that Peter probably would not discover.", "prevail, because O'Neill had not objected to children playing on the common area. 87 ", "not prevail, because Peter did not live in the apartment complex. ", "not prevail unless the sprinkler heads were abnormally dangerous...	A group of children, ranging in age from 8 to 15, regularly played football on the common area of an apartment complex owned by O'Neill. Most of the children lived in the apartment complex, but some lived elsewhere. O'Neill knew that the children played on the common area and had not objected. Peter, a 13-year-old who ...	354
3	[ "the Constitution expressly empowers Congress to enact laws for \"the general welfare.\" ", "Congress has the authority to regulate such products' interstate transportation and importation from abroad.", "Congress may regulate the prices of every purchase and sale of goods and services made in this country, bec...	Congress passes a law regulating the wholesale retail prices of "every purchase or sale of oil, natural gas, and electric power made in the United States." The strongest argument in support of the constitutionality of this statute is that	355
0	[ "$10,000, the contract price. ", "the difference between the contract price and the market value of the chairs.", "nothing, because the chairs had not been delivered. ", "nothing, because the Singer-Byer contract forbade an assignment" ]	In a written contract, Singer agreed to deliver to Byer 500 described chairs at $20 each F.O.B. Singer's place of business. The contract provided that "neither party will assign this contract without the written consent of the other." Singer placed the chairs on board a carrier on January 30. On February 1 Singer said ...	356
3	[ "succeed, because the carrier will be deemed to be Singer's agent. ", "succeed, because the risk of loss was on Singer. ", "not succeed, because of impossibility of performance. ", "not succeed, because the risk of loss was on Byer" ]	In a written contract, Singer agreed to deliver to Byer 500 described chairs at $20 each F.O.B. Singer's place of business. The contract provided that "neither party will assign this contract without the written consent of the other." Singer placed the chairs on board a carrier on January 30. On February 1 Singer said ...	357
1	[ "acquitted, because of the defendant's good faith belief concerning parental rights in supervising children. ", "acquitted, because summoning the physician or feeding the child would not have prevented the child's death from cancer. ", "convicted, because the father's treatment of his son showed reckless indiff...	Dutton, disappointed by his eight-year-old son's failure to do well in school, began systematically depriving the child of food during summer vacation. Although his son became seriously ill from malnutrition, Dutton failed to call a doctor. He believed that as a parent he had the sole right to determine whether the chi...	358
2	[ "not guilty, because the statute defines an attempted crime and there cannot be an attempt to attempt. ", "not guilty, because to convict him would be to punish him simply for having a guilty mind. ", "guilty, because he was close enough to entering the property and he had the necessary state of mind. ", "gui...	Vance had cheated Dodd in a card game. Angered, Dodd set out for Vance's house with the intention of shooting him. Just as he was about to set foot on Vance's property, Dodd was arrested by a police officer who noticed that Dodd was carrying a revolver. A statute in the jurisdiction makes it a crime to "enter the prope...	359
1	[ "constitutional, because congressional control over questions of energy usage is plenary. ", "constitutional, because Congress may establish the manner in which the appellate jurisdiction of the United States Supreme Court is exercised. ", "unconstitutional, because they infringe on the sovereign right of state...	Congress enacted a statute providing that persons may challenge a state energy law on the ground that it is in conflict with the federal Constitution in either federal or state court. According to this federal statute, any decision by a lower state court upholding a state energy law against a challenge based on the fed...	360
0	[ "Yes, because obtaining a loan was a condition precedent to the existence of an enforceable contract. ", "Yes, because the agreement about obtaining a loan is a modification of a construction contract and is not required to be in writing. ", "No, because the agreement about obtaining a loan contradicts the expr...	On January 15, in a signed writing, Artisan agreed to remodel Ohner's building according to certain specifications, and Ohner agreed to pay the specified price of $5,000 to Artisan's niece, Roberta Neese, as a birthday present. Neese did not learn of the agreement until her birthday on May 5. Before they signed the wri...	362
3	[ "Yes, because she is an intended beneficiary of the written Artisan-Ohner contract. ", "Yes, because the written Artisan-Ohner contract operated as an assignment to Neese, and Artisan thereby lost whatever rights he may have had to the $5,000. ", "No, because Neese had not furnished any consideration to support...	On January 15, in a signed writing, Artisan agreed to remodel Ohner's building according to certain specifications, and Ohner agreed to pay the specified price of $5,000 to Artisan's niece, Roberta Neese, as a birthday present. Neese did not learn of the agreement until her birthday on May 5. Before they signed the wri...	363
1	[ "Yes, because it is an admission. ", "Yes, because its value is not substantially outweighed by unfair prejudice. ", "No, because the privilege against selfincrimination is applicable. ", "No, because specific instances of conduct cannot be proved by extrinsic evidence" ]	Dryden is on trial on a charge of driving while intoxicated. When Dryden was booked at the police station, a videotape was made that showed him unsteady, abusive, and speaking in a slurred manner. If the prosecutor lays a foundation properly identifying the tape, should the court admit it in evidence and permit it to b...	364
2	[ "prevail, because a cotenant has no right to assign all or any part of a leasehold without the consent of all interested parties. ", "prevail, because the lease provision prohibits assignment. ", "not prevail, because he is not the beneficiary of the nonassignment provision in the lease. ", "not prevail, beca...	Talbot and Rogers, as lessees, signed a valid lease for a house. Lane, the landlord, duly executed the lease and delivered possession of the premises to the lessees. During the term of the lease, Rogers verbally invited Andrews to share the house with the lessees. Andrews agreed to pay part of the rent to Lane, who did...	365
0	[ "Jones, because Jones was a third-party creditor beneficiary of the contract between Sloan and Abstract Company. ", "Jones, because the abstract prepared by Abstract Company constitutes a guarantee of Jones's title to Newacre. ", "Abstract Company, because Abstract Company had no knowledge of the existence of t...	The owner of Newacre executed and delivered to a power company a right-of-way deed for the building and maintenance of an overhead power line across Newacre. The deed was properly recorded. Newacre then passed through several intermediate conveyances until it was conveyed to Sloan about 10 years after the date of the r...	366
1	[ "Jones, because Sloan is liable for his negligent misrepresentation. ", "Jones, because the covenants in Sloan's deed to Jones have been breached. ", "Sloan, because Jones relied upon Abstract Company, not Sloan, for information concerning title. ", "Sloan, because Sloan was without knowledge of any defects i...	The owner of Newacre executed and delivered to a power company a right-of-way deed for the building and maintenance of an overhead power line across Newacre. The deed was properly recorded. Newacre then passed through several intermediate conveyances until it was conveyed to Sloan about 10 years after the date of the r...	367
0	[ "a public school teacher to exclude AfricanAmerican pupils from her class, solely because of their race. ", "African-American pupils, solely because of their race, to refrain from attending a privately owned and operated school licensed by the state. ", "the bus driver operating a free school bus service under ...	Congress enacts a criminal statute prohibiting "any person from interfering in any way with any right conferred on another person by the equal protection clause of the Fourteenth Amendment. Application of this statute to Jones, a private citizen, would be most clearly constitutional if Jones, with threats of violence, ...	368
0	[ "recover if she can recover against Steel.", "recover, because Innes was an invitee of a tenant in the building. ", "not recover unless Paint Company was negligent.", "not recover, because the glue came in a sealed package" ]	Innes worked as a secretary in an office in a building occupied partly by her employer and partly by Glass, a retail store. The two areas were separated by walls and were in no way connected, except that the air conditioning unit served both areas and there was a common return-air duct. Glass began remodeling, and its ...	369
3	[ "recover, because a user of a product is held to the same standard as the manufacturer. ", "recover, because the employees of Glass caused the fumes to enter her area of the building. ", "not recover, because Glass used the glue for its intended purposes. ", "not recover, because the employees of Glass had no...	Innes worked as a secretary in an office in a building occupied partly by her employer and partly by Glass, a retail store. The two areas were separated by walls and were in no way connected, except that the air conditioning unit served both areas and there was a common return-air duct. Glass began remodeling, and its ...	370
2	[ "admissible for impeachment only.", "admissible as substantive evidence only.", "admissible for impeachment and as substantive evidence.", "inadmissible, because it is hearsay, not within any exception." ]	In Polk's negligence action against Dell arising out of a multiple-car collision, Witt testified for Polk that Dell went through a red light. On cross-examination, Dell seeks to question Witt about her statement that the light was yellow, made in a deposition that Witt gave in a separate action between Adams and Baker....	373
3	[ "remainder to the children and to the grandchildren is void because Green could have subsequently married a person who was unborn at the time Green executed his will. 92", "remainder to the children is valid, but the substitutionary gift to the grandchildren is void because Green could have subsequently married a...	In 1965 Hubert Green executed his will which in pertinent part provided, "I hereby give, devise, and bequeath Greenvale to my surviving widow for life, remainder to such of my children as shall live to attain the age of 30 years, but if any child dies under the age of 30 years survived by a child or children, such chil...	374
3	[ "recover, because the hospital accused Siddon of improper professional conduct. ", "recover if Siddon did not take the narcotics.", "not recover if narcotics disappeared during Siddon's shifts.", "not recover if the hospital reasonably believed that Siddon took the narcotic" ]	Siddon worked as a private duty nurse and on occasion worked in Doctors' Hospital. The hospital called Registry, the private duty referral agency through which Siddon usually obtained employment, and asked that in the future she not be assigned to patients in Doctors' Hospital. Registry asked the hospital why it had ma...	375
2	[ "Zeller has a cause of action against Baker, because Zeller has substantially performed his contract. ", "Zeller is excused from performing his contract because of impossibility of performance.", "Baker has a cause of action against Zeller for Zeller's failure to deliver 100 bushels of wheat.", "Baker is obli...	Zeller contracted in writing to deliver to Baker 100 bushels of wheat on August 1 at $3.50 a bushel. Because his suppliers had not delivered enough wheat to him by that time, Zeller on August 1 had only 95 bushels of wheat with which to fulfill his contract with Baker. If Zeller tenders 95 bushels of wheat to Baker on ...	376
3	[ "$50 million, because the President could reasonably determine that this program is not as important to the general welfare as other programs. ", "$50 million, because as chief executive the President has the constitutional authority to control the actions of all of his subordinates by executive order. ", "$90 ...	A federal statute sets up a program of dental education. The statute provides that the Secretary of Health and Human Services "shall, on a current basis, spend all of the money appropriated for this purpose" and "shall distribute the appropriated funds" by a specified formula to state health departments that agree to p...	377
0	[ "proper, because the conduct involved untruthfulness. ", "proper provided that the conduct resulted in conviction of Wilson.", "improper, because the impeachment involved a specific instance of misconduct. ", "improper, because the claim form would be the best evidence" ]	Powers sued Debbs for battery. At trial, Powers's witness Wilson testified that Debbs had made an unprovoked attack on Powers. On cross-examination, Debbs asks Wilson about a false claim that Wilson once filed on an insurance policy. The question is	378
2	[ "Byco could treat the notice as an anticipatory repudiation, and had a cause of action on May 10 for breach of the entire contract ", "Byco could treat the notice as an anticipatory repudiation, and could sue to enjoin an actual breach by Selco on May 31. ", "Byco had no cause of action for breach of contract, ...	On March 31, Selco and Byco entered into a written agreement in which Selco agreed to fabricate and sell to Byco 10,000 specially designed brake linings for a new type of power brake manufactured by Byco. The contract provided that Byco would pay half of the purchase price on May 15 in order to give Selco funds to "too...	379
3	[ "Byco has a cause of action for total breach of contract because of Selco's repudiation, but that cause of action will be lost if Selco retracts its repudiation before Byco changes its position or manifests to Selco that Byco considers the repudiation final. ", "Byco can bring suit to rescind the contract even if...	On March 31, Selco and Byco entered into a written agreement in which Selco agreed to fabricate and sell to Byco 10,000 specially designed brake linings for a new type of power brake manufactured by Byco. The contract provided that Byco would pay half of the purchase price on May 15 in order to give Selco funds to "too...	380
1	[ "A state does not have an interest that is sufficiently compelling to justify the exclusion from voting of an entire class of persons.", "There are less restrictive means by which the state could assure that only actual residents of a community vote in its elections.", "Most persons moving to a community to att...	A state statute provides that persons moving into a community to attend a college on a full-time basis may not vote in any elections for local or state officials that are held in that community. Instead, the statute provides that for voting purposes all such persons shall retain their residence in the communities from ...	381
2	[ "granted, because once Dillon was convicted on any of the charges arising out of the robbery, the prosecution was constitutionally estopped from proceeding against Dillon on any charge stemming from the same transaction. ", "granted, because the double jeopardy clause prohibits a subsequent trial on what is essen...	Dillon held up a gasoline station. During the robbery he shot and killed a customer who attempted to apprehend him. Dillon was prosecuted for premeditated murder and convicted. Thereafter, he was indicted for armed robbery of the station. Before the trial, his attorney moved to dismiss the indictment on the ground that...	383
0	[ "Yes, because as between Ellis and Toyco, Ellis was responsible for the design of Zappo. ", "Yes, because Toyco and Ellis were joint tortfeasors. ", "No, because Toyco, as the manufacturer, was strictly liable to Carla. ", "No, if Toyco, by a reasonable inspection, could have discovered the defect in the desi...	Ellis, an electrical engineer, designed an electronic game known as Zappo. Ellis entered into a licensing agreement with Toyco under which Toyco agreed to manufacture Zappo according to Ellis's specifications and to market it and pay a royalty to Ellis. Carla, whose parents had purchased a Zappo game for her, was injur...	384
2	[ "admitted as a statement of recent perception.", "admitted as a present sense impression.", "excluded, because it is hearsay, not within any exception. ", "excluded, because it is more prejudicial than probative" ]	While crossing Spruce Street, Pesko was hit by a car that she did not see. Pesko sued Dorry for her injuries. At trial, Pesko calls Williams, a police officer, to testify that, 10 minutes after the accident, a driver stopped him and said, "Officer, a few minutes ago I saw a hit-and-run accident on Spruce Street involvi...	385
3	[ "Yes, because the oral agreement was supported by an independent consideration. ", "Yes, because the evidence of the parties' negotiations is relevant to their contractual intent concerning maturity of the debt. ", "No, because such evidence is barred by the preexisting duty rule. ", "No, because such evidenc...	The Kernel Corporation, through its president, Demeter Gritz, requested from Vault Finance, Inc., a short-term loan of $100,000. On April 1, Gritz and Vault's loan officer agreed orally that Vault would make the loan on the following terms: (1) The loan would be repaid in full on or before the following July 1 and woul...	386
3	[ "Yes, because Gritz signed the memorandum. ", "Yes, because, as president of the debtorcompany, Gritz is a third-party beneficiary of the loan. ", "No, because there was no separate consideration for Gritz's promise. ", "No, because such proof is barred by the Statute of Frauds" ]	The Kernel Corporation, through its president, Demeter Gritz, requested from Vault Finance, Inc., a short-term loan of $100,000. On April 1, Gritz and Vault's loan officer agreed orally that Vault would make the loan on the following terms: (1) The loan would be repaid in full on or before the following July 1 and woul...	387
3	[ "guilty, because there was an agreement and the entry into the bedroom is sufficient for the overt act. ", "guilty, because good motives are not a defense to criminal liability. ", "not guilty, because he did not have a corrupt motive. ", "not guilty, because he did not intend to steal" ]	Adams, Bennett, and Curtis are charged in a common law jurisdiction with conspiracy to commit larceny. The state introduced evidence that they agreed to go to Nelson's house to take stock certificates from a safe in Nelson's bedroom, that they went to the house, and that they were arrested as they entered Nelson's bedr...	388
2	[ "guilty, because there was an agreement and the entry into the bedroom is sufficient for the overt act. ", "guilty, because he is not a police officer and thus cannot claim any privilege of apprehending criminals. ", "not guilty, because he did not intend to steal. ", "not guilty, because he prevented the the...	Adams, Bennett, and Curtis are charged in a common law jurisdiction with conspiracy to commit larceny. The state introduced evidence that they agreed to go to Nelson's house to take stock certificates from a safe in Nelson's bedroom, that they went to the house, and that they were arrested as they entered Nelson's bedr...	389
3	[ "guilty, because there was an agreement and the entry into the bedroom is sufficient for the overt act. ", "guilty, because he intended to steal. ", "not guilty, because a conviction would penalize him for exercising his right not to be a witness. ", "not guilty, because Adams and Bennett did not intend to st...	Adams, Bennett, and Curtis are charged in a common law jurisdiction with conspiracy to commit larceny. The state introduced evidence that they agreed to go to Nelson's house to take stock certificates from a safe in Nelson's bedroom, that they went to the house, and that they were arrested as they entered Nelson's bedr...	390
2	[ "obtain an order for specific performance at a price of $75,000. ", "obtain an order for specific performance at a price of $70,000. ", "lose, because Perez did not contract to take subject to the easement to Electric Company. ", "lose, because a high-voltage power line is a nuisance per se." ]	O'Neal entered into a written contract to sell her house and six acres known as Meadowacre to Perez for $75,000. Delivery of the deed and payment of the purchase price were to be made six months after the contract. The contract provided that Meadowacre was to be conveyed "subject to easements, covenants, and restrictio...	391
3	[ "admissible as an admission by a partyopponent.", "admissible as a statement against pecuniary interest.", "inadmissible, because Danver's statement is lay opinion on a legal issue. ", "inadmissible, because Danver's statement was made in an effort to settle the claim." ]	Pratt sued Danvers for injuries suffered by Pratt when their automobiles collided. At trial Pratt offers into evidence a properly authenticated letter from Danvers that says, "your claim seems too high, but, because I might have been a little negligent, I'm prepared to offer you half of what you ask." The letter is	392
3	[ "Transferred intent.", "Felony murder, with assault with a deadly weapon as the underlying felony. ", "Intentional killing, since he knew that the children were there and he deliberately drove his car at them. ", "Commission of an act highly dangerous to life, without an intent to kill but with disregard of t...	Dobbs, while intoxicated, drove his car through a playground crowded with children just to watch the children run to get out of his way. His car struck one of the children, killing her instantly. Which of the following is the best theory for finding Dobbs guilty of murder?	393
0	[ "proper if the court finds that the probative value for impeachment outweighs the prejudice to Darden.", "proper, because the prosecutor is entitled to make this inquiry as a matter of right. ", "improper, because burglary does not involve dishonesty or false statement. 97 ", "improper, because the conviction...	Darden was prosecuted for armed robbery. At trial, Darden testified in his own behalf, denying that he had committed the robbery. On crossexamination, the prosecutor intends to ask Darden whether he was convicted of burglary six years earlier The question concerning the burglary conviction is	394
1	[ "grant money damages only to Bard.", "grant specific performance to Bard.", "grant Bard only the right to retain the $10,000. ", "require Bard to refund the $10,000 to Cutter" ]	Osif owned Broadacres in fee simple. For a consideration of $5,000, Osif gave Bard a written option to purchase Broadacres for $300,000. The option was assignable. For a consideration of $10,000, Bard subsequently gave an option to Cutter to purchase Broadacres for $325,000. Cutter exercised his option. Bard thereupon ...	395
2	[ "The obligation of contracts clause.", "The general welfare clause of Article I, Â§8. ", "The Thirteenth Amendment.", "The Fourteenth Amendment" ]	Congress enacts a statute punishing "each and every conspiracy entered into by any two or more persons for the purpose of denying persons housing, employment, or education, solely because of their race." Under which of the following constitutional provisions is the authority of Congress to pass such a statute most clea...	396
1	[ "Yes, provided she first identifies the data on which her opinion is based. ", "Yes, because an expert may base her opinion on facts made known to her at the trial. ", "No, because she has no personal knowledge of Peel's condition. ", "No, because permanence of injury is an issue to be decided by the jury." ]	In Peel's personal injury action, Wilson, a physician who had no previous knowledge of the matter, sat in court and heard all the evidence about Peel's symptoms and conditions. Wilson is called to give her opinion whether Peel's injuries are permanent. May Wilson so testify?	397
0	[ "under several of its enumerated powers, Congress may legislate to preserve the monopoly of the national government over the conduct of United States foreign affairs. ", "the President's inherent power to negotiate for the United States with foreign countries authorizes the President, even in the absence of statu...	A federal criminal law makes it a crime for any citizen of the United States not specifically authorized by the President to negotiate with a foreign government for the purpose of influencing the foreign government in relation to a dispute with the United States. The strongest constitutional ground for the validity of ...	398
2	[ "Arthur, because during the past 30 years Arthur has exercised the type of occupancy ordinarily considered sufficient to satisfy the adverse possession requirements. ", "Arthur, because the acts of the parties indicate Celia's intention to renounce her right to inheritance. ", "Celia, because there is no eviden...	Arthur and Celia, brother and sister, both of legal age, inherited Goodacre, their childhood home, from their father. They thereby became tenants in common. Goodacre had never been used as anything except a residence. Arthur had been residing on Goodacre with his father at the time his father died. Celia had been resid...	399
0	[ "Yes, because the operation of the storage facility was an abnormally dangerous activity. ", "Yes, because the intrusion of the smoke onto Farber's farm amounted to a trespass. ", "No, if the explosion was caused by internal corrosion that reasonable inspection procedures would not have disclosed. ", "No, if ...	Gasco owns a storage facility where flammable gases are stored in liquified form under high pressure in large spherical tanks. The facility was constructed for Gasco by Acme Company, a firm that specializes in the construction of such facilities. After the facility had been in use for five years, an explosion in the fa...	400
3	[ "No, if Acme did not design the storage facility. ", "No, because Acme was an independent contractor. ", "Yes, because the operation of the storage facility was an abnormally dangerous activity. ", "Yes, if the explosion resulted from a defect of which Acme was aware" ]	Gasco owns a storage facility where flammable gases are stored in liquified form under high pressure in large spherical tanks. The facility was constructed for Gasco by Acme Company, a firm that specializes in the construction of such facilities. After the facility had been in use for five years, an explosion in the fa...	401
2	[ "valid, because aliens are not per se \"a discrete and insular minority\" specially protected by the Fourteenth Amendment. ", "valid, because the line drawn by the state for extending aid was reasonably related to a legitimate state interest. 99 ", "invalid, because the justifications for this restriction are i...	Pursuant to a state statute, Clovis applied for tuition assistance to attend the Institute of Liberal Arts. He was qualified for such assistance in every way except that he was a resident alien who did not intend to become a United States citizen. The state's restriction of such grants to United States citizens or resi...	403
3	[ "Yes, because Vintage's performance was to run to Claret rather than to Bouquet. ", "Yes, because Bouquet and Vintage could reasonably foresee that Claret would change his position in reliance on the contract. ", "No, because Bouquet and Vintage did not expressly agree that Claret would have enforceable rights ...	A written contract was entered into between Bouquet, a financier-investor, and Vintage Corporation, a winery and grape-grower. The contract provided that Bouquet would invest $1,000,000 in Vintage for its capital expansion and, in return, that Vintage, from grapes grown in its famous vineyards, would produce and market...	404
2	[ "the Bouquet-Vintage contract did not expressly authorize an assignment of rights.", "Bouquet and Vintage are partners, not simply debtor and creditor. ", "Amicusbank is not an assignee of Bouquet's rights under the BouquetVintage contract.", "Amicusbank is not an intended thirdparty beneficiary of the Bouque...	A written contract was entered into between Bouquet, a financier-investor, and Vintage Corporation, a winery and grape-grower. The contract provided that Bouquet would invest $1,000,000 in Vintage for its capital expansion and, in return, that Vintage, from grapes grown in its famous vineyards, would produce and market...	405
0	[ "Yes, because the Vintage-Agribiz transaction created a significant risk of diminishing the profits in which Bouquet would share under his contract with Vintage. ", "Yes, because the Bouquet-Vintage contract did not contain a provision authorizing a delegation of Vintage's duties. ", "No, because Vintage remain...	A written contract was entered into between Bouquet, a financier-investor, and Vintage Corporation, a winery and grape-grower. The contract provided that Bouquet would invest $1,000,000 in Vintage for its capital expansion and, in return, that Vintage, from grapes grown in its famous vineyards, would produce and market...	406
3	[ "A city ordinance providing for a fine of not more than $200 for shoplifting.", "A federal statute making it a felony to possess heroin.", "A state statute making it a felony to fail to register a firearm.", "A state statute making the sale of adulterated milk a misdemeanor" ]	Which of the following is most likely to be found to be a strict liability offense?	407
2	[ "Yes, because Dugan owed the child the highest degree of care. ", "Yes, because a tw0-year-old is incapable of contributory negligence. ", "No, unless Dugan or his employees failed to exercise reasonable care to assure Bobby's safety. ", "No, if Mary Weld assumed the risk by leaving Bobby in the nursery" ]	When Mary Weld visited Dugan's Alleys to participate in the weekly bowling league competition held there, she brought her twoyear-old son, Bobby, along and left him in a nursery provided by Dugan for the convenience of his customers. The children in the nursery were normally supervised by three attendants, but at this ...	409
1	[ "Yes, because Congress has the power to regulate property for the general welfare. ", "Yes, because Congress could determine that in inseverable aggregates bicycle thefts affect interstate commerce. ", "No, because most stolen bicycles remain within the state in which they were stolen. ", "No, because the reg...	Congress passes an act requiring that all owners of bicycles in the United States register them with a federal bicycle registry. The purpose of the law is to provide reliable evidence of ownership to reduce bicycle theft. No fee is charged for the registration. Although most stolen bicycles are kept or resold by the th...	410
1	[ "acquitted, because he did not complete the crime and he has not been charged with attempt. ", "acquitted, because what he intended to do when he broke in was not a crime. ", "convicted, because he had the necessary mental state and committed the act of breaking and entering. ", "convicted, because factual im...	Donaldson broke into Professor Ruiz's office in order to look at examination questions. The questions were locked in a drawer, and Donaldson could not find them. Donaldson believed that looking at examination questions was a crime, but in this belief he was mistaken. Charged with burglary, Donaldson should be	411
3	[ "admissible, provided that the hoax involved untruthfulness. ", "admissible, provided that the hoax resulted in conviction of Fisher. ", "inadmissible, because it is merely cumulative impeachment. ", "inadmissible, because it is extrinsic evidence of a specific instance of misconduc" ]	In a tort action, Fisher testified against Dawes. Dawes then called Jones, who testified that Fisher had a bad reputation for veracity. Dawes then also called Weld to testify that Fisher once perpetrated a hoax on the police. Weld's testimony is	413
3	[ "Placek should have judgment for $50,000 each against Astin and Garrison; Astin should recover nothing from Garrison. ", "Placek should have judgment for $100,000 against Garrison only. ", "Placek should have judgment for $100,000 against Astin and Garrison jointly, and Astin should have judgment against Garris...	Astin left her car at Garrison's Garage to have repair work done. After completing the repairs, Garrison took the car out for a test drive and was involved in an accident that caused damages to Placek. A statute imposes liability on the owner of an automobile for injuries to a third party that are caused by the neglige...	414
0	[ "A contingent remainder.", "A vested remainder subject to divestment.", "A springing use.", "None." ]	Martinez, a widower, owns in fee simple a ranch, Ranchacre. Martinez has one child, Enrique, who is married. Enrique has one child, Ana Maria, who is also married but has no children. In an effort to dispose of Ranchacre to his descendants and to honor a request by Ana Maria that she be skipped in any disposition, Mart...	415
0	[ "Yes, because the ties were nonconforming goods. ", "Yes, because Kravat did not notify Clothier that the ties were shipped as an accommodation to Clothier. ", "No, because Kravat could accept Clothier's offer by prompt shipment of either conforming or nonconforming goods. ", "No, because Clothier waived his ...	On June 1, Kravat, a manufacturer of men's neckties, received the following order from Clothier: "Ship 500 two-inch ties, assorted stripes, your catalogue No. V34. Delivery by July l." On June 1, Kravat shipped 500 three-inch ties that arrived at Clothier's place of business on June 3. Clothier immediately telegraphed ...	416
2	[ "Yes, because Kravat's shipping the threeinch ties on June 1 was a present breach of contract. ", "Yes, because Kravat's shipping the threeinch ties on June 1 was an anticipatory repudiation. ", "No, because Kravat cured the June 1 defective delivery by his tender of conforming goods on June 30. ", "No, becau...	On June 1, Kravat, a manufacturer of men's neckties, received the following order from Clothier: "Ship 500 two-inch ties, assorted stripes, your catalogue No. V34. Delivery by July l." On June 1, Kravat shipped 500 three-inch ties that arrived at Clothier's place of business on June 3. Clothier immediately telegraphed ...	417
0	[ "the part of his loss that would have been prevented if the collision had not occurred.", "the value of his house before the fire.", "nothing if Dever had nothing to do with causing the fire.", "nothing, because Dever's conduct did not create an apparent danger to Peters" ]	Dever drove his car into an intersection and collided with a fire engine that had entered the intersection from Dever's right. The accident was caused by negligence on Dever's part. As a result of the accident, the fire engine was delayed in reaching Peters' house, which was entirely consumed by fire. Peters' house was...	419
0	[ "not recover if Hammond reasonably believed his statement to be true.", "not recover if the board granted Miller's application.", "recover, because Hammond's statement was false. ", "recover, because Hammond appeared before the board voluntarily" ]	Miller applied to the state liquor board for transfer of the license of Miller's Bar and Grill to a new site. The board held a hearing on the application. At that hearing, Hammond appeared without being subpoenaed and stated that Miller had underworld connections. Although Hammond did not know this information to be tr...	420
3	[ "Santos, because any suit against Perrine concerning the setback would be frivolous. ", "Santos, because the setback violation falls within the doctrine de minimis non curat lex. ", "Perrine, because any variation, however small, amounts to a breach of contract. ", "Perrine, because the fact that Perrine may ...	Santos agreed to sell and Perrine agreed to buy a described lot on which a single-family residence had been built. Under the contract, Santos agreed to convey marketable title subject only to conditions, covenants, and restrictions of record and all applicable zoning laws and ordinances. The lot was subject to a 10-foo...	421
1	[ "Young honestly believed that the device would cure arthritis, but his belief was unreasonable. ", "Brown honestly believed that the device would cure arthritis, but her belief was unreasonable. ", "Young was playing a practical joke on Brown and intended to return the money.", "Brown was an undercover police...	Young, believing that Brown suffered from arthritis, told her that for $100 he could cure her with a device he had invented. The device was a large box with a series of electric light bulbs along the sides. Brown, after examining the device, agreed to take the treatment, which consisted of placing her hands inside the ...	422
3	[ "The commerce clause of Article I, Â§ 8. ", "The privileges and immunities clause of Article IV.", "The enforcement clause of the Fourteenth Amendment.", "The property clause of Article IV, Â§ 3" ]	Congress enacted a law prohibiting the killing, capture, or removal of any form of wildlife upon or from any federally owned land. Which of the following is the most easily justifiable source of national authority for this federal law?	423
0	[ "The choice is Wanda's.", "The choice is David's.", "Wanda is permitted to testify only if both Wanda and David agree.", "Wanda is compelled to testify even if both Wanda and David objec" ]	David is being tried in federal court for criminal conspiracy with John to violate federal narcotics law. At trial, the prosecutor calls David's new wife, Wanda, and asks her to testify about a meeting between David and John that she observed before she married David. Which of the following is the most accurate stateme...	424
1	[ "Yes, because he has a license, which is a property right protected by the due process clause. ", "Yes, because he has a profit Ã prendre, which is a property right protected by the due process clause. ", "No, because he has a license, and licenses are not property rights protected by the due process clause. "...	Opus, the owner of Stoneacre, entered into a written agreement with Miner. Under this written agreement, which was acknowledged and duly recorded, Miner, for a five-year period, was given the privilege to enter on Stoneacre to remove sand, gravel, and stone in whatever quantities Miner desired. Miner was to make monthl...	425
3	[ "intoxication.", "lack of malice aforethought.", "self-defense.", "insanity" ]	Dan was an alcoholic who frequently experienced auditory hallucinations that commanded him to engage in bizarre and sometimes violent behavior. He generally obeyed these commands. The hallucinations appeared more frequently when he was intoxicated, but he sometimes experienced them when he had not been drinking. After ...	426
3	[ "Yes, because Prodigal was a third-party intended beneficiary of the original MaterVault deposit agreement. ", "Yes, because Prodigal was a constructive assignee of Mater's claim, as depositor, to the savings account. ", "No, because Prodigal never obtained possession of the passbook. ", "No, because Prodigal...	Mater, a wealthy widow, wishing to make a substantial and potentially enduring gift to her beloved adult stepson Prodigal, established with Vault Savings and Loan Association a passbook savings account by an initial deposit of $10,000.For this question only, assume the following facts. The passbook was issued solely in...	427
2	[ "The estate prevails, because Mater's gift to Prodigal was revocable and was terminated by her death. ", "The estate prevails, because Mater's gift to Prodigal was revocable and was terminated by her express revocation. ", "Prodigal prevails, because he took Mater's claim to the savings account by a gratuitous ...	Mater, a wealthy widow, wishing to make a substantial and potentially enduring gift to her beloved adult stepson Prodigal, established with Vault Savings and Loan Association a passbook savings account by an initial deposit of $10,000."For this question only, assume the following facts. The passbook was issued by Vault...	428
0	[ "admitted, because it is relevant to the weight to be given to Wall's testimony. ", "admitted, because specific acts bearing on truthfulness may be inquired about on cross-examination. ", "excluded, because the court has determined that Wall is qualified to testify as an expert. ", "excluded, because Wall's c...	In a civil suit by Pine against Decker, Decker called Wall, a chemist, as an expert witness and asked him a number of questions about his education and experience in chemistry. Over Pine's objection that Wall was not shown to be qualified in chemistry, the trial court permitted Wall to testify as to his opinion in resp...	429
3	[ "constitutional, because disagreements over federal grant-in-aid funds necessarily involve federal questions within the judicial power of the United States. ", "constitutional, because the spending of federal monies necessarily includes the authority to provide for the effective settlement of disputes involving t...	Congress enacts a law providing that all disagreements between the United States and a state over federal grant-in-aid funds shall be settled by the filing of a suit in the federal district court in the affected state. "The judgment of that federal court shall be transmitted to the head of the federal agency dispensing...	430
2	[ "Statement 1 only.", "Statement 2 only.", "Statements 1 and 2 only.", "Statements 2 and 3 onl" ]	Purvis purchased a used car from Daley, a used car dealer. Knowing that they were false, Daley made the following statements to Purvis prior to the sale: Statement 1. This car has never been involved in an accident. Statement 2. This car gets 25 miles to the gallon on the open highway. Statement 3. This is as smooth-ri...	431
0	[ "A non-expert who, in preparation for trial, has familiarized himself with Drake's usual signature testifies that, in his opinion, the questioned signature is genuine. ", "The jury, without the assistance of an expert, compares the questioned signature with an admittedly authentic sample of Drake's handwriting. "...	In a contract suit by Perez against Drake, each of the following is an accepted method of authenticating Drake's signature on a document offered by Perez EXCEPT:	432
1	[ "Yes, because the instrument is recorded. ", "Yes, because Barton's right to purchase will vest or fail within the period prescribed by the Rule Against Perpetuities. ", "No, because Barton's right to purchase is a restraint on the owner's power to make a testamentary disposition. ", "No, because Barton's rig...	For a valuable consideration, Amato, the owner of Riveracre, signed and gave to Barton a duly executed instrument that provided as follows: "The grantor may or may not sell Riveracre during her lifetime, but at her death, or if she earlier decides to sell, the property will be offered to Barton at $500 per acre. Barton...	433
0	[ "Robbery from James Green.", "Larceny from James Green.", "Assault on James and Mary Green.", "Assault on Mary Green" ]	James and Mary Green were walking to their car one evening after having seen a movie. As they were passing a dark alleyway, Daves leaped out brandishing a gun. He pushed Mary against the wall of a nearby building, held the gun to her head, and demanded money from James. James handed over his cash. Daves grabbed the cas...	434
2	[ "guilty, because in firing the shot Balcom was trying to help her. ", "guilty, because she and Balcom were acting in concert in a dangerous undertaking. ", "not guilty, because she had no idea that Balcom was armed and she did not plan to use force. ", "not guilty, because she was exercising selfhelp and did ...	Dunbar and Balcom went into a drugstore, where Dunbar reached into the cash register and took out $200. Stone, the owner of the store, came out of a back room, saw what had happened, and told Dunbar to put the money back. Balcom then took a revolver from under his coat and shot and killed Stone. Dunbar claims that Ston...	436
2	[ "Suit dismissed, because Dunn does not have standing to bring this action. ", "Suit dismissed, because there is no adversity between Dunn and the defendants. ", "Suit dismissed, because it presents a nonjustifiable political question. ", "Suit decided on the merits" ]	The President of the United States recognizes the country of Ruritania and undertakes diplomatic relations with its government through the Secretary of State. Ruritania is governed by a repressive totalitarian government. In an appropriate federal court, Dunn brings a suit against the President and Secretary of State t...	437
3	[ "Nothing, because neither company discharged enough pesticide to cause harm to Landesmann's cattle. ", "Nothing, unless Landesmann can establish how much pesticide each plant discharged. ", "One-half of Landesmann's damages from each company.", "The entire amount of Landesmann's damages, jointly and severally...	Acorp and Beeco are companies that each manufacture pesticide X. Their plants are located along the same river. During a specific 24-hour period, each plant discharged pesticide into the river. Both plants were operated negligently and such negligence caused the discharge of the pesticide into the river. Landesmann ope...	438
1	[ "inadmissible, because it is not the best evidence. ", "inadmissible, because it is impeachment on a collateral question. ", "admissible as evidence of a regularly conducted activity.", "admissible as tending to impeach Walters' credibility" ]	Paulsen sued Daly for nonpayment of a personal loan to Daly, as evidenced by Daly's promissory note to Paulsen. Paulsen called Walters to testify that he knows Daly's handwriting and that the signature on the note is Daly's. On direct examination, to identify himself, Walters gave his name and address and testified tha...	439
0	[ "Yes, if the brake failed because of a defect present when the bicycle left the factory of Cycle Company. ", "Yes, because the brake failed while Roth was riding the bicycle. ", "No, if Roth contributed to his own injury by speeding up. ", "No, if Bike Shop carefully inspected the bicycle before selling it. "...	Cycle Company manufactured a bicycle that it sold to Bike Shop, a retail bicycle dealer, which in turn sold it to Roth. Shortly thereafter, while Roth was riding the bicycle along a city street, he saw a traffic light facing him turn from green to yellow. He sped up, hoping to cross the intersection before the light tu...	441
3	[ "sustain the motion, because Fido on October 15 stated its willingness, and gave assurance of its ability, to perform the contract in January. ", "sustain the motion, because Toy Store's lawsuit is premature in any case until after November 15. ", "deny the motion, because Toy Store's complaint alleges an actio...	On October 1, Toy Store, Inc., entered into a written contract with Fido Factory, Inc., for the purchase at $20 per unit of 1,000 mechanical dogs, to be specially manufactured by Fido according to Toy Store's specifications. Fido promised to deliver all of the dogs "not later than November 15, for the Yule shopping sea...	444
0	[ "nothing, because the October 5 assignment by Fido to High Finance of Fido's contract with Toy Store was only an assignment for security. ", "nothing, because no record of the October 5 transaction between Fido and High Finance was publicly filed. ", "$10,000 in damages, because Toy Store was a third-party inte...	On October 1, Toy Store, Inc., entered into a written contract with Fido Factory, Inc., for the purchase at $20 per unit of 1,000 mechanical dogs, to be specially manufactured by Fido according to Toy Store's specifications. Fido promised to deliver all of the dogs "not later than November 15, for the Yule shopping sea...	445
3	[ "Yes, because the undesignated parcel is not a lot to which the subdivision building restrictions apply. ", "Yes, because the undesignated parcel is not part of the subdivision. ", "No, because the undesignated parcel has never been approved by the proper governmental authority. ", "No, because the map leaves...	A 10-lot subdivision was approved by the proper governmental authority. The authority's action was pursuant to a map filed by Diaz, which included an undesignated parcel in addition to the 10 numbered lots. The undesignated parcel is differently shaped and somewhat larger than any one of the numbered lots. Subdivision ...	446
0	[ "The state has the burden of persuading the court that the application of this statute to Zeller is necessary to vindicate an important state interest.", "The state has the burden of persuading the court that the application of this statute to Zeller is rationally related to a legitimate state interest.", "Zell...	A state statute requires the permanent removal from parental custody of any child who has suffered "child abuse." That term is defined to include "corporal punishment of any sort." Zeller very gently spanks his six-year-old son on the buttocks whenever he believes that spanking is necessary to enforce discipline on him...	447
1	[ "Compliance with the petition signature requirement is burdensome.", "The objectives of the statute could be satisfactorily achieved by less burdensome means.", "Because of the petition signature requirement, very few independent candidates have ever succeeded in getting on the ballot. ", "The motivation for ...	According to a statute of the state of Kiowa, a candidate for state office may have his name placed on the official election ballot only if he files with the appropriate state official a petition containing a specified number of voter signatures. Roderick failed to get his name placed on the state ballot as an independ...	448
2	[ "Nothing", "$250, the reasonable value of the set ", "$300, the amount Ohm promised to pay in his letter of July 1 ", "$400, the original sale price" ]	In March, when Ohm was 17, Stereo delivered to Ohm a television set. At that time Ohm agreed in writing to pay $400 for the set on July 1 when he would reach his 18th birthday. Eighteen is the applicable statutory age of majority, and on that date Ohm was to receive the proceeds of a trust. On July 1, when the reasona...	449
2	[ "inadmissible, because it is hearsay, not within any exception. ", "inadmissible, because it is a violation of Dray's right of confrontation. ", "admissible as prior identification by the witness.", "admissible as past recollection recorded" ]	Dray was prosecuted for bank robbery. At trial, the bank teller, Wall, was unable to identify Dray, now bearded, as the bank robber. The prosecutor then showed Wall a group of photographs, and Wall testified that she had previously told the prosecutor that the middle picture (concededly a picture of Dray before he grew...	450
1	[ "Arson.", "Manslaughter.", "Attempted rape.", "Burglary" ]	Which of the following is LEAST likely to be the underlying felony in a prosecution for felony murder?	451
1	[ "recover unless Morris was negligently driving when the truck overturned.", "recover, because Dixon's knowledge of the dangerous propensity of the trailer does not relieve Trailco of liability. ", "not recover, because there was no privity of contract between Morris and Trailco. ", "not recover if Dixon was n...	Morris was driving north on an interstate highway at about 50 miles per hour when a tractor-trailer rig, owned and driven by Dixon, passed her. The tractor was pulling a refrigerated meat trailer fully loaded with beef carcasses hanging freely from the trailer ceiling. When Dixon cut back in front of Morris, the shifti...	452
0	[ "prevail if the use of a restraining device would have prevented the trailer from overturning.", "prevail, because Dixon is strictly liable to Morris for injuries resulting from defects in the trailer. ", "not prevail unless Dixon was driving in a negligent manner at the time Morris was injured.", "not prevai...	Morris was driving north on an interstate highway at about 50 miles per hour when a tractor-trailer rig, owned and driven by Dixon, passed her. The tractor was pulling a refrigerated meat trailer fully loaded with beef carcasses hanging freely from the trailer ceiling. When Dixon cut back in front of Morris, the shifti...	453
0	[ "the covenant does not touch and concern the land.", "the mixture of types of residential units is viewed as preventing one common development scheme.", "the covenant is a restraint on alienation.", "there is no privity of estate between Page and Gaint" ]	Fernwood Realty Company developed a residential development, known as the Fernwood Development, which included single-family dwellings, townhouses, and high-rise apartments for a total of 25,000 dwelling units. Included in the deed to each unit was a covenant under which the grantee and the grantee's "heirs and assigns...	454
0	[ "constitutional, because it creates a limited administrative power to implement the statute. ", "constitutional, because inherent executive powers permit such action even without statutory authorization. ", "unconstitutional as an undue delegation of legislative power to the executive.", "unconstitutional, be...	Congress passes an Energy Conservation Act. The act requires all users of energy in this country to reduce their consumption by a specified percentage, to be set by a presidential executive order. The act sets forth specific standards the President must use in setting the percentage and detailed procedures to be follow...	455
2	[ "Luis, because his quitclaim deed did not transfer his after-acquired title. ", "Luis, because JosÃ© took nothing under Ortega's will. ", "JosÃ©, because Luis had effectively conveyed his interest to JosÃ©. ", "JosÃ©, because the doctrine of after-acquired title applies to a devise by will" ]	Ortega owned Blackacre in fee simple and by his will specifically devised Blackacre as follows: "To my daughter, Eugenia, her heirs and assigns, but if Eugenia dies survived by a husband and a child or children, then to Eugenia's husband during his lifetime with remainder to Eugenia's children, their heirs and assigns....	456
2	[ "granted, because Barber was effectively in custody and entitled to receive Miranda warnings at the beginning of the discussion. ", "granted, because Barber's rights to counsel and to due process were violated by the interrogation at police headquarters. ", "denied, because his statement was freely and voluntar...	Alford was a suspect in a homicide committed during a robbery of a liquor store. Barber was a friend of Alford. Police telephoned Barber and asked if he would help locate Alford. Barber agreed and met the police officers at headquarters later that night. After a discussion during which police asked questions about Alfo...	458
0	[ "this law is a necessary and proper means of protecting United States property.", "the animals are moving in the stream of interstate commerce.", "the police powers of the federal government encompass protection of wild animals.", "shooting wild animals is a privilege, not a right" ]	The federal government has complete jurisdiction over certain parkland located within the state of Plains. To conserve the wildlife that inhabits that land, the federal government enacts a statute forbidding all hunting of animals in the federal park. That statute also forbids the hunting of animals that have left the ...	459
3	[ "Yes, if Kane's remarks were heard by any of Poe's neighbors. ", "Yes, because Kane's conduct was extreme and outrageous. ", "No, unless Kane knew that Poe owed no money to Store. ", "No, unless Poe suffered some special damage" ]	Poe ordered some merchandise from Store. When the merchandise was delivered, Poe decided that it was not what he had ordered, and he returned it for credit. Store refused to credit Poe's account, continued to bill him, and, after 90 days, turned the account over to Kane, a bill collector, for collection. Kane called at...	460
0	[ "Yes, because Kane's conduct was extreme and outrageous. ", "Yes, because Kane was intruding on Poe's property. ", "No, unless Poe suffered physical harm. ", "No, if Poe still owed Store for the merchandise." ]	Poe ordered some merchandise from Store. When the merchandise was delivered, Poe decided that it was not what he had ordered, and he returned it for credit. Store refused to credit Poe's account, continued to bill him, and, after 90 days, turned the account over to Kane, a bill collector, for collection. Kane called at...	461
1	[ "Yes, because Poe had not first asked Kane to leave the property. ", "Yes, if Poe knew that the door was substantially certain to strike the bullhorn. ", "No, if Kane's conduct triggered Poe's response. ", "No, because Kane was an intruder on Poe's propert" ]	Poe ordered some merchandise from Store. When the merchandise was delivered, Poe decided that it was not what he had ordered, and he returned it for credit. Store refused to credit Poe's account, continued to bill him, and, after 90 days, turned the account over to Kane, a bill collector, for collection. Kane called at...	462
3	[ "both parties were merchants.", "Eureka had at least 24 LBVCs in stock when Gourmet's check and memo were received.", "Gourmet's check and memo were mailed within three months after his receipt of Eureka's letter.", "Gourmet's check and memo were mailed within a reasonable time after his receipt of Eureka's l...	Eureka, Inc., inventor of the LBVC, a laser-beam vegetable chopper, ran a television ad that described the chopper and said, "The LBVC is yours for only $49.99 if you send your check or money order to Box 007, Greenville. Not available in stores." Gourmet, who owned a retail specialty shop, wrote Eureka, "What's your b...	463
2	[ "Eureka, as inventor of the LBVC, was not a merchant. ", "the invoice restriction was a material alteration of preexisting terms.", "Eureka's written reply that quoted $39.99 per LBVC but did not contain a restriction on retail sales, was not an offer that Gourmet accepted by ordering 24 LBVCs. ", "Gourmet wa...	Eureka, Inc., inventor of the LBVC, a laser-beam vegetable chopper, ran a television ad that described the chopper and said, "The LBVC is yours for only $49.99 if you send your check or money order to Box 007, Greenville. Not available in stores." Gourmet, who owned a retail specialty shop, wrote Eureka, "What's your b...	464
3	[ "granted, because a search warrant should have been secured for seizure of the records. ", "granted, because the records covered such an extensive period of time that their seizure unreasonably invaded Downs's right of privacy. ", "denied, because the potential destructibility of the records, coupled with the p...	Downs was indicted in state court for bribing a public official. During the course of the investigation, police had demanded and received from Downs's bank the records of Downs's checking account for the preceding two years. The records contained incriminating evidence. On the basis of a claim of violation of his const...	465

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