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[ "not prevail, if Owner reasonably believed that Traveler was Robber. ", "not prevail, because Traveler suffered no physical or mental harm. ", "prevail, if Traveler reasonably believed she could not leave Owner's premises. ", "prevail, because Owner lied to Traveler about the condition of her car. " ]
The police in City notified local gas station attendants that a woman, known as Robber, recently had committed armed robberies at five City gas stations. The police said that Robber was approximately 75 years old, had white hair, and drove a vintage, cream-colored Ford Thunderbird. Attendants were advised to call polic...
587
1
[ "A local ordinance forbids the sale of alcoholic beverages to persons under 18 years of age. Relying on false identification, Defendant sells champagne to a 16-year-old high school student. Defendant is charged with illegal sale of alcoholic beverages. ", "Mistaking Defendant for a narcotics suspect, an undercove...
In which of the following situations would Defendant's mistake most likely constitute a defense to the crime charged?
588
2
[ "deny partition and find that title has vested in Alex by adverse possession.", "deny partition, confirm the tenancy in common, but require an accounting to determine if either Betty or Alex is indebted to the other on account of the rental payment, taxes, insurance premiums, and maintenance costs. ", "grant pa...
Alex and Betty, who were cousins, acquired title in fee simple to Blackacre, as equal tenants in common, by inheritance from Angela, their aunt. During the last 15 years of her lifetime, Angela allowed Alex to occupy an apartment in the house on Blackacre, to rent the other apartment in the house to various tenants, an...
591
1
[ "admissible as evidence of Defendant's racial motivation and to impeach Witness's testimony.", "admissible only to impeach Witness's testimony.", "inadmissible, because it is hearsay not within any exception. ", "inadmissible, because a secret recording is an invasion of Witness's right of privacy under the U...
Plaintiff sued Defendant for illegal discrimination, claiming that Defendant fired him because of his race. At trial, Plaintiff called Witness, expecting him to testify that Defendant had admitted the racial motivation. Instead, Witness testified that Defendant said that he had fired Plaintiff because of his frequent a...
592
0
[ "Yes, because Stationer had not revoked its offer before April 15. ", "Yes, because a one-year option contract had been created by Stationer's offer. ", "No, because under applicable law the irrevocability of Stationer's offer was limited to a period of three months. ", "No, because Lawyer did not accept Stat...
On December 15, Lawyer received from Stationer, Inc., a retailer of office supplies, an offer consisting of its catalog and a signed letter stating, "We will supply you with as many of the items in the enclosed catalog as you order during the next calendar year. We assure you that this offer and the prices in the catal...
593
1
[ "No, because Stationer's original offer, including the price term, became irrevocable under the doctrine of promissory estoppel. ", "No, because Stationer is a merchant with respect to office supplies; and its original offer, including the price term, was irrevocable throughout the month of February. ", "Yes, b...
On December 15, Lawyer received from Stationer, Inc., a retailer of office supplies, an offer consisting of its catalog and a signed letter stating, "We will supply you with as many of the items in the enclosed catalog as you order during the next calendar year. We assure you that this offer and the prices in the catal...
594
2
[ "sustained, because the statute grants unbridled discretion to law enforcement officers to make warrantless searches. ", "sustained, because the stated regulatory purpose of the statute is a pretext to circumvent the warrant requirement in conducting criminal investigations. ", "denied, because the statute deal...
State X enacted a statute "to regulate administratively the conduct of motor vehicle junkyard businesses in order to deter motor vehicle theft and trafficking in stolen motor vehicles or parts thereof." The statute requires a junkyard owner or operator "to permit representatives of the Department of Motor Vehicles or o...
595
0
[ "unconstitutional, because Congress has no authority to require a state legislature to enact any specified legislation. ", "unconstitutional, because the possession, use, or distribution, in close proximity to a school, of a controlled substance that has previously been transported in interstate commerce does not...
Current national statistics show a dramatic increase in the number of elementary and secondary school students bringing controlled substances (drugs) to school for personal use or distribution to others. In response, Congress enacted a statute requiring each state legislature to enact a state law that makes it a state ...
596
1
[ "ABC, because it has a right and obligation to control activities on realty it owns and has invited the public to visit. ", "ABC, because Janet's ticket to hockey games created only a license. ", "Janet, because, having paid value for the ticket, her right to be present cannot be revoked. ", "Janet, because s...
Janet had a season ticket for the Scorpions' hockey games at Central Arena (Section B, Row 12, Seat 16). During the intermission between the first and second periods of a game between the Scorpions and the visiting Hornets, Janet solicited signatures for a petition urging that the coach of the Scorpions be fired. Centr...
597
2
[ "Yes, if Engineer signed, sealed, and submitted a blueprint that showed the design defect. ", "Yes, because all of the plant's designers are jointly and severally liable for the defect. ", "No, because Engineer owed no duty to Plaintiff to prevent the particular risk of harm. ", "No, if Engineer was an indepe...
Company designed and built a processing plant for the manufacture of an explosive chemical. Engineer was retained by Company to design a filter system for the processing plant. She prepared an application for a permit to build the plant's filter system and submitted it to the state's Department of Environmental Protect...
598
0
[ "Pam, because she did not assume and agree to pay Bart's mortgage debt. ", "Pam, because she is not in privity of estate with Mort. ", "Mort, because Bart's deed to Pam violated the due-on-sale clause. ", "Mort, because Pam is in privity of estate with Mort. " ]
Several years ago, Bart purchased Goldacre, financing a large part of the purchase price by a loan from Mort that was secured by a mortgage. Bart made the installment payments on the mortgage regularly until last year. Then Bart persuaded Pam to buy Goldacre, subject to the mortgage to Mort. They expressly agreed that ...
599
2
[ "Yes, because the suit involves a dispute over the constitutionality of a federal statute. ", "Yes, because the plaintiffs seek real relief of a conclusive nature €”an injunction against enforcement of this statute. ", "No, because the plaintiffs do not have an interest in the invalidation of this statute that ...
Congress recently enacted a statute imposing severe criminal penalties on anyone engaged in trading in the stock market who, in the course of that trading, takes "unfair advantage" of other investors who are also trading in the stock market. The statute does not define the term "unfair advantage." There have been no pr...
600
2
[ "committed both forgery and false pretenses.", "committed forgery, because she created a false document with the intent to defraud, but has not committed false pretenses, since she made no representation as to the authenticity of the document. ", "not committed forgery, because the document had no apparent lega...
Rachel, an antique dealer and a skilled calligrapher, crafted a letter on very old paper. She included details that would lead knowledgeable readers to believe the letter had been written by Thomas Jefferson to a friend. Rachel, who had a facsimile of Jefferson's autograph, made the signature and other writing on the l...
601
2
[ "Yes, because Mom was a public invitee of Hospital's. ", "Yes, unless the fixture was an obvious, commonly used, and essential part of Hospital's equipment. ", "No, unless Hospital's personnel failed to take reasonable steps to anticipate and prevent Mom's injury. ", "No, because Hospital's personnel owed Mom...
Mom rushed her eight-year-old daughter, Child, to the emergency room at Hospital after Child fell off her bicycle and hit her head on a sharp rock. The wound caused by the fall was extensive and bloody. Mom was permitted to remain in the treatment room, and held Child's hand while the emergency room physician cleaned a...
602
0
[ "Yes, because Buyer's promise to buy, bargained for and made in exchange for Shareholder's promise to sell, was good consideration even though it was expressly conditioned on an event that was not certain to occur. ", "Yes, because any possible lack of consideration for Shareholder's promise to sell was expressly...
Buyer, Inc., contracted in writing with Shareholder, who owned all of XYZ Corporation's outstanding stock, to purchase all of her stock at a specified price per share. At the time this contract was executed, Buyer's contracting officer said to Shareholder, "Of course, our commitment to buy is conditioned on our obtaini...
603
0
[ "Yes, because the condition of Conglomerate's approval of the contract, being designed to protect only Buyer and Conglomerate, can be and has been waived by those entities. ", "Yes, because Buyer detrimentally relied on Shareholder's commitment by selling off other assets to finance the stock purchase. ", "No, ...
Buyer, Inc., contracted in writing with Shareholder, who owned all of XYZ Corporation's outstanding stock, to purchase all of her stock at a specified price per share. At the time this contract was executed, Buyer's contracting officer said to Shareholder, "Of course, our commitment to buy is conditioned on our obtaini...
604
1
[ "admit the evidence as proof of a collateral agreement.", "admit the evidence as proof of a condition to the existence of an enforceable obligation, and therefore not within the scope of the parol evidence rule. ", "exclude the evidence on the basis of a finding that the parties' written agreement was a complet...
Buyer, Inc., contracted in writing with Shareholder, who owned all of XYZ Corporation's outstanding stock, to purchase all of her stock at a specified price per share. At the time this contract was executed, Buyer's contracting officer said to Shareholder, "Of course, our commitment to buy is conditioned on our obtaini...
605
0
[ "proper, because it is recorded recollection. ", "proper, because it is a public record or report. ", "improper, because it is hearsay not within any exception. ", "improper, because Mrs. Wong lacked firsthand knowledge of the license number." ]
At Dove's trial for theft, Mr. Wong, called by the prosecutor, testified to the following: 1) that from his apartment window, he saw thieves across the street break the window of a jewelry store, take jewelry, and leave in a car; 2) that Mrs. Wong telephoned the police and relayed to them the license number of the thie...
606
0
[ "Yes, if the damming unreasonably interferes with the use and enjoyment of Vacationer's property. ", "Yes, if Neighbor intended to affect Vacationer's property. ", "No, because Vacationer made no use of the stream. ", "No, if the dam was built in conformity with all applicable laws. " ]
For ten years, Vacationer and Neighbor have owned summer vacation homes on adjoining lots. A stream flows through both lots. As a result of a childhood swimming accident, Vacationer is afraid of water and has never gone close to the stream. Neighbor built a dam on her property that has completely stopped the flow of th...
607
3
[ "Polly, because George's judgment was obtained before Barbara recorded the deed from Corp. ", "Polly, because even though Corp's deed to Barbara prevented George's judgment from being a lien on Blackacre, George's filed judgment poses a threat of litigation. ", "Barbara, because Barbara recorded her deed before...
Corp, a corporation, owned Blackacre in fee simple, as the real estate records showed. Corp entered into a valid written contract to convey Blackacre to Barbara, an individual. At closing, Barbara paid the price in full and received an instrument in the proper form of a deed, signed by duly authorized corporate officer...
608
3
[ "Yes, because regulations of commercial speech are subject only to the requirement that they be rationally related to a legitimate state goal, and that requirement is satisfied here. ", "Yes, because City has a compelling interest in protecting the aesthetics of its sidewalks and streets, and such a ban is necess...
City enacted an ordinance banning from its public sidewalks all machines dispensing publications consisting wholly of commercial advertisements. The ordinance was enacted because of a concern about the adverse aesthetic effects of litter from publications distributed on the public sidewalks and streets. However, City c...
609
3
[ "admissible, to show Duarte's state of mind. ", "admissible, because Duarte's statement is that of a party-opponent. ", "inadmissible, because it is improper evidence of a prior bad act. ", "inadmissible, because it is hearsay not within any exception. " ]
Mrs. Pence sued Duarte for shooting her husband from ambush. Mrs. Pence offers to testify that, the day before her husband was killed, he described to her a chance meeting with Duarte on the street in which Duarte said, "I'm going to blow your head off one of these days." The witness's testimony concerning her husband'...
611
2
[ "The fact that the statute treats in an identical manner the arrest and prosecution records of all persons who have been acquitted of a crime by a court or against whom criminal charges were filed and subsequently dropped or dismissed.", "The argument that the rights of the press are no greater than those of citi...
The state of Brunswick enacted a statute providing for the closure of the official state records of arrest and prosecution of all persons acquitted of a crime by a court or against whom criminal charges were filed and subsequently dropped or dismissed. The purpose of this statute is to protect these persons from furthe...
612
2
[ "affirm the conviction, because Nora was not a member of the class discriminated against. ", "affirm the conviction, because peremptory challenge of the nonwhites did not deny Nora the right to an impartial jury. ", "reverse the conviction, because racially based peremptory challenges violate equal protection o...
Nora, executive director of an equal housing opportunity organization, was the leader of a sit-in at the offices of a real estate management company. The protest was designed to call attention to the company's racially discriminatory rental practices. When police demanded that Nora desist from trespassing on the compan...
613
0
[ "An action in quasi contract for the reasonable value of a benefit unofficiously and non-gratuitously conferred on Landlord.", "An action based on promissory estoppel.", "An action based on an implied-in-fact contract.", "An action as third-party intended beneficiary of the Tenant-Landlord lease." ]
Tenant rented a commercial building from Landlord, and operated a business in it. The building's large front window was smashed by vandals six months before expiration of the Tenant-Landlord lease. Tenant, who was obligated thereunder to effect and pay for repairs in such cases, promptly contracted with Glazier to repl...
615
1
[ "No, because Glazier failed to notice Tenant's notation on the check. ", "No, because the amount owed by Tenant to Glazier was liquidated and undisputed. ", "Yes, because by cashing the check Glazier impliedly agreed to accept the $1,000 as full payment of its claim. ", "Yes, because Glazier failed to write a...
Tenant rented a commercial building from Landlord, and operated a business in it. The building's large front window was smashed by vandals six months before expiration of the Tenant-Landlord lease. Tenant, who was obligated thereunder to effect and pay for repairs in such cases, promptly contracted with Glazier to repl...
616
1
[ "admissible, because the statement falls within the present sense impression exception to the hearsay rule. ", "admissible, because a statement of plans falls within the hearsay exception for then-existing state of mind. ", "inadmissible, because it is offered to establish an alibi by Defendant's own statement....
Defendant is on trial for robbing a bank in State A. She testified that she was in State B at the time of the robbery. Defendant calls her friend, Witness, to testify that two days before the robbery Defendant told him that she was going to spend the next three days in State B. Witness's testimony is
617
3
[ "refuse to decide its merits, because the suit involves policy questions that are inherently political and, therefore, nonjusticiable. ", "hold the statute unconstitutional, because it does not provide sufficient guidelines for awarding the prize money appropriated by Congress and, therefore, unconstitutionally d...
A federal statute appropriated $7 million for a nationwide essay contest on "How the United States Can Best Stop Drug Abuse." The statute indicates that its purpose is to generate new, practical ideas for eliminating drug abuse in the United States. Contest rules set forth in the statute provide that winning essays are...
619
1
[ "All plaintiffs should be awarded their requested judgment for injunction because there was a common development scheme, but award of damages should be denied to all. ", "Peter should be awarded appropriate remedy, but recovery by the other plaintiffs is doubtful. ", "Injunction should be denied, but damages sh...
Sal owned five adjoining rectangular lots, numbered 1 through 5 inclusive, all fronting on Main Street. All of the lots are in a zone limited to one- and two-family residences under the zoning ordinance. Two years ago, Sal conveyed Lots 1, 3, and 5. None of the three deeds contained any restrictions. Each of the new ow...
621
1
[ "Judgment for Scarletville taxicab owners, because the fact that private passenger automobiles contribute more to the traffic congestion problem in Kelly County than do taxicabs indicates that the ordinance is not a reasonable means by which to solve that problem. ", "Judgment for Scarletville taxicab owners, bec...
Kelly County, in the state of Green, is located adjacent to the border of the state of Red. The communities located in Kelly County are principally suburbs of Scarletville, a large city located in Red, and therefore there is a large volume of traffic between that city and Kelly County. While most of that traffic is by ...
622
1
[ "admissible, provided the court first finds by a preponderance of the evidence that Joan had actual or apparent authority to act for Donna. ", "admissible, upon or subject to introduction of evidence sufficient to support a finding by the jury that Joan had actual or apparent authority to act for Donna. ", "ina...
Paul sued Donna for breach of contract. Paul's position was that Joan, whom he understood to be Donna's agent, said: "On behalf of Donna, I accept your offer." Donna asserted that Joan had no actual or apparent authority to accept the offer on Donna's behalf. Paul's testimony concerning Joan's statement is
623
3
[ "John, because the due process clause of the Fourteenth Amendment requires all persons whose property may be adversely affected by governmental action to be given an opportunity for a hearing before such action occurs. ", "John, because the determination of whether to hold a hearing may not constitutionally be le...
A city ordinance requires a taxicab operator's license to operate a taxicab in King City. The ordinance states that the sole criteria for the issuance of such a license are driving ability and knowledge of the geography of King City. An applicant is tested by the city for these qualifications with a detailed questionna...
624
0
[ "convicted of both offenses.", "convicted of involuntary manslaughter and acquitted of arson.", "convicted of arson and involuntary manslaughter.", "acquitted of both offenses." ]
Homer lived on the second floor of a small convenience store/gas station that he owned. One night he refused to sell Augie a sixpack of beer after hours, saying he could not violate the state laws. Augie became enraged and deliberately drove his car into one of the gasoline pumps, severing it from its base. There was a...
625
2
[ "Abel, because the agreements were oral and violated the statute of frauds. ", "Abel, subject to the return of the $25,000, because the arrangement was still a tenancy. ", "Betty, because the doctrine of part performance applies. ", "Betty, because the statute of frauds does not apply to oral purchase and sal...
Abel owned Blackacre in fee simple. Three years ago, Abel and Betty agreed to a monthto-month tenancy with Betty paying Abel rent each month. After six months of Betty's occupancy, Abel suggested to Betty that she could buy Blackacre for a monthly payment of no more than her rent. Abel and Betty orally agreed that Bett...
628
2
[ "The First Amendment.", "The Thirteenth Amendment.", "The Fourteenth Amendment.", "The Fifteenth Amendment." ]
A statute of State X permits a person's name to appear on the general election ballot as a candidate for statewide public office if the person pays a $100 filing fee and provides proof from the State Elections Board that he or she was nominated in the immediately preceding primary election by one of the state's two maj...
629
1
[ "lose, because Marge's title had been warranted by an express provision of the mortgage. ", "lose, because there was no redemption from the mortgage. ", "win, because Brenda is entitled to marshalling. ", "win, because the cotenancy of the mortgagors was in common and not joint." ]
Alex and Brenda owned in fee simple Greenacre as tenants in common, each owning an undivided one-half interest. Alex and Brenda joined in mortgaging Greenacre to Marge by a properly recorded mortgage that contained a general warranty clause. Alex became disenchanted with land-owning and notified Brenda that he would no...
631
2
[ "granted, because the search and seizure were the result of illegal police conduct in executing the search warrant. ", "granted, because the police did not inform Jason that he was under arrest and did not read him his Miranda rights. ", "denied, because the search and seizure were incident to a lawful arrest. ...
The police had, over time, accumulated reliable information that Jason operated a large cocainedistribution network, that he and his accomplices often resorted to violence, and that they kept a small arsenal of weapons in his home. One day, the police received reliable information that a large brown suitcase with leath...
632
2
[ "granted, because the entry by forcing open the door was not reasonable. ", "granted, because the police failed to read Jason his Miranda rights. ", "denied, because the statement was volunteered. ", "denied, because the statement was the product of a lawful public safety search. " ]
The police had, over time, accumulated reliable information that Jason operated a large cocainedistribution network, that he and his accomplices often resorted to violence, and that they kept a small arsenal of weapons in his home. One day, the police received reliable information that a large brown suitcase with leath...
633
2
[ "admissible as a nonhearsay statement of a party.", "admissible, although hearsay, as a statement against interest. ", "inadmissible, because it is an offer to pay medical expenses. ", "inadmissible, because it is an offer to compromise. " ]
Plaintiff is suing Doctor for medical malpractice occasioned by allegedly prescribing an incorrect medication, causing Plaintiff to undergo substantial hospitalization. When Doctor learned of the medication problem, she immediately offered to pay Plaintiff's hospital expenses. At trial, Plaintiff offers evidence of Doc...
635
1
[ "acquitted, because Sam was not convicted of the offense. ", "acquitted, because they did not assist or encourage Sam to commit the crime. ", "convicted, because they urged him to flee. ", "convicted, because they made no effort to intervene. " ]
Sam and two of his friends were members of a teenage street gang. While they were returning from a dance late one evening, their car collided with a car driven by an elderly woman. After an argument, Sam attacked the elderly woman with his fists and beat her to death. Sam's two friends watched, and when they saw the wo...
636
2
[ "Yes, because the agreement contained no prohibition against assignment or delegation. ", "Yes, because Gourmet received adequate assurances of Newman's ability to complete the job. ", "No, because Deligor's duties were of a personal nature, involving his reputation, taste, and skill. ", "No, because Deligor'...
Gourmet, a famous chef, entered into a written agreement with his friend Deligor, a well-known interior decorator respected for his unique designs, in which Deligor agreed, for a fixed fee, to design the interior of Gourmet's new restaurant, and, upon Gourmet's approval of the design plan, to decorate and furnish the r...
638
0
[ "admissible to provide an alternate explanation of the accident's cause.", "admissible as proper evidence of the wife's character.", "inadmissible, because it is improper to prove character evidence by specific conduct. ", "inadmissible, because it is substantially more prejudicial than probative." ]
Plaintiff sued Defendant Auto Manufacturing for his wife's death, claiming that a defective steering mechanism on the family car caused it to veer off the road and hit a tree when his wife was driving. Defendant claims that the steering mechanism was damaged in the collision and offers testimony that the deceased wife ...
640
1
[ "admissible, though hearsay, under the business record exception. ", "admissible, because of the routine practices of the company. ", "inadmissible, because it is hearsay not within any exception. ", "inadmissible, because it is not the best evidence of the notice." ]
Plaintiff Construction Co. sued Defendant Development Co. for money owed on a costplus contract that required notice of proposed expenditures beyond original estimates. Defendant asserted that it never received the required notice. At trial Plaintiff calls its general manager, Witness, to testify that it is Plaintiff's...
642
1
[ "Yes, because the airport is located in Redville and, therefore, its city council has exclusive regulatory authority over all transportation to and from the airport. ", "Yes, because Congress has authorized this form of regulation by Redville and, therefore, removed any constitutional impediments to it that may h...
A federal statute provides that the cities in which certain specified airports are located may regulate the rates and services of all limousines that serve those airports, without regard to the origin or destination of the passengers who use the limousines. The cities of Redville and Greenville are located adjacent to ...
644
2
[ "Bad faith.", "Equitable estoppel.", "Unconscionability.", "Duress." ]
Landholder was land-rich by inheritance but money-poor, having suffered severe losses on bad investments, but still owned several thousand acres of unencumbered timberland. He had a large family, and his normal, fixed personal expenses were high. Pressed for cash, he advertised a proposed sale of standing timber on a c...
647
0
[ "lose, as only an incidental beneficiary, if any, of the Logger-Landholder contract. ", "lose, as a maintainer of nuisance litigation. ", "prevail, as a third-party intended beneficiary of the Logger-Landholder contract. ", "prevail, as a surrogate for Landholder in view of his inability to enforce the contra...
Landholder was land-rich by inheritance but money-poor, having suffered severe losses on bad investments, but still owned several thousand acres of unencumbered timberland. He had a large family, and his normal, fixed personal expenses were high. Pressed for cash, he advertised a proposed sale of standing timber on a c...
648
1
[ "unconstitutional, because all members of federal boards having broad powers that are quasi-legislative in nature, such as rulemaking, must be appointed by Congress. ", "unconstitutional, because all members of federal boards exercising executive powers must be appointed by the President or in a manner otherwise ...
A federal statute with inseverable provisions established a new five-member National Prosperity Board with broad regulatory powers over the operation of the securities, banking, and commodities industries, including the power to issue rules with the force of law. The statute provides for three of the board members to b...
649
2
[ "affirmed, because Power Company negligently caused Owner's emotional distress. ", "affirmed, because harm arising from emotional distress is as real as harm caused by physical impact. ", "reversed, because the law does not recognize a claim for emotional distress incident to negligently caused property loss. "...
In a trial to a jury, Owner proved that Power Company's negligent maintenance of a transformer caused a fire that destroyed his restaurant. The jury returned a verdict for Owner in the amount of $450,000 for property loss and $500,000 for emotional distress. The trial judge entered judgment in those amounts. Power Comp...
651
0
[ "Bill, if, but only if, the subsidence would have occurred without the weight of the building on Lot 1. ", "Bill, because a right for support, appurtenant to Lot 1, had been acquired by adverse possession or prescription. ", "Gail, because Lots 1 and 2 are urban land, as distinguished from rural land and, there...
Bill owned in fee simple Lot 1 in a properly approved subdivision, designed and zoned for industrial use. Gail owned the adjoining Lot 2 in the same subdivision. The plat of the subdivision was recorded as authorized by statute. Twelve years ago, Bill erected an industrial building wholly situated on Lot 1 but with one...
652
1
[ "admitted, provided the prosecutor first provides evidence that persuades the judge that the son is competent to testify despite his tender age. ", "admitted, provided there is sufficient basis for believing that the son has personal knowledge and understands his obligation to testify truthfully. ", "excluded, ...
Defendant is charged with murder in connection with a carjacking incident during which Defendant allegedly shot Victim while attempting to steal Victim's car. The prosecutor calls Victim's four-year-old son, whose face was horribly disfigured by the same bullet, to testify that Defendant shot his father and him. The so...
653
0
[ "the case is not within the original jurisdiction of the Supreme Court as defined by Article III, and it is not a proper subject of that court's appellate jurisdiction because it has not yet been decided by any lower court. ", "the case is appellate in nature, but it is beyond the appellate jurisdiction of the Su...
A federal statute provides that the United States Supreme Court has authority to review any case filed in a United States Court of Appeals, even though that case has not yet been decided by the court of appeals. The Environmental Protection Agency (EPA), an agency in the executive branch of the federal government, issu...
654
2
[ "no one else who ate at Restaurant on Sunday complained about stomach discomfort.", "Restaurant instructs its employees to wash their hands carefully and is not responsible if any employee fails to follow these instructions.", "Patron has failed to establish that Restaurant's food caused his illness.", "Patro...
Patron ate a spicy dinner at Restaurant on Sunday night. He enjoyed the food and noticed nothing unusual about the dinner. Later that evening, Patron had an upset stomach. He slept well through the night, went to work the next day, and ate three meals. His stomach discomfort persisted, and by Tuesday morning he was too...
655
3
[ "Sally can be convicted of murder, because she did the act of killing, but Ralph cannot be convicted of either murder or manslaughter. ", "Neither can be guilty of murder, but both can be convicted of manslaughter based upon an unintentional homicide. ", "Sally can be convicted only of manslaughter, but Ralph c...
In a jurisdiction that has abolished the felony-murder rule, but otherwise follows the common law of murder, Sally and Ralph, both armed with automatic weapons, went into a bank to rob it. Ralph ordered all the persons in the bank to lie on the floor. When some were slow to obey, Sally, not intending to hit anyone, fir...
656
2
[ "No, because one of the purposes of the statute is to prevent out-of-state entities from acquiring corporations incorporated and headquartered in State A. ", "No, because the effect of the statute will necessarily be to hinder the acquisition of State A corporations by other corporations, many of whose shareholde...
In recent years, several large corporations incorporated and headquartered in State A have suddenly been acquired by out-of-state corporations that have moved all of their operations out of State A. Other corporations incorporated and headquartered in State A have successfully resisted such attempts at acquisition by o...
657
2
[ "recover, because the story is not newsworthy. ", "recover, because Son is under the age of consent. ", "not recover, if the story is a fair and accurate report of what transpired at the meeting. ", "not recover, if Parents knew that the reporter was present." ]
When Parents were told that their child, Son, should repeat second grade, they sought to have him evaluated by a psychologist. The psychologist, who charged $300, determined that Son had a learning disability. Based upon the report, the school board placed Son in special classes. At an open meeting of the school board,...
659
3
[ "Yes, because Expert was able to ascertain that Defendant was speaking truthfully. ", "Yes, because it reports a prior consistent statement by a witness (Defendant) subject to examination concerning it. ", "No, because reliance on information tainted by hypnosis is unconstitutional. ", "No, because it express...
On trial for murdering her husband, Defendant testified she acted in self-defense. Defendant calls Expert, a psychologist, to testify that under hypnosis Defendant had described the killing, and that in Expert's opinion Defendant had been in fear for her life at the time of the killing. Is Expert's testimony admissible...
660
3
[ "no crime, because the purse was never removed from the store. ", "no crime, because she withdrew from her criminal enterprise. ", "only attempted larceny, because she intended to take the purse out of the store. ", "larceny, because she took the purse from its original location and concealed it with the inte...
While browsing in a clothing store, Alice decided to take a purse without paying for it. She placed the purse under her coat and took a couple of steps toward the exit. She then realized that a sensor tag on the purse would set off an alarm. She placed the purse near the counter from which she had removed it. Alice has...
663
3
[ "No, unless there is evidence that Basher was aware of the gasoline leak. ", "No, if Mechanic would not have been harmed had Adam warned him about the gasoline leak. ", "Yes, unless Mechanic was negligent in not discovering the gasoline leak himself. ", "Yes, if Mechanic's injury was a proximate consequence o...
Adam's car sustained moderate damage in a collision with a car driven by Basher. The accident was caused solely by Basher's negligence. Adam's car was still drivable after the accident. Examining the car the next morning, Adam could see that a rear fender had to be replaced. He also noticed that gasoline had dripped on...
664
2
[ "No, because it was Mechanic's job to inspect the vehicle and repair whatever needed repair. ", "No, unless Adam was aware of the risk that the gasoline leak represented. ", "Yes, if a reasonable person in Adam's position would have warned Mechanic about the gasoline leak. ", "Yes, because the car was unreaso...
Adam's car sustained moderate damage in a collision with a car driven by Basher. The accident was caused solely by Basher's negligence. Adam's car was still drivable after the accident. Examining the car the next morning, Adam could see that a rear fender had to be replaced. He also noticed that gasoline had dripped on...
665
0
[ "burglary, robbery, and murder. ", "robbery and murder only.", "burglary and robbery only.", "robbery only." ]
At 11:00 p.m., John and Marsha were accosted in the entrance to their apartment building by Dirk, who was armed as well as masked. Dirk ordered the couple to take him into their apartment. After they entered the apartment, Dirk forced Marsha to bind and gag her husband John and then to open a safe which contained a dia...
666
1
[ "admissible, because Defendant's expert had been able to examine the shoe carefully. ", "admissible, because Plaintiff had personal knowledge of the shoe's condition. ", "inadmissible, because the brake shoe was produced and examined as a part of settlement negotiations. ", "inadmissible, unless Plaintiff est...
Plaintiff sued Defendant for injuries suffered in a car accident allegedly caused by brakes that had been negligently repaired by Defendant. At a settlement conference, Plaintiff exhibited the brake shoe that caused the accident and pointed out the alleged defect to an expert, whom Defendant had brought to the conferen...
667
3
[ "Apartments is entitled to accept any number of the 24 sets, reject the rest, and cancel the contract both as to any rejected sets and the lot due on April 1. ", "Apartments is entitled to accept any number of the 24 sets and to reject the rest, but is not entitled to cancel the contract as to any rejected sets o...
Fixtures, Inc., in a signed writing, contracted with Apartments for the sale to Apartments of 50 identical sets of specified bathroom fixtures, 25 sets to be delivered on March 1, and the remaining 25 sets on April 1. The agreement did not specify the place of delivery, or the time or place of payment. Make the followi...
669
1
[ "admissible, provided an expert witness points out to the jury the similarities between the person in the photograph and Defendant. ", "admissible, allowing the jury to compare the person in the photograph and Defendant. ", "inadmissible, because there was no eyewitness to the scene available to authenticate th...
Defendant is on trial for nighttime breaking and entering of a warehouse. The warehouse owner had set up a camera to take infrared pictures of any intruders. After an expert establishes the reliability of infrared photography, the prosecutor offers the authenticated infrared picture of the intruder to show the similari...
670
3
[ "Dawn had nothing to convey to Bruce two years ago.", "Dawn's deed to Bruce was not to take effect until after Dawn's deed to Carl.", "Carl was first in possession.", "Dawn's deed to Bruce was not in Carl's chain of title." ]
Olivia owned Blackacre, her home. Her daughter, Dawn, lived with her and always referred to Blackacre as "my property." Two years ago, Dawn, for a valuable consideration, executed and delivered to Bruce an instrument in the proper form of a warranty deed purporting to convey Blackacre to Bruce in fee simple, reserving ...
671
3
[ "not guilty of larceny or attempted larceny, because Roy did not commit any crime. ", "not guilty of larceny but guilty of attempted larceny, because she never acquired possession of the television set. ", "guilty of larceny as an accessory to Roy.", "guilty of larceny by the use of an innocent agent." ]
Grace, while baby-sitting one night, noticed that Sam, who lived next door, had left his house but that the door did not close completely behind him. Grace said to Roy, the 11-year-old boy she was baby-sitting with, "Let's play a game. You go next door and see if you can find my portable television set, which I lent to...
672
3
[ "No reasonable person could conclude that Photographer intended to photograph Prisoner.", "Prisoner did not suffer any physical injury arising from the emotional distress.", "As a news photographer, Photographer was privileged to take photographs that others could not. ", "No reasonable person could conclude ...
The warden of State Prison prohibits the photographing of the face of any prisoner without the prisoner's consent. Photographer, a news photographer, wanted to photograph Mobster, a notorious organized crime figure incarcerated at State Prison. To circumvent the warden's prohibition, Photographer flew over the prison e...
673
1
[ "Yes, because the President has plenary authority to provide for the health, safety, and welfare of the people of the United States. ", "Yes, because this action is within the scope of executive authority vested in the President by the Constitution, and no federal statute prohibits it. ", "No, because the prote...
The vaccination of children against childhood contagious diseases (such as measles, diphtheria and whooping cough) has traditionally been a function of private doctors and local and state health departments. Because vaccination rates have declined in recent years, especially in urban areas, the President proposes to ap...
674
3
[ "inadmissible, because Victim cannot sufficiently identify the caller. ", "inadmissible, because the tape recording of the conversation is the best evidence. ", "admissible, because Defendant waived the \"best evidence\" rule by failing to subpoena the tape. ", "admissible, because Victim's lack of certainty ...
Defendant is on trial for extorting $10,000 from Victim. An issue is the identification of the person who made a telephone call to Victim. Victim is prepared to testify that the caller had a distinctive accent like Defendant's, but that he cannot positively identify the voice as Defendant's. Victim recorded the call bu...
675
1
[ "No, unless the crash landing was made necessary by negligence on Vintner's part. ", "No, unless Vintner could have prevented the injury to Trespasser after becoming aware of Trespasser's presence. ", "Yes, because even a trespasser may recover for injuries caused by an abnormally dangerous activity. ", "Yes,...
Vintner is the owner of a large vineyard and offers balloon rides to visitors who wish to tour the grounds from the air. During one of the rides, Vintner was forced to make a crash landing on his own property. Without Vintner's knowledge or consent, Trespasser had entered the vineyard to camp for a couple of days. Tres...
677
3
[ "convicted, because the use of deadly force was unreasonable under the circumstances. ", "convicted, because he had a clear opportunity and duty to retreat. ", "acquitted, because he did not intend to kill Fred. ", "acquitted, because he was acting in self- defense and had no duty to retreat. " ]
Matt and his friend Fred were watching a football game at Matt's home when they began to argue. Fred became abusive, and Matt asked him to leave. Fred refused, walked into the kitchen, picked up a knife, and said he would cut Matt's heart out. Matt pulled a gun from under the sofa, walked to his front door, opened it, ...
678
3
[ "against Assembler, because the tax falls only on companies resident in Central City and, therefore, does not discriminate against or otherwise adversely affect interstate commerce. ", "against Assembler, because the commerce clause does not interfere with the right of a state to foster and support businesses loc...
Central City in the state of Green is a center for businesses that assemble personal computers. Components for these computers are manufactured elsewhere in Green and in other states, then shipped to Central City, where the computers are assembled. An ordinance of Central City imposes a special license tax on all of th...
679
3
[ "aggravated assault.", "burglary.", "assault.", "trespass." ]
Hannah, who was homeless, broke into the basement of a hotel and fell asleep. She was awakened by a security guard, who demanded that she leave. As Hannah was leaving, she cursed the security guard. Angered, the guard began to beat Hannah on her head with his flashlight. After the second blow, Hannah grabbed a fire ext...
680
2
[ "improper, because there cannot be both lay and expert opinion on the same issue. ", "improper, because the investigator is unable to establish the speed with a sufficient degree of scientific certainty. ", "proper, because a police accident investigator has sufficient expertise to express an opinion on speed. ...
Plaintiff sued Defendant for personal injuries suffered in a train-automobile collision. Plaintiff called an eyewitness, who testified that the train was going 20 miles per hour. Defendant then offers the testimony of an experienced police accident investigator that, based on his training and experience and on his exam...
682
0
[ "Addy, because the provision relied upon by Ven is unenforceable. ", "Addy, because the death of Pur terminated the contract as a matter of law. ", "Ven, because the court should enforce the express agreement of the contracting parties. ", "Ven, because the doctrine of equitable conversion prevents terminatio...
Ven owned Goldacre, a tract of land, in fee simple. Ven and Pur entered into a written agreement under which Pur agreed to buy Goldacre for $100,000, its fair market value. The agreement contained all the essential terms of a real estate contract to sell and buy, including a date for closing. The required $50,000 down ...
683
3
[ "No, because he accepted the license with knowledge of the condition and, therefore, has no standing to contest it. ", "No, because a taxicab operator's license is a privilege and not a right and, therefore, is not protected by the due process clause of the Fourteenth Amendment. ", "Yes, because such a proceedi...
An ordinance of Central City requires every operator of a taxicab in the city to have a license and permits revocation of that license only for "good cause." The Central City taxicab operator's licensing ordinance conditions the issuance of such a license on an agreement by the licensee that the licensee "not display i...
684
2
[ "prevail, if Surgeon was negligent in failing to have Pat examined by a cardiologist prior to the operation. ", "prevail, if the blood clot that caused Pat's death was caused by the operation which Surgeon performed. ", "not prevail, absent evidence that a cardiologist, had one examined Pat before the operation...
Pat had been under the care of a cardiologist for three years prior to submitting to an elective operation that was performed by Surgeon. Two days thereafter, Pat suffered a stroke, resulting in a coma, caused by a blood clot that lodged in her brain. When it appeared that she had entered a permanent vegetative state, ...
685
2
[ "admissible, in the judge's discretion, because Jaron's credibility is a fact of major consequence to the case. ", "admissible, as a matter of right, because Jaron \"opened the door\" by his denial on cross-examination. ", "inadmissible, because whether Jaron lied in his application is a matter that cannot be p...
At Devlin's trial for burglary, Jaron supported Devlin's alibi that they were fishing together at the time of the crime. On cross-examination, Jaron was asked whether his statement on a credit card application that he had worked for his present employer for the last five years was false. Jaron denied that the statement...
686
1
[ "the doctrine of equitable conversion applies.", "the jurisdiction's recording act does not protect creditors.", "Owen's possession gave Cred constructive notice of Bryer's interest.", "Bryer was a purchaser without notice." ]
Owen owned Blackacre in fee simple, as the land records showed, when he contracted to sell Blackacre to Bryer. Two weeks later, Bryer paid the agreed price and received a warranty deed. A week thereafter, when neither the contract nor the deed had been recorded and while Owen remained in possession of Blackacre, Cred p...
687
3
[ "I and III only.", "I and IV only.", "II and IV only.", "Neither I, II, III, nor IV. " ]
A written construction contract, under which Contractor agreed to build a new house for Owner at a fixed price of $200,000, contained the following provision: Prior to construction or during the course thereof, this contract may be modified by mutual agreement of the parties as to "extras" or other departures from the ...
688
3
[ "grant the motion, because, as a guest, Scott has sufficient standing to contest the entry of the house without a warrant. ", "grant the motion, because, as a guest, Scott has sufficient standing to contest the lack of probable cause at the time of the entry. ", "deny the motion, because Scott had no ownership ...
Scott held up a drugstore at 10:30 at night, and drove away. His car broke down in an isolated area just outside the small city in which the crime occurred. Scott walked to the nearest house and asked Henry, the homeowner, if he could stay until the next morning, explaining that he had been searching for his sister's h...
689
2
[ "affirm the state supreme court's decision, because Agitator's ballpark shout is commonplace hyperbole that cannot, consistently with the First and Fourteenth Amendments, be punished. ", "remand the case to the state supreme court with directions that it resolve the First and Fourteenth Amendment freespeech issue...
Agitator, a baseball fan, has a fierce temper and an extremely loud voice. Attending a baseball game in which a number of calls went against the home team, Agitator repeatedly stood up, brandished his fist, and angrily shouted, "Kill the umpires." The fourth time he engaged in this conduct, many other spectators follow...
691
1
[ "Yes, because the roof was defective when Seller sold the house. ", "Yes, if Seller should have been aware of the condition of the roof and should have realized that it was dangerous to persons outside the premises. ", "No, because Seller was neither the owner nor the occupier of the house when Pedestrian was i...
The day after Seller completed the sale of his house and moved out, one of the slates flew off the roof during a windstorm. The slate struck Pedestrian, who was on the public sidewalk. Pedestrian was seriously injured. The roof is old and has lost several slates in ordinary windstorms on other occasions. If Pedestrian ...
692
0
[ "Buyer was unaware of the sale to Citizen when Owner received the letter and check from Buyer on April 21.", "On April 15, Buyer decided to purchase Greenacre, and applied for and obtained a commitment from Bank for a $75,000 loan to help finance the purchase. ", "When the April 1 writing was signed, Owner said...
On April 1, Owner and Buyer signed a writing in which Owner, "in consideration of $100 to be paid to Owner by Buyer," offered Buyer the right to purchase Greenacre for $100,000 within 30 days. The writing further provided, "This offer will become effective as an option only if and when the $100 consideration is in fact...
693
3
[ "Nominal damages only, because the remedy of specific performance was not available to Buyer. ", "The fair market value, if any, of an assignable option to purchase Greenacre for $100,000. ", "$20,000, plus the amount, if any, by which the fair market value of Greenacre on the date of Owner's breach exceeded $1...
On April 1, Owner and Buyer signed a writing in which Owner, "in consideration of $100 to be paid to Owner by Buyer," offered Buyer the right to purchase Greenacre for $100,000 within 30 days. The writing further provided, "This offer will become effective as an option only if and when the $100 consideration is in fact...
694
3
[ "because Beta survived Alpha.", "because Hera defaulted in the obligations undertaken by Alpha.", "unless Hera pays Beta one-half of the reasonable market value of Greenacre.", "unless Hera pays Beta one-half of the amount Beta paid for the tax deed." ]
Alpha and Beta owned Greenacre, a large farm, in fee simple as tenants in common, each owning an undivided one-half interest. For five years Alpha occupied Greenacre and conducted farming operations. Alpha never accounted to Beta for any income but Alpha did pay all real estate taxes when the taxes were due and kept th...
695
1
[ "affirmed, because he agreed with Emma to commit the crime. ", "reversed, because Emma could not be a conspirator to this crime. ", "reversed, because the crime is one that can only be committed by agreement and thus Wharton's Rule bars conspiracy liability. ", "reversed, because one cannot conspire with a pe...
Eighteen-year-old Kenneth and his 14year-old girlfriend, Emma, made plans to meet in Kenneth's apartment to have sexual intercourse, and they did so. Emma later told her mother about the incident. Kenneth was charged with statutory rape and conspiracy to commit statutory rape. In the jurisdiction, the age of consent is...
696
0
[ "murder in the first degree, because, with premeditation and deliberation, he killed whoever would start the car. ", "murder in the second degree, because he had no intention of killing Lois. ", "manslaughter, because at the time of the explosion, he had no intent to kill, and the death of Lois was in part the ...
Sam decided to kill his boss, Anna, after she told him that he would be fired if his work did not improve. Sam knew Anna was scheduled to go on a business trip on Monday morning. On Sunday morning, Sam went to the company parking garage and put a bomb in the company car that Anna usually drove. The bomb was wired to go...
697
2
[ "No, because such a tax would be a tax on the United States. ", "No, because such a tax would be a tax upon activities performed on behalf of the United States, since the automobiles are primarily used by these federal employees in the discharge of their official duties. ", "Yes, because the tax is imposed on t...
The state of Green imposes a tax on the "income" of each of its residents. As defined in the taxing statute, "income" includes the fair rental value of the use of any automobile provided by the taxpayer's employer for the taxpayer's personal use. The federal government supplies automobiles to some of its employees who ...
698
3
[ "not prevail, if Orderly's actions were outside the scope of his employment. ", "not prevail, if Patient initiated the relationship with Orderly and encouraged his actions. ", "prevail, if Orderly was an employee of Hospital. ", "prevail, if Hospital failed to use reasonable care to protect Patient from such ...
Orderly, a male attendant who worked at Hospital, had sexual relations with Patient, a severely retarded person, in her room at Hospital. In a tort action brought on Patient's behalf against Hospital, Patient will
699
3
[ "inadmissible, because the policy itself is required under the original document rule. ", "inadmissible, because of the rule against proof of insurance where insurance is not itself at issue. ", "admissible to show that Defendant had little motivation to invest money in maintenance of the airplane.", "admissi...
Passenger is suing Defendant for injuries suffered in the crash of a small airplane, alleging that Defendant had owned the plane and negligently failed to have it properly maintained. Defendant has asserted in defense that he never owned the plane or had any responsibility to maintain it. At trial, Passenger calls Witn...
700
3
[ "Eva, because Bank was negligent in failing to check the recordation of the release. ", "Eva, because she was entitled to rely on the recorded release. ", "Bank, because Eva could have discovered the alteration by reasonable inquiry. ", "Bank, because the alteration of the release was ineffective. " ]
Opal owned several vacant lots in ABC Subdivision. She obtained a $50,000 loan from a lender, Bank, and executed and delivered to Bank a promissory note and mortgage describing Lots 1, 2, 3, 4, and 5. The mortgage was promptly and properly recorded. Upon payment of $10,000, Opal obtained a release of Lot 2 duly execute...
701
0
[ "grant the motion, because Miller did not voluntarily waive his right to silence. ", "grant the motion, because the statement was the product of the warrantless entry and search of Miller's farm. ", "deny the motion, because the deputy was in hot pursuit when he questioned Miller. ", "deny the motion, because...
Jones, a marijuana farmer, had been missing for several months. The sheriff's department received an anonymous tip that Miller, a rival marijuana farmer, had buried Jones in a hillside about 200 yards from Miller's farmhouse. Sheriff's deputies went to Miller's farm. They cut the barbed wire that surrounded the hillsid...
702
2
[ "grant the motion, because the deputies had not obtained a warrant. ", "grant the motion, because the deputies' conduct in its entirety violated Miller's right to due process of law. ", "deny the motion, because Miller had no expectation of privacy in the fields around his farmhouse. ", "deny the motion, beca...
Jones, a marijuana farmer, had been missing for several months. The sheriff's department received an anonymous tip that Miller, a rival marijuana farmer, had buried Jones in a hillside about 200 yards from Miller's farmhouse. Sheriff's deputies went to Miller's farm. They cut the barbed wire that surrounded the hillsid...
703
2
[ "Yes, because the ocean liner was not equipped with the statutorily required lifeboats. ", "Yes, because in these circumstances common carriers are strictly liable. ", "No, because the storm was so severe that it would have been impossible to launch a statutorily required lifeboat. ", "No, because Passenger a...
Passenger departed on an ocean liner knowing that it would be a rough voyage due to predicted storms. The ocean liner was not equipped with the type of lifeboats required by the applicable statute. Passenger was swept overboard and drowned in a storm so heavy that even a lifeboat that conformed to the statute could not...
704
0
[ "constitutional, because they do not prohibit adult entertainment everywhere in King City, and the city has a substantial interest in keeping the major part of its commercial center free of uses it considers harmful to that area. ", "constitutional, because adult entertainment of the kind described in these provi...
The King City zoning ordinance contains provisions restricting places of "adult entertainment" to two specified city blocks within the commercial center of the city. These provisions of the ordinance define "adult entertainment" as "live or filmed nudity or sexual activity, real or simulated, of an indecent nature." Sa...
705
3
[ "win, because Buyer committed a total breach by anticipatory repudiation on October 1. ", "win, because Buyer's October 1 statement created reasonable grounds for Seller's insecurity with respect to Buyer's performance. ", "lose, because the parties contracted for the sale and conveyance of a single tract, and ...
On June 1, Seller and Buyer contracted in writing for the sale and purchase of Seller's cattle ranch (a large single tract), and to close the transaction on December 1. Assume the following facts. On October 1, Buyer told Seller, "I'm increasingly unhappy about our June 1 contract because of the current cattle market, ...
706
2
[ "win, because Seller failed seasonably to notify Buyer of any pending sale to Rancher. ", "win, because Seller waived Buyer's August 1 repudiation by urging her to retract it on August 15. ", "lose, because Buyer did not retract her repudiation before Seller materially changed his position in reliance thereon b...
On June 1, Seller and Buyer contracted in writing for the sale and purchase of Seller's cattle ranch (a large single tract), and to close the transaction on December 1. Assume the following facts. Buyer unequivocally repudiated the contract on August 1. On August 15, Seller urged Buyer to change her mind and proceed wi...
707
0
[ "$100,000 to Lender One and $100,000 to Owner. ", "$100,000 to Lender Two and $100,000 to Owner. ", "$100,000 to Lender One and $100,000 to Lender Two. ", "$200,000 to Owner." ]
Owner owned a hotel, subject to a mortgage securing a debt Owner owed to Lender One. Owner later acquired a nearby parking garage, financing a part of the purchase price by a loan from Lender Two, secured by a mortgage on the parking garage. Two years thereafter, Owner defaulted on the loan owed to Lender One, which ca...
708
2
[ "Subbo recovers $50,000, the benefit conferred on Kontractor for which Subbo has not been paid. ", "Subbo recovers $30,000, the benefit Subbo conferred on Kontractor minus the $20,000 in damages incurred by Kontractor. ", "Kontractor recovers $20,000, the excess over the contract price that was paid by Kontract...
Kontractor agreed to build a power plant for a public utility. Subbo agreed with Kontractor to lay the foundation for $200,000. Subbo supplied goods and services worth $150,000, for which Kontractor made progress payments aggregating $100,000 as required by the subcontract. Subbo then breached by refusing unjustifiably...
709
0
[ "denied, because the jury could find that an unreasonably dangerous defect in the engine was a proximate cause of the collision. ", "denied, if the jury could find that the Rapido was not crashworthy. ", "granted, because Troody's failure to stop within an assured clear distance was a superseding cause of the c...
The Rapido is a sports car manufactured by the Rapido Motor Co. The Rapido has an excellent reputation for mechanical reliability with one exception, that the motor may stall if the engine has not had an extended warm-up. Driver had just begun to drive her Rapido in city traffic without a warm-up when the engine sudden...
710