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
0	[ "admissible, as a basis for his opinion and as substantive evidence of the proper standard of care. ", "admissible, as a basis for his opinion but not as substantive evidence of the proper standard of care. ", "inadmissible, because a witness's credibility cannot be supported unless attacked. ", "inadmissible...	Pate sued Dr. Doke for psychiatric malpractice and called Dr. Will as an expert witness. During Will's direct testimony, Will identified a text as a reliable authority in the field. He seeks to read to the jury passages from this book on which he had relied in forming his opinion on the proper standard of care. The pas...	833
1	[ "record contains no evidence that Plaintiff suffered special harm as a result of the publication.", "record contains no evidence that the defendant was negligent as to the truth or falsity of the charge of embezzlement.", "evidence is not clear and convincing that the defendant published the article with \"actu...	The Daily Sun, a newspaper, printed an article that stated: Kitchen, the popular restaurant on the town square, has closed its doors. Kitchen employees have told the Daily Sun that the closing resulted from the owner's belief that Kitchen's general manager has embezzled thousands of dollars from the restaurant over the...	834
3	[ "Did Surgeon owe a duty of care to the baby in respect to medical services rendered to Patient three years before the baby was conceived?", "Can a person recover damages for a life burdened by a severe birth defect based on a physician's wrongful failure to prevent that person's birth from occurring?", "Did Sur...	Surgeon performed a sterilization operation on Patient. After the surgery, Surgeon performed a test that showed that Patient's fallopian tubes a test that showed that Patient's fallopian tubes were not severed, as was necessary for sterilization. Surgeon did not reveal the failure of the operation to Patient, who three...	835
1	[ "robbery.", "attempted robbery.", "theft by false pretenses.", "larceny by trick." ]	Robert walked into a store that had a checkcashing service and tried to cash a $550 check which was payable to him. The attendant on duty refused to cash the check because Robert did not have two forms of identification, which the store's policies required. Robert, who had no money except for the check and who needed c...	836
2	[ "succeed, because she is a third-party beneficiary of the Kabb-Petrol contract. ", "succeed, because Kabb was acting as Artiste's agent when he contracted with Petrol. ", "not succeed, because the failure of a constructive condition precedent excused Petrol's duty to place his advertising with Artiste. ", "no...	Kabb, the owner of a fleet of taxis, contracted with Petrol, a dealer in petroleum products, for the purchase and sale of Kabb's total requirements of gasoline and oil for one year. As part of that agreement, Petrol also agreed with Kabb that for one year Petrol would place all his advertising with Ada Artiste, Kabb's ...	837
0	[ "succeed, because, on the facts of this case, Petrol and Kabb could not, without Artiste's consent, modify their contract so as to discharge Petrol's duties to Artiste. ", "succeed, because Kabb acted in bad faith in releasing Petrol from his duty with respect to Artiste. ", "not succeed, because, absent a prov...	Kabb, the owner of a fleet of taxis, contracted with Petrol, a dealer in petroleum products, for the purchase and sale of Kabb's total requirements of gasoline and oil for one year. As part of that agreement, Petrol also agreed with Kabb that for one year Petrol would place all his advertising with Ada Artiste, Kabb's ...	838
2	[ "Bank, because its mortgage was recorded first. ", "Bank, because windows and screens, no matter their characteristics, are an integral part of a house. ", "Vend, because the inserts are removable. ", "Vend, because the availability of the old windows enables Bank to return Blackacre to its original condition...	Adam owns his home, Blackacre, which was mortgaged to Bank by a duly recorded purchase money mortgage. Last year, Adam purchase money mortgage. Last year, Adam replaced all of Blackacre's old windows with new windows. Each new window consists of a window frame with three inserts: regular windows, storm windows, and scr...	840
0	[ "Denby played the audiotape for his father to get his reactions.", "the lawsuit involved alleged criminal behavior by Denby.", "Denby has been deposed and there is good reason to believe that the audiotape may contain inconsistent statements.", "Denby is deceased and thus unavailable to give testimony in pers...	In a suit by Palmer against Denby, Palmer sought to subpoena an audiotape on which Denby had narrated his version of the dispute for his attorney. Counsel for Denby moves to quash the subpoena on the ground of privilege. The audiotape is most likely to be subject to subpoena if	841
0	[ "constitutional, because the property clause of Article IV, Section 3, of the Constitution authorizes such federal statutory controls and sanctions. ", "constitutional, because Article I, Section 8, of the Constitution authorizes Congress to enact all laws necessary and proper to advance the general welfare. ", ...	The National Ecological Balance Act prohibits the destruction or removal of any wild animals located on lands owned by the United States without express permission from the Federal Bureau of Land Management. Violators are subject to fines of up to $1,000 per offense. After substantial property damage was inflicted on r...	842
1	[ "acquitted, because he acted on the advice of an attorney. ", "acquitted, because he lacked a necessary mental element of the crime. ", "convicted, because reliance on an attorney's advice is not a defense. ", "convicted, provided a reasonable person (D) convicted, provided a reasonable person would have know...	A kidnapping statute in State A makes it a crime for a person, including a parent, to "take a child from the custody of his custodial parent, knowing he has no privilege to do so." After a bitter court battle Ann and Dave were divorced and Ann was given custody of their daughter, Maria. Dave later moved to State B wher...	843
2	[ "the mortgage is not entitled to priority because it was granted for preexisting obligations.", "the doctrine of equitable conversion supports the result.", "Owen's arrangements for the payment of the mortgage fully satisfied Owen's obligation to deliver marketable title.", "the existence of the mortgage was ...	Owen, the owner of Greenacre, a tract of land, mortgaged Greenacre to ABC Bank to secure his preexisting obligation to ABC Bank. The mortgage was promptly and properly recorded. Owen and Newton then entered into a valid written contract for the purchase and sale of Greenacre, which provided for the transfer of "a marke...	844
3	[ "admissible, to prove that the carpet was defective. ", "admissible, to prove that Dalton had notice of the defect. ", "admissible, to prove both that the carpet was defective and that Dalton had notice of the defect. ", "inadmissible, because it is hearsay not within any exception. " ]	Pawn sued Dalton for injuries received when she fell down a stairway in Dalton's apartment building. Pawn, a guest in the building, alleged that she caught the heel of her shoe in a tear in the stair carpet. Pawn calls Witt, a tenant, to testify that Young, another tenant, had said to him a week before Pawn's fall: "Wh...	845
2	[ "Magazine lacks standing to sue for a refund of sales taxes imposed by a generally applicable state law because Article III of the Constitution precludes taxpayers from bringing such suits. taxpayers from bringing such suits.", "the Eleventh Amendment bars the state court from exercising jurisdiction over this su...	A law of the state of Wonatol imposed a generally applicable sales tax payable by the vendor. That law exempted from its provisions the sale of "all magazines, periodicals, newspapers, and books." In order to raise additional revenue, the state legislature eliminated that broad exemption and substituted a narrower exem...	846
0	[ "admitted, under the hearsay exception for former testimony. ", "admitted, because it is a statement by a person identified with a party. ", "excluded, because it is hearsay not within any exception. ", "excluded, because Defendant has the right to prevent use of his spouse's testimony against him in a crimin...	Defendant was prosecuted for bankruptcy fraud. Defendant's wife, now deceased, had testified adversely to Defendant during earlier bankruptcy proceedings that involved similar issues. Although the wife had been crossexamined, no serious effort was made to challenge her credibility despite the availability of significan...	847
0	[ "Mermaid can retain the $200 paid by Phinney, because it would be difficult for Mermaid to establish her actual damages and the sum appears to have been a reasonable forecast in light of anticipated loss of profit from the charter. ", "Mermaid is entitled to retain only $50 (10% of the contract price) and must re...	Mermaid owns an exceptionally seaworthy boat that she charters for sport fishing at a $500 daily rate. The fee includes the use of the boat with Mermaid as the captain, and one other crew member, as well as fishing tackle and bait. On May 1, Phinney agreed with Mermaid that Phinney would have the full-day use of the bo...	848
0	[ "The contract is discharged because of impossibility, and Phinney is entitled to return of his deposit. ", "The contract is discharged because of mutual mistake concerning an essential fact, and Phinney is entitled to return of his deposit. ", "The contract is not discharged, because its performance was possibl...	Mermaid owns an exceptionally seaworthy boat that she charters for sport fishing at a $500 daily rate. The fee includes the use of the boat with Mermaid as the captain, and one other crew member, as well as fishing tackle and bait. On May 1, Phinney agreed with Mermaid that Phinney would have the full-day use of the bo...	849
2	[ "prevail, because a warranty deed for valuable consideration takes priority over a quitclaim deed without consideration. ", "prevail, because Orben's subsequent conveyance to Fred revoked the gift to Sam. ", "lose, because Sam's possession charged Fred with notice. ", "lose, because the equities favor Sam. " ...	Eight years ago, Orben, prior to moving to a distant city, conveyed Blackacre, an isolated farm, to his son, Sam, by a quitclaim deed. Sam paid no consideration. Sam, who was 19 years old, without formal education, and without experience in business, took possession of Blackacre and operated the farm but neglected to r...	850
0	[ "the facts constitute adverse possession and title to the portion of Blackacre concerned has vested in Agency.", "Brown's failure to keep himself informed as to Agency's use of Blackacre and his failure to object constituted implied consent to the continuation of that use. consent to the continuation of that use....	Brown owned Blackacre, a tract of undeveloped land. Blackacre abuts Whiteacre, a tract of land owned by Agency, the state's governmental energy agency. At Whiteacre, Agency has operated a waste-to-electricity recycling facility for 12 years. Blackacre and Whiteacre are in a remote area and Whiteacre is the only develop...	851
1	[ "admitted, as a statement against interest. ", "admitted, as evidence of Defendant's close connection with the car and, therefore, knowledge of its contents. ", "excluded, unless authenticated by (C) excluded, unless authenticated by testimony of or certification by a state official charged with custody of vehi...	Defendant was charged with possession of cocaine with intent to distribute. He had been stopped while driving a car and several pounds of cocaine were found in the trunk. In his opening statement, defendant's counsel asserted that his client had no key to the trunk and no knowledge of its contents. The prosecutor offer...	852
2	[ "sustained, because the order sought by the prosecution would violate Devlin's privilege against self-incrimination. ", "sustained, because the order sought by the prosecution would constitute an illegal search and seizure. ", "denied, because the order sought by the prosecution is a legitimate part of a proper...	Devlin was charged with murder. Several witnesses testified that the crime was committed by a person of Devlin's general description who walked with a severe limp. Devlin in fact walks with a severe limp. He objected to a prosecution request that the court order him to walk across the courtroom in order to display his ...	855
3	[ "commerce clause.", "obligation of contracts clause.", "Fifth Amendment.", "First and Fourteenth Amendments." ]	A statute of the state of Kiowa provided state monetary grants to private dance, theater, and opera groups located in that state. The statute required recipients of such grants to use the granted monies for the acquisition, construction, and maintenance of appropriate facilities for the public performance of their perf...	856
3	[ "nothing, because he should have joined City, without whose negligence he would have suffered no loss. ", "nothing, unless he introduces evidence that enables the court reasonably to apportion responsibility between City and Railroad. ", "one-half his loss, in the absence of evidence that enables the court to a...	Penkov suffered a severe loss when his manufacturing plant, located in a shallow ravine, was flooded during a sustained rainfall. The flooding occurred because City had failed to maintain its storm drain, which was located on City land above Penkov's premises, and because Railroad had failed to maintain its storm drain...	857
0	[ "Congress may not exercise its authority over the appellate jurisdiction of the Supreme Court in a way that seriously interferes with the establishment of a supreme and uniform body of federal constitutional law.", "Congress may only regulate the appellate jurisdiction of the Supreme Court over cases initially ar...	Assume that Congress passed and the President signed the following statute: "The appellate jurisdiction of the United States Supreme Court shall not extend to any case involving the constitutionality of any state statute limiting the circumstances in which a statute limiting the circumstances in which a woman may obtai...	859
0	[ "accept the case for review and determine the validity and interpretation of the federal statute if it is an important and substantial question.", "ask the Blue Supreme Court to indicate more clearly whether it relied on the state constitutional provision in rendering its decision.", "decline to review the case...	The federal statute admitting the state of Blue to the Union granted Blue certain public lands, and established some very ambiguous conditions on the subsequent disposition of these lands by Blue. This federal statute also required the new state to write those exact same conditions into its state constitution. One same...	860
2	[ "Suspend his own performance, demand assurances from Schweinebauch, and treat a failure by Schweinebauch to give them as an actionable repudiation. ", "Suspend his own performance and recover damages from Schweinebauch for breach of contract unless Schweinebauch at once supplies an undiseased hog of exhibition qu...	Trawf, the manager of a state fair, contracted 100. with Schweinebauch, a renowned hog breeder, to exhibit Schweinebauch's world champion animal, Megahawg, for the three weeks of the annual fair, at the conclusion of which Schweinebauch would receive an honorarium of $300. Two days before the opening of the fair, Megah...	861
1	[ "by carrying the scarf in public view and then putting it into her purse, Paula assumed the risk of being detained. ", "the manager had a reasonable belief that Paula was shoplifting and detained her only briefly for a reasonable investigation of the facts.", "Paula should have realized that her conduct would c...	The manager of a department store noticed that Paula was carrying a scarf with her as she examined various items in the blouse department. The manager recognized the scarf as an expensive one carried by the store. Paula was trying to find a blouse that matched a color in the scarf, and, after a while, found one. The ma...	862
1	[ "Yes, because it could reasonably be viewed as an exercise of Congress's authority to enact laws for the general welfare. ", "Yes, because it could reasonably be viewed as a means of enforcing the provisions of the Thirteenth Amendment. ", "No, because it would regulate purely local transactions that are not in...	A proposed federal statute would prohibit all types of discrimination against black persons on the basis of their race in every business transaction executed anywhere in the United States by any person or entity, governmental or private. Is this proposed federal statute likely to be constitutional?	863
3	[ "Horace and Lewis are guilty of burglary.", "Horace is guilty of burglary and Lewis is guilty of larceny.", "Horace is guilty of trespass and Lewis is guilty of larceny.", "Lewis is guilty of larceny and Horace is not guilty of any crime." ]	Sam told Horace, his neighbor, that he was going away for two weeks and asked Horace to keep an eye on his house. Horace agreed. Sam gave Horace a key to use to check on the house. Horace decided to have a party in Sam's house. He invited a number of friends. One friend, Lewis, went into Sam's bedroom, took some of Sam...	864
1	[ "Able, because in equity a purchaser takes free of judgment liens. ", "Able, because the contract had been recorded. ", "Baker, because Able cannot benefit from Baker's action in recording the contract. ", "Baker, because the statute creating judgment liens takes precedence over the recording act. " ]	Able was the owner of Greenacre, a large tract of land. Able entered into a binding written contract with Baker for the sale and purchase of Greenacre for $125,000. The contract required Able to convey marketable record title. Baker decided to protect his interest and promptly and properly recorded the contract. Therea...	866
0	[ "admissible, because it is based on Dint's firsthand knowledge. ", "admissible, because the ledger entries offered by a party opponent opened the door. ", "inadmissible, because the ledger is the best evidence of the amounts Post received. ", "inadmissible, because Dint's failure to challenge the accuracy of ...	Post sued Dint for dissolution of their yearlong partnership. One issue concerned the amount of money Post had received in cash. amount of money Post had received in cash. It was customary for Dint to give Post money from the cash register as Post needed it for personal expenses. Post testified that, as he received mon...	867
0	[ "Nimrod had a right to reject the trailer, but Trailco was entitled to a reasonable opportunity to cure the defect. ", "Nimrod had a right to reject the trailer and terminate the contract under the perfect tender rule.", "Nimrod was required to accept the trailer, because the defect could be readily cured. ", ...	In a signed writing, Nimrod contracted to purchase a 25-foot travel trailer from Trailco for $15,000, cash on delivery no later than for $15,000, cash on delivery no later than June 1. Nimrod arrived at the Trailco sales lot on Sunday, May 31, to pay for and take delivery of the trailer, but refused to do so when he di...	868
3	[ "Tim is barred by adverse possession.", "Frank's deed from Oker was never recorded.", "Tim did not know about the covenant until after he had incurred the expenses and, hence, could not have relied on it. ", "Tim's expenditures were not proved to be reasonable and customary." ]	Oker owned in fee simple two adjoining lots, Lots 1 and 2. He conveyed in fee simple Lot 1 to Frank. The deed was in usual form of a warranty deed with the following provision inserted in the appropriate place: "Grantor, for himself, his heirs and assigns, does covenant and agree that any reasonable expense incurred by...	869
3	[ "nothing, if Acme could not reasonably have been expected to foresee the extent of the harm that Prudence suffered as a result of the accident. ", "nothing, if the accident would not have caused significant harm to an ordinarily prudent elevator passenger. ", "damages for the full amount of her disability, beca...	While Prudence was leaving an elevator, it suddenly dropped several inches, causing her to fall. An investigation of the accident revealed that the elevator dropped because it had been negligently maintained by the Acme Elevator Company. Acme had a contract with the owner of the building to inspect and maintain the ele...	870
0	[ "both sides, with the jury not present, and decide whether Winn may testify to Vetter's statement. ", "both sides, with the jury present, and decide whether Winn may testify to Vetter's statement. ", "both sides, with the jury present, and allow the jury to determine whether Winn may testify to Vetter's stateme...	Dix is on trial for killing Vetter. The prosecutor calls Winn to testify that after being shot, Vetter said, "Dix did it." Before the testimony is given, Dix's lawyer asks for a hearing on whether Vetter believed his death was imminent when he made the statement. Before permitting evidence of the dying declaration, the...	871
3	[ "grant the motion, because the only purpose of Boa's flight was to observe the yard. ", "grant the motion, because Tusitala had a reasonable expectation of privacy in the curtilage around her house and the police did not have a warrant. ", "deny the motion, because a warrant is not required for a search of a re...	Police received an anonymous tip that Tusitala was growing marijuana in her backyard, which was surrounded by a 15-foot high, solid wooden fence. Officer Boa was unable to view the yard from the street, so he used a police helicopter to fly over Tusitala's house. Boa identified a large patch of marijuana plants growing...	872
1	[ "Buyem may accept the shipment, in which case he must pay Zeller the list price, or he must reject the shipment and recover from Zeller for total breach of contract. ", "Buyem may accept the shipment, in (B) Buyem may accept the shipment, in which case he must pay Zeller the list price, or he may reject the shipm...	Buyem faxed the following signed message to Zeller, his long-time widget supplier: "Urgently need blue widgets. Ship immediately three gross at your current list price of $600." Upon receipt of the fax, Zeller shipped three gross of red widgets to Buyem, and faxed to Buyem the following message: "Temporarily out of blu...	873
3	[ "invalid, because the free exercise clause of the First Amendment prohibits the Park Service from knowingly interfering with religious conduct. ", "invalid, because these facts demonstrate that the action of the Park Service purposefully and invidiously discriminated against the Friends of Lucifer. ", "valid, b...	Members of a religious group calling itself the Friends of Lucifer believe in Lucifer as their Supreme Being. The members of this group meet once a year on top of Mt. Snow, located meet once a year on top of Mt. Snow, located in a U.S. National Park, to hold an overnight encampment and a midnight dance around a large c...	874
3	[ "The fact that the defective part bears Davis Co.'s insignia or trademark.", "Testimony that the part was purchased from a parts house to which Davis Co. regularly sold parts.", "The part itself and a concededly genuine part manufactured by Davis Co. (for the jury's comparison).", "A judgment for another plai...	Park sued Davis Co. for injuries suffered in the crash of Park's dune buggy, allegedly caused by a defective auto part manufactured by Davis Co. Davis Co. claims that the part was a fraudulent imitation, not produced by Davis Co. Which of the following is NOT admissible on the issue of whether the part was manufactured...	875
3	[ "I only.", "II and III only.", "I and II and III.", "Neither I nor II nor III." ]	Staff, Inc., a flour wholesaler, contracted to deliver to Eclaire, a producer of fine baked goods, her flour requirements for a one-year period. Before delivery of the first scheduled installment, Staff sold its business and "assigned" all of its sale contracts to Miller, Inc., another reputable and long-time flour Mil...	877
3	[ "because the application contains a material statement that is false.", "because of the false statement and because no cocaine was found in the house.", "only if he also finds that Susie Schultz's statement was a deliberate lie.", "only if he also finds that Officer Jones knew the statement was false." ]	On October 22, Officer Jones submitted an application for a warrant to search 217 Elm Street for cocaine. In the application, Officer Jones stated under oath that he believed there was cocaine at that location because of information supplied to him on the morning of October 22 by Susie Schultz. He described Schultz as ...	879
2	[ "The Green City Council must demonstrate that its personnel handbook created no constitutionally protected interest in city employment or in the procedures by which such employment is terminated.", "The Green City Council must demonstrate that Baker's termination was for good cause.", "Baker must demonstrate th...	The Personnel Handbook of Green City contains all of that city's personnel policies. One section of the handbook states that One section of the handbook states that "where feasible and practicable supervisors are encouraged to follow the procedures specified in this Handbook before discharging a city employee." Those s...	880
2	[ "successful, because the statement was made in a medical setting. ", "successful, because the nurse violated a confidence in reporting the statement. ", "unsuccessful, because the statement was not within any privilege. ", "unsuccessful, because Dean had not been committed involuntarily by court order. " ]	Dean was prosecuted in federal court for making threats against the President of the United States. Dean was a voluntary patient in a private psychiatric hospital and told a nurse, shortly before the President came to town, that Dean planned to shoot the President. The nurse reported the threat to FBI agents. Dean's mo...	881
0	[ "Able failed to disclose a latent defect.", "Baker made a proper inspection.", "the situation constitutes a health hazard.", "Able breached the implied warranty of habitability and fitness for purpose." ]	Able, who owned Blackacre, a residential lot improved with a dwelling, conveyed it for a valuable consideration to Baker. The dwelling had been constructed by a prior owner. Baker had inspected Blackacre prior to the purchase and discovered no defects. After moving in, Baker became aware that sewage seeped into the bas...	882
3	[ "did not intend to kill.", "did not commit the robbery because he never acquired any money from the clerk.", "did not intend to create any risk of harm.", "is not responsible for the acts of the customer." ]	Steve, in desperate need of money, decided to hold up a local convenience store. Determined not to harm anyone, he carried a toy gun that resembled a real gun. In the store, he pointed the toy gun at the clerk and demanded money. A customer who entered the store and saw the robbery in progress pulled his own gun and fi...	884
1	[ "Nothing, because the risk of unexpected title problems in a real-property transaction is properly allocable to the seller's attorney and thus to Lawyer in seller's attorney and thus to Lawyer in this case. ", "Nothing, because the amount of Lawyer's fee was disputed in good faith by Client, and Lawyer impliedly ...	Client consulted Lawyer about handling the sale of Client's building, and asked Lawyer what her legal fee would be. Lawyer replied that her usual charge was $100 per hour, and estimated that the legal work on behalf of Client would cost about $5,000 at that rate. Client said, "Okay; let's proceed with it," and Lawyer t...	885
2	[ "Yes, if Dumont's action was extreme and outrageous. ", "Yes, because Perkins was frightened and outraged. ", "No, if Perkins did not suffer emotional distress that was severe. ", "No, if it was not Dumont's purpose to cause emotional distress. " ]	Dumont, a real estate developer, was trying to purchase land on which he intended to build a large commercial development. Perkins, an elderly widow, had rejected all of Dumont's offers to buy her ancestral home, where she had lived all her life and which was located in the middle of Dumont's planned development. Final...	887
0	[ "She may grant a directed verdict for the defense if she believes that the jury could not find the prosecution to have proved sanity beyond a reasonable doubt.", "She may grant a directed verdict for the prosecution if she believes that Askew's witnesses on the insanity question are not believable.", "She may n...	State Y employs the Model Penal Code or American Law Institute test for insanity, and requires the state to prove sanity, when it is in issue, beyond a reasonable doubt. At Askew's trial for murder, he pleaded insanity. The state put on an expert psychiatrist who had examined Askew. He testified that, in his opinion, A...	889
1	[ "he was not aware of the duty-to-report statute.", "he lacked the mental state necessary to the commission of the crime.", "his omission was not the proximate cause of death.", "the day-care corporation, rather than Trelawney, was guilty of the omission, which was sanctioned by its supervisorylevel agent. " ]	Trelawney worked at a day-care center run by the Happy Faces Day Care Corporation. At the the Happy Faces Day Care Corporation. At the center, one of the young charges, Smith, often arrived with bruises and welts on his back and legs. A statute in the jurisdiction requires all day-care workers to report to the police c...	890
3	[ "not recover, because a person is not required by law to come to the assistance of another who is imperiled by a third party. ", "not recover, if Perkins could easily have moved to another seat. ", "recover, because a common carrier is strictly liable for injuries suffered by a passenger while aboard the carrie...	Perkins and Morton were passengers sitting in adjoining seats on a flight on Delval Airline. There were many empty seats on the aircraft. During the flight, a flight attendant served Morton nine drinks. As Morton became more and more obviously intoxicated and attempted to engage Perkins in a conversation, Perkins chose...	891
2	[ "prevail, because she suffered an intentionally inflicted harmful or offensive contact. ", "prevail, if the flight attendant acted recklessly in continuing to serve liquor to Morton. ", "not prevail, because Morton was not acting as an agent or employee of Delval Airline. ", "not prevail, unless she can estab...	Perkins and Morton were passengers sitting in adjoining seats on a flight on Delval Airline. There were many empty seats on the aircraft. During the flight, a flight attendant served Morton nine drinks. As Morton became more and more obviously intoxicated and attempted to engage Perkins in a conversation, Perkins chose...	892
2	[ "The power of the President to conduct the foreign affairs of the United States includes a plenary authority to take whatever action the President deems wise to protect the safety of our diplomatic agents.", "The power of the President to appoint ambassadors authorizes him to take any action that he may think des...	Terrorists in the foreign country of Ruritania kidnapped the United States ambassador to that country. They threatened to kill her unless the President of the United States secured the release of an identified person who was a citizen of Ruritania and was held in a prison of the state of Aurora in the United States pur...	893
0	[ "admissible, as proper impeachment of Wagner. ", "admissible, as an admission by an agent of a party-opponent. ", "inadmissible, because the law encourages plea-bargaining. ", "inadmissible, because the evidence is hearsay not within any exception. " ]	Damson was charged with murder, and Wagner testified for the prosecution. On crossexamination of Wagner, Damson seeks to elicit an admission that Wagner was also charged with the same murder and that the prosecutor told her, "If you testify against Damson, we will drop the charges against you after the conclusion of Da...	894
1	[ "Barrister provided a new bargained-for exchange by agreeing to take the stacks.", "Debbit's letter (received by Barrister on November 10) and Barrister's faxmessage of November 14 constituted an effective modification of the original sale-of-books contract.", "Barrister's fax-message of November 14 operated to...	On November 1, Debbit, an accountant, and Barrister, a lawyer, contracted for the sale by Debbit to Barrister of the law books Debbit had inherited from his father. Barrister agreed to pay the purchase price of $10,000 when Debbit delivered the books on December 1. On November 10, Barrister received a signed letter fro...	895
1	[ "Yes, because Barrister had a pre-existing obligation to pay $10,000 for the law books. ", "Yes, because Debbit was not a merchant with respect to book stacks. ", "No, because Debbit had given a signed assurance that the offer would be held open until November 15. ", "No, because by delaying his acceptance un...	On November 1, Debbit, an accountant, and Barrister, a lawyer, contracted for the sale by Debbit to Barrister of the law books Debbit had inherited from his father. Barrister agreed to pay the purchase price of $10,000 when Debbit delivered the books on December 1. On November 10, Barrister received a signed letter fro...	896
0	[ "misrepresentation.", "breach of the covenant of warranty.", "failure of consideration.", "mutual mistake." ]	Seller owned Blackacre, improved with an aging four-story warehouse. The warehouse was built to the lot lines on all four sides. On the street side, recessed loading docks permitted semi-trailers to be backed in. After the tractors were unhooked, the trailers extended into the street and occupied most of one lane of th...	897
3	[ "acquitted, because he honestly believed he faced an imminent threat of death or severe bodily injury. ", "acquitted, because his intoxication prevented him from appreciating the risk he created. ", "convicted, because he acted recklessly and in fact was in no danger. ", "convicted, because he acted recklessl...	Despondent over losing his job, Wilmont drank all night at a bar. While driving home, he noticed a car following him and, in his intoxicated state, concluded he was being followed by robbers. In fact, a police car was following him on suspicion of drunk driving. In his effort to get away, Wilmont sped through a stop si...	899
1	[ "win, because Fortunoff Bank was not a party to the agreement. ", "win, because one tenant in common cannot bind another tenant in common to a boundary line agreement. ", "lose, because the agreement, as a matter of law, was mutually beneficial to Ethel and Homer. ", "lose, because Ethel was in sole possessio...	Homer and Ethel were jointly in possession of Greenacre in fee simple as tenants in common. They joined in a mortgage of Greenacre to They joined in a mortgage of Greenacre to Fortunoff Bank. Homer erected a fence along what he considered to be the true boundary between Greenacre and the adjoining property, owned by Mi...	901
3	[ "granted, because Grandmother is not legally responsible for the acts of Grandson. ", "granted, because Grandmother did not recall that the gun cabinet was unlocked. ", "denied, because a firearm is an inherently dangerous instrumentality. ", "denied, because a jury could find that Grandmother breached a duty...	At the trial of an action against Grandmother on behalf of Patrick, the following evidence has been introduced. Grandson and his friend, Patrick, both aged eight, were visiting at Grandmother's house when, while exploring Grandmother's house when, while exploring the premises, they discovered a hunting rifle in an unlo...	902
1	[ "An action for equitable relief not brought within a reasonable time is barred by laches.", "Specific performance is generally not available as a remedy to enforce a contractual duty to perform personal services.", "Specific performance is generally not available as a remedy in the case of an anticipatory repud...	On November 15, Joiner in a signed writing contracted with Galley for an agreed price to personally remodel Galley's kitchen according to specifications provided by Galley, and to start work on December 1. Joiner agreed to provide all materials for the job in addition to all of the labor required. For this question onl...	903
3	[ "deny the motion on the ground that the search was incident to a lawful arrest.", "deny the motion on the ground that school searches are reasonable if conducted by school personnel on school grounds on the basis of reasonable suspicion.", "grant the motion on the ground that the (C) grant the motion on the gro...	The police suspected that Yancey, a 16-year-old high school student, had committed a series of burglaries. Two officers went to Yancey's high school and asked the principal to call Yancey out of class and to search his backpack. While the officers waited, the principal took Yancey into the hall where she asked to look ...	905
2	[ "The statute is unconstitutional, because the reliance by Congress on a poll of individuals who are not federal officials to determine the recipients of its appropriated funds is an unconstitutional delegation of legislative power. ", "The statute is unconstitutional, because the limitation on recipients to the t...	A newly enacted federal statute appropriates $100 million in federal funds to support basic research by universities located in the United States. The statute provides that "the ten best universities in the United States" will each receive $10 million. It also provides that "the ten best universities" shall be "determi...	907
2	[ "A county tax assessor mistakenly bills Algernon for taxes on Bathsheba's property, which Algernon, in good faith, pays. ", "Meddick, a physician, treated Ryder without Ryder's knowledge or consent, while Ryder was unconscious as the result of a fall from his horse. ", "Asphalt, thinking that he was paving Cust...	Which of the following fact patterns most clearly suggests an implied-in-fact contract?	908
1	[ "Ashton only.", "Ashton and Beam only.", "Beam and Carter only.", "Ashton, Beam, and Carter. " ]	Ashton owned Woodsedge, a tract used for commercial purposes, in fee simple and thereafter mortgaged it to First Bank. She signed a promissory note secured by a duly executed and recorded mortgage. There was no "due on sale" clause, that is, no provision that, upon sale, the whole balance then owing would become due an...	909
2	[ "Because the Atlantica law provides higher permit charges for nonresidents, it is an undue burden on interstate commerce. ", "Because the Atlantica law provides higher permit charges for nonresidents, it denies Fisher, Inc., the privileges and immunities of state citizenship. ", "Because it holds a federal ship...	The state of Atlantica spends several million dollars a year on an oyster conservation program. As part of that program, the state limits, by statute, oyster fishing in its coastal waters to persons who have state oyster permits. In order to promote conservation, it issues only a limited number of oyster permits each y...	911
3	[ "commerce clause by unduly burdening the interstate tourist trade.", "privileges and immunities clause of the Fourteenth Amendment by interfering with the fundamental right to do business on federal property.", "equal protection of the laws clause of the Fourteenth Amendment because the tax treats him less favo...	The United States Department of the Interior granted Concessionaire the food and drink concession in a federal park located in the state of New Senora. Concessionaire operated his concession out of federally owned facilities in the park. The federal statute authorizing the Interior Department to grant such concessions ...	912
0	[ "No, if children likely to be attracted by the trampoline would normally realize the risk of using it without mats. ", "No, if Philip failed to exercise reasonable care commensurate with his age, intelligence, and experience. ", "No, because Philip entered Davis's yard and used the trampoline without Davis's pe...	Davis has a small trampoline in his backyard which, as he knows, is commonly used by neighbor children as well as his own. The trampoline is in good condition, is not defective in any way, and normally is surrounded by mats to prevent injury if a user should fall off. Prior to leaving with his family for the day, Davis...	913
1	[ "admissible, to prove a pertinent trait of Deben's character and Deben's action in conformity therewith. conformity therewith. ", "admissible, to identify the man who presented the prescription at Smith's Drugstore. ", "inadmissible, because it proves specific acts rather than reputation or opinion. ", "inadm...	Deben was charged with using a forged prescription from a Dr. Kohl to obtain PercodanÂ® from Smith's Drugstore on May 1. At trial, Smith identified Deben as the customer, but Deben testified that he had not been in the store. In rebuttal, the prosecutor calls Wallman and Witler to testify that on May 1 a man they ident...	914
0	[ "refuse to determine the merits of this suit, because there is no case or controversy. ", "refuse to issue such a declaratory judgment, because an issue of this kind involving only a local election does not present a substantial federal constitutional question. ", "issue the declaratory judgment, because a resi...	An ordinance of the city of Green requires that its mayor must have been continuously a resident of the city for at least five years at the time he or she takes office. Candidate, who is thinking about running for mayor in an election that will take place next year, will have been a resident of Green for only four and ...	915
3	[ "Len's oral agreement to reconvey is invalid under the Statute of Frauds, so Len owns Blackacre outright. ", "Oliver, having defaulted, has no further rights in Blackacre, so Len may obtain summary eviction. ", "The attempted security arrangement is a creature unknown to the law, hence a nullity; Len has only a...	Oliver, owner of Blackacre, needed money. Blackacre was fairly worth $100,000, so Oliver tried to borrow $60,000 from Len on the security of Blackacre. Len agreed, but only if Oliver would convey Blackacre to Len outright by warranty deed, with Len agreeing orally to reconvey to Oliver once the loan was paid according ...	916
3	[ "Joe must demonstrate that the admission requirement is not rationally related to a legitimate governmental interest.", "Joe must demonstrate that the admission requirement is not as narrowly drawn as possible to achieve a substantial governmental interest.", "The school must demonstrate that the admission poli...	Big City High School has had a very high rate of pregnancy among its students. In order to assist students who keep their babies to complete high school, Big City High School has established an infant day-care center for children of its students, and also offers classes in child-care. Because the child-care classes are...	917
0	[ "guilty, if he could have put out the fire before it spread and did not do so because he wanted the building destroyed. ", "guilty, if he was negligent in starting the fire. ", "not guilty, because even if he wanted to burn the building there was no concurrence between his mens rea and the act of starting the f...	Defendant was upset because he was going to have to close his liquor store due to competition from a discount store in a new shopping mall nearby. In desperation, he decided to set fire to his store to collect the insurance. While looking through the basement for flammable material, he lit a match to read the label on ...	918
2	[ "Yes, because the safety glasses were defective in that they did not protect him from the disintegrating wheel. ", "Yes, because the glasses were sold under the trade name \"Safety Glasses.\" ", "No, because the glasses were not designed or sold for protection against the kind of hazard Grinder encountered. ", ...	In his employment, Grinder operates a grinding wheel. To protect his eyes, he wears glasses, sold under the trade name "Safety Glasses," manufactured by Glassco. The glasses were sold with a warning label stating that they would protect only against small, flying objects. One day, the grinding wheel Grinder was using d...	919
3	[ "had an unreasonably dangerous manufacturing defect.", "had an unreasonably dangerous design defect.", "was inherently dangerous.", "was inadequately labeled to warn of its dangers." ]	Oscar purchased a large bottle of No-Flake dandruff shampoo, manufactured by Shampoo Company. The box containing the bottle stated in part: "CAUTION--Use only 1 capful at most once a day. Greater use may cause severe damage to the scalp." Oscar read the writing on the box, removed the bottle, and threw the box away. Os...	920
3	[ "I only.", "I and II only.", "II and III only.", "Neither I, nor II, nor III. (D) Neither I, nor II, nor III. " ]	Oscar purchased a large bottle of No-Flake dandruff shampoo, manufactured by Shampoo Company. The box containing the bottle stated in part: "CAUTION--Use only 1 capful at most once a day. Greater use may cause severe damage to the scalp." Oscar read the writing on the box, removed the bottle, and threw the box away. Os...	921
0	[ "Paul was contributorily negligent.", "Paul assumed the risk.", "Oscar had no duty toward Paul, who was a gratuitous donee. ", "Oscar had no duty toward Paul, because Shampoo Company created the risk and had a nondelegable duty to foreseeable users. " ]	Oscar purchased a large bottle of No-Flake dandruff shampoo, manufactured by Shampoo Company. The box containing the bottle stated in part: "CAUTION--Use only 1 capful at most once a day. Greater use may cause severe damage to the scalp." Oscar read the writing on the box, removed the bottle, and threw the box away. Os...	922
2	[ "unconstitutional, because a limit on the availability of abortions performed by state employees or in state-owned or state-operated facilities to situations in which it is necessary to save the life of the mother impermissibly interferes with the fundamental right of Citizen to decide whether to have a child. ", ...	A statute of the state of Wasminia prohibits the use of state-owned or state-operated facilities for the performance of abortions that are not "necessary to save the life of the mother." That statute also prohibits state employees from performing any such abortions during the hours they are employed by the state. Citiz...	923
1	[ "Cal, because Ann was a donee. ", "Cal, because Belle's purchase cut off Ann's rights. ", "Ann, because she recorded before Cal. ", "Ann, because Cal was a subsequent donee. " ]	Oscar, owner of Greenacre, conveyed Greenacre by quitclaim deed as a gift to Ann, who did not then record her deed. Later, Oscar conveyed Greenacre by warranty deed to Belle, who paid valuable consideration, knew nothing of Ann's claim, and promptly and properly recorded. Next, Ann recorded her deed. Then Belle conveye...	924
1	[ "denied, because the record shows that Walker apprehended an imminent, harmful contact with Driver's car. ", "denied, because a jury could find that Driver negligently caused Walker to suffer a legally compensable injury. ", "granted, because the proximate cause of Walker's injury was his own voluntary act. ", ...	While Driver was taking a leisurely spring drive, he momentarily took his eyes off the road to look at some colorful trees in bloom. As a result, his car swerved a few feet off the roadway, directly toward Walker, who was standing on the shoulder of the road waiting for a chance to cross. When Walker saw the car bearin...	925
0	[ "admissible, under the hearsay exception for present sense impressions. ", "admissible, as nonhearsay circumstantial evidence. ", "inadmissible, because it is hearsay not within any exception. ", "inadmissible, because May Wong never had firsthand knowledge of the license number. " ]	Dove is on trial for theft. At trial, the prosecutor called John and May Wong. They testified that, as they looked out their apartment window, they saw thieves across the street break the window of a jewelry store, take jewelry, and leave in a car. Mrs. Wong telephoned the police and relayed to them the license number ...	928
1	[ "not prevail, if Diggers exercised reasonable care to protect the public from harm. ", "not prevail, because Paul understood the signs and disregarded the warnings. ", "prevail, because Paul was harmed by Diggers's abnormally dangerous activity. ", "prevail, unless Paul failed to use reasonable care to protec...	Diggers Construction Company was engaged in blasting operations to clear the way for a new road. Diggers had erected adequate barriers and posted adequate warning signs in the vicinity of the blasting. Although Paul read and understood the signs, he entered the area to walk his dog. As a result of the blasting, Paul wa...	929
2	[ "improper, because evidence of a witness's religious beliefs is not admissible to impeach credibility. ", "improper, because it violates First Amendment and privacy rights. ", "proper, for the purpose of ascertaining partiality or bias. ", "proper, for the purpose of showing capacity to appreciate the nature ...	Pike sued Day City Community Church for damages he suffered when Pike crashed his motorcycle in an attempt to avoid a cow that had escaped from its corral. The cow and corral belonged to a farm that had recently been left by will to the church. At trial, Pike seeks to ask Defendant's witness, Winters, whether she is a ...	930
2	[ "WeTest, because the full faith and credit clause of the Constitution requires Magenta to respect and give effect to the action of the EPA in including WeTest on its list of testers that use reasonably accurate methods. ", "WeTest, because the supremacy clause of (B) WeTest, because the supremacy clause of the Co...	Radon is a harmful gas found in the soil of certain regions of the United States. A statute of the state of Magenta requires occupants of residences with basements susceptible to the intrusion of radon to have their residences tested for the presence of radon and to take specified remedial steps if the test indicates t...	931
3	[ "Yes, because the contract's no-oralmodification clause was not expressly waived by Presskey. ", "Yes, because the contract's no-oralmodification clause was a material part of the agreed exchange and could not be avoided without new consideration. ", "No, because the contract's no-oralmodification clause was un...	Bitz, an amateur computer whiz, agreed in writing to design for the Presskey Corporation, writing to design for the Presskey Corporation, a distributor of TV game systems, three new games a year for a five-year period. The writing provided, in a clause separately signed by Bitz, that "No modification shall be binding o...	932
2	[ "Mrs. Denby cannot be called as a witness over her husband's objection.", "Mrs. Denby can be called as a witness but cannot testify, over Mr. Denby's objection, that she saw him sell heroin. ", "Mrs. Denby can refuse to be a witness against her husband.", "Mrs. Denby can be required to be a witness and to tes...	Mr. Denby was charged with the sale of narcotics. The federal prosecutor arranged with Mrs. Denby for her to testify against her husband in exchange for leniency in her case. At trial, the prosecution calls Mrs. Denby, who had been granted immunity from prosecution, to testify, among other things, that she saw her husb...	934
3	[ "It was important to enforceability of Freund's promise to Tuff that it be embodied in a signed writing.", "By extending the credit to Wrench, Tuff effectively accepted Freund's offer for a unilateral contract. ", "Although Freund received no consideration from Wrench, Freund's promise is enforceable by Tuff. "...	Freund, a U.S. west-coast manufacturer, gave Wrench, a hardware retailer who was relocating to the east coast, the following "letter of introduction" to Tuff, an east-coast hardware wholesaler. hardware wholesaler. This will introduce you to my good friend and former customer, Wrench, who will be seeking to arrange the...	935
2	[ "hold the statute unconstitutional, because such a moratorium on rate increases deprives utilities of their property without due process of law. ", "hold the statute constitutional, because the judgment of a legislature on a matter involving economic regulation is entitled to great deference. ", "dismiss the co...	The legislature of the state of Gray recently enacted a statute forbidding public utilities regulated by the Gray Public Service Commission to increase their rates more than once every two years. Economy Electric Power Company, a public utility regulated by that commission, has just obtained approval of the commission ...	936
1	[ "admissible, as a statement of present intention or plan. ", "admissible, as an admission of a party opponent. ", "inadmissible, because it is an effort to settle a claim. ", "inadmissible, because the probative value is substantially outweighed by the risk of unfair prejudice. " ]	Daniel is on trial for evading $100,000 in taxes. The prosecution offers in evidence an anonymous letter to the IRS, identified as being in Daniel's handwriting, saying, "I promised my mother on her deathbed I would try to pay my back taxes. Here is $10,000. I'll make other payments if you promise not to prosecute. Ans...	937
0	[ "Broker did not repudiate the contract on October 17, and may still perform no later than the contract deadline of December 31. ", "Even if Broker repudiated on October 17, Hoarda's only action would be for specific performance because the coin is a unique chattel. ", "Under the doctrine of impossibility, which...	Broker needed a certain rare coin to complete a set that he had contracted to assemble and sell to Collecta. On February 1, Broker obtained such a coin from Hoarda in exchange for $1,000 and Broker's signed, written promise to re-deliver to Hoarda "not later than December 31 this year" a comparable specimen of the same...	938
2	[ "Hoarda's implied duty of good faith and fair dealing in enforcement of the contract required her to mitigate her losses on the rising market by suing promptly, as she did, after becoming reasonably apprehensive of a prospective breach by Broker. ", "Although the doctrine of anticipatory breach is not applicable ...	Broker needed a certain rare coin to complete a set that he had contracted to assemble and sell to Collecta. On February 1, Broker obtained such a coin from Hoarda in exchange for $1,000 and Broker's signed, written promise to re-deliver to Hoarda "not later than December 31 this year" a comparable specimen of the same...	939
1	[ "Acme cannot purchase Paul's life estate, because life estates are not assignable. ", "the proposed demolition of the building constitutes waste.", "Richard's payment of the mortgage principal has subrogated him to Paul's rights as a life tenant and bars Paul's assignment of the life estate without Richard's co...	Alice owned a commercial property, Eastgate, consisting of a one-story building rented to various retail stores and a very large parking lot. Two years ago, Alice died and left Eastgate to her nephew, Paul, for life, with remainder to her godson, Richard, his heirs and assigns. Paul was 30 years old and Richard was 20 ...	940
2	[ "admissible, as evidence of Doppler's untruthfulness. ", "admissible, as evidence that Doppler did not act in self-defense on this occasion. ", "inadmissible, because it is improper character evidence. ", "inadmissible, because it is irrelevant to the defense Doppler raised. " ]	Doppler is charged with aggravated assault on Vezy, a game warden. Doppler testified that, when he was confronted by Vezy, who was armed and out of uniform, Doppler believed Vezy was a robber and shot in self-defense. The state calls Willy to testify that a year earlier, he had seen Doppler shoot a man without provocat...	941
0	[ "larceny.", "embezzlement.", "either larceny or embezzlement but not both.", "neither larceny nor embezzlement." ]	Eddie worked as the cashier in a restaurant. One night after the restaurant had closed, Eddie discovered that the amount of cash in Eddie discovered that the amount of cash in the cash register did not match the cash register receipt tapes. He took the cash and the tapes, put them in a bag, gave them to Rita, the manag...	942
0	[ "a statement against interest.", "a dying declaration.", "a statement of Ronald's then existing state of mind.", "an excited utterance." ]	Pamela sued Driver for damages for the death of Pamela's husband Ronald, resulting from an automobile collision. At trial, Driver calls Ronald's doctor to testify that the day before his death, Ronald, in great pain, said, "It was my own fault; there's nobody to blame but me." The doctor's testimony should be admitted ...	944
1	[ "unconstitutional, because it constitutes a taking without just compensation of Clerk's property interest in his permanent position with the county. ", "unconstitutional, because in light of Clerk's particular employment duties his right to express himself on a matter of public concern outweighed any legitimate i...	Clerk is a clerical worker who has been employed for the past two years in a permanent position in the Wasmania County Public Records Office in the state of Orange. Clerk has been responsible for copying and filing records of real estate transactions in that office. Clerk works in a nonpublic part of the office and has...	945
1	[ "Yes, because the gloves were identified to the contract and tendered to Slalome. ", "Yes, because Mitt's faxed memo to Slalome was sufficient to make the agreement enforceable. ", "No, because the agreed price was $600 and Slalome never signed a writing evidencing a contract with Mitt. ", "No, because Slalom...	Slalome, a ski-shop operator, in a telephone conversation with Mitt, a glove manufacturer, ordered 12 pairs of vortex-lined ski gloves at Mitt's list price of $600 per dozen "for delivery in 30 days." Mitt orally accepted the offer, and immediately faxed to Slalome this signed memo: "Confirming our agreement today for ...	946
3	[ "Collecta wins, because Snoop owed Artistic a preexisting duty to recover the picture if possible. ", "Collecta wins, because Artistic, Snoop's employer, had a preexisting duty to return the recovered painting to Collecta. ", "Snoop wins, because Collecta will benefit more from return of the $400,000 benefit mo...	A burglar stole Collecta's impressionist painting valued at $400,000. Collecta, who had insured the painting for $300,000 with Artistic Insurance Co., promised to pay $25,000 to Snoop, a full-time investigator for Artistic, if he effected the return of the painting to her in good condition. By company rules, Artistic p...	947
1	[ "recover, because Allen's statement was false. ", "recover, if Allen had substantial doubts about the accuracy of the information he gave the interviewer. ", "not recover, unless Bradley proves (C) not recover, unless Bradley proves pecuniary loss. ", "not recover, because the statement was made by Allen only...	Allen and Bradley were law school classmates who had competed for the position of editor of the law review. Allen had the higher grade point average, but Bradley was elected editor, largely in recognition of a long and important largely in recognition of a long and important note that had appeared in the review over he...	949
3	[ "None.", "It makes the promise illusory.", "It requires Starr to prove her inability to pay.", "It requires Prism to prove Starr's ability to pay." ]	Sue Starr, a minor both in fact and appearance, bought on credit and took delivery of a telescope from 30-year-old Paul Prism for an agreed price of $100. Upon reaching her majority soon thereafter, Starr encountered Prism and said, "I am sorry for not having paid you that $100 for the telescope when the money was due,...	951
0	[ "lose as to both defendants.", "win as to both defendants.", "win as to Beach, but lose as to Daniel. ", "win as to Daniel, but lose as to Beach. " ]	Beach owned a tract of land called Blackacre. An old road ran through Blackacre from the abutting public highway. The road had been used to haul wood from Blackacre. Without Beach's permission and with no initial right, Daniel, the owner of Whiteacre, which adjoined Blackacre, traveled over the old road for a period of...	952
0	[ "admissible, within the state of mind exception to the hearsay rule. ", "admissible, as a prior consistent statement to support Dover's credibility as a witness. ", "inadmissible, because it lacks sufficient probative value. ", "inadmissible, because it is a statement of belief to prove the fact believed. " ]	Prine sued Dover for an assault that occurred March 5 in California. To support his defense that he was in Utah on that date, Dover identifies and seeks to introduce a letter he wrote to his sister a week before the assault in which he stated that he would see her in Utah on March 5. The letter is	953

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