answer int64 0 3 | prompt stringlengths 43 6.7k | ground_truth stringclasses 4
values | options listlengths 4 4 |
|---|---|---|---|
0 | An ordinance of City makes it unlawful to park a motor vehicle on a City street within 10 feet of a fire hydrant. At 1:55 p.m., Parker, realizing that he must be in Bank before it closed at 2:00 p.m., and finding no other space available, parked his automobile in front of a fire hydrant on a City street. Parker then hu... | A | [
"recover, because the purpose of the ordinance is to provide access to the fire hydrant. ",
"recover, because Driver's negligence was later in time than Parker's act of parking. ",
"not recover, because Parker was contributorily negligent as a matter of law. ",
"not recover, because Parker's action in parking... |
0 | An ordinance of City makes it unlawful to park a motor vehicle on a City street within 10 feet of a fire hydrant. At 1:55 p.m., Parker, realizing that he must be in Bank before it closed at 2:00 p.m., and finding no other space available, parked his automobile in front of a fire hydrant on a City street. Parker then hu... | A | [
"a cause in fact and a legal cause of City's harm.",
"a cause in fact, but not a legal cause, of City's harm because Parker parked illegally. ",
"a legal cause, but not a cause in fact, of City's harm because Parker's car struck the hydrant. ",
"neither a legal cause nor a cause in fact of City's harm"
] |
3 | John Smith has denied his purported signature on a letter which has become critical in a breach of contract suit between Smith and Miller. At trial, Miller's counsel calls Alice, a teacher, who testifies that she taught John Smith mathematics in school 10 years earlier, knows his signature, and proposes to testify that... | D | [
"sustain the objection on the ground that identification of handwriting requires expert testimony and the teacher does not, per se, qualify as an expert. ",
"sustain the objection on the ground that the best evidence of Smith's handwriting would be testimony by a person who had examined his writing more recently ... |
3 | Paula sued for injuries she sustained in a fall in a hotel hallway connecting the lobby of the hotel with a restaurant located in the hotel building. The hallway floor was covered with vinyl tile. The defendants were Horne, owner of the hotel building, and Lee, lessee of the restaurant. The evidence was that the hallwa... | D | [
"admissible, because it tends to prove that Paula did not use the care exercised by reasonably prudent people. ",
"admissible, because it tends to prove that Lee was generally careful in maintaining the floor. ",
"inadmissible, because Marks' testimony is self-serving. ",
"inadmissible, because it does not be... |
0 | Paula sued for injuries she sustained in a fall in a hotel hallway connecting the lobby of the hotel with a restaurant located in the hotel building. The hallway floor was covered with vinyl tile. The defendants were Horne, owner of the hotel building, and Lee, lessee of the restaurant. The evidence was that the hallwa... | A | [
"admissible, because it is relevant to the issue of whether Horne retained control of the hallway. ",
"admissible, because it is relevant to the issue of awareness of the unsafe condition of the hallway at the time of Paula's fall. ",
"inadmissible, because there was no showing that the new floor covering would... |
2 | A newly enacted state criminal statute provides, in its entirety, "No person shall utter to another person in a public place any annoying, disturbing, or unwelcome language." Smith followed an elderly woman for three blocks down a public street, yelling in her ear offensive four-letter words. The woman repeatedly asked... | C | [
"can be convicted.",
"cannot be convicted, because speech of the sort described here may not be punished by the state because of the First and Fourteenth Amendments. ",
"cannot be convicted, because, though his speech here may be punished by the state, the state may not do so under this statute. ",
"cannot be... |
1 | In which of the following situations is Defendant's claim of intoxication most likely to result in his being found not guilty?
A) Defendant is charged with manslaughter for a death resulting from an automobile accident. Defendant, the driver, claims he was so drunk he was unable to see the other car involved in the acc... | B | [
"Defendant is charged with manslaughter for a death resulting from an automobile accident. Defendant, the driver, claims he was so drunk he was unable to see the other car involved in the accident. ",
"Defendant is charged with assault with intent to kill Watts as a result of his wounding Watts by shooting him. D... |
1 | On May 1, Ohner telegraphed Byer, "Will sell you any or all of the lots in Grover subdivision at $5,000 each. Details will follow in letter." The letter contained all the necessary details concerning terms of payment, insurance, mortgages, etc., and provided, "This offer remains open until June 1." On May 2, after he h... | B | [
"only $5,000 for each of the 50 lots. ",
"only $5,000 for lot 101, but $6,000 for the remaining 49 lots. ",
"$6,000 for each of the 50 lots. ",
"$6,000 for lot 101, but only $5,000 for the remaining 49 lots"
] |
3 | On May 1, Ohner telegraphed Byer, "Will sell you any or all of the lots in Grover subdivision at $5,000 each. Details will follow in letter." The letter contained all the necessary details concerning terms of payment, insurance, mortgages, etc., and provided, "This offer remains open until June 1." On May 2, after he h... | D | [
"succeed, because Ohner had promised him that the offer would remain open until June 1. ",
"succeed, because Ohner's attempted revocation was by telephone. ",
"not succeed, because Byer's power of acceptance was terminated by Ohner's sale of the lots to another party. ",
"not succeed, because Byer's power of ... |
2 | On May 1, Ohner telegraphed Byer, "Will sell you any or all of the lots in Grover subdivision at $5,000 each. Details will follow in letter." The letter contained all the necessary details concerning terms of payment, insurance, mortgages, etc., and provided, "This offer remains open until June 1." On May 2, after he h... | C | [
"Impossibility of performance.",
"Unilateral mistake as to basic assumption.",
"Termination of the offer by Byer's having first contracted to buy lot 101.",
"Excuse by failure of an implied condition precedent."
] |
3 | Philip was a 10-year-old boy. Macco was a company that sold new and used machinery. Macco stored discarded machinery, pending sale for scrap, on a large vacant area it owned. This area was unfenced and was one-quarter mile from the housing development where Philip lived. Macco knew that children frequently played in th... | D | [
"Whether the press on which Philip was injured was visible from a public way.",
"Whether the maintenance of the area for the storage of discarded machinery was a private nuisance.",
"Whether the maintenance of the area for the storage of discarded machinery was a public nuisance.",
"Whether Macco could have e... |
1 | Si was in the act of siphoning gasoline from Neighbor's car in Neighbor's garage and without his consent when the gasoline exploded and a fire followed. Rescuer, seeing the fire, grabbed a fire extinguisher from his car and put out the fire, saving Si's life and Neighbor's car and garage. In doing so, Rescuer was badly... | B | [
"prevail, because he saved Si's life. ",
"prevail, because Si was at fault in causing the fire. ",
"not prevail, because Rescuer knowingly assumed the risk. ",
"not prevail, because Rescuer's action was not a foreseeable consequence of Si's conduct"
] |
2 | Si was in the act of siphoning gasoline from Neighbor's car in Neighbor's garage and without his consent when the gasoline exploded and a fire followed. Rescuer, seeing the fire, grabbed a fire extinguisher from his car and put out the fire, saving Si's life and Neighbor's car and garage. In doing so, Rescuer was badly... | C | [
"prevail, because he saved Neighbor's property. ",
"prevail, because he acted reasonably in an emergency. ",
"not prevail, because Neighbor was not at fault. ",
"not prevail, because Rescuer knowingly assumed the risk"
] |
2 | Defendant was tried for robbery. Victim and Worth were the only witnesses called to testify. Victim testified that Defendant threatened her with a knife, grabbed her purse, and ran off with it. Worth testified that he saw Defendant grab Victim's purse and run away with it but that he neither saw a knife nor heard any t... | C | [
"robbery only.",
"larceny only.",
"either robbery or larceny.",
"both robbery and larcen"
] |
3 | Congressional legislation authorizing marriages and divorces as a matter of federal law on prescribed terms and conditions could most easily be upheld if it
A) applied only to marriages and divorces in which at least one of the parties was a member of the armed forces.
B) applied only to marriages performed by federal ... | D | [
"applied only to marriages and divorces in which at least one of the parties was a member of the armed forces.",
"applied only to marriages performed by federal judges and to divorces granted by federal courts.",
"implemented an executive agreement seeking to define basic human rights.",
"applied only to marr... |
1 | Assume for the purposes of these questions that you are counsel to the state legislative committee that is responsible for real estate laws in your state.. The committee wants you to draft a statute governing the recording of deeds that fixes priorities of title, as reflected on the public record, as definitely as poss... | B | [
"Eliminate the requirement of witnesses to deeds.",
"Make time of recording the controlling factor.",
"Make irrebuttable the declarations in the deeds that valuable consideration was paid.",
"Make the protection of bona fide purchasers the controlling factor"
] |
2 | Assume for the purposes of these questions that you are counsel to the state legislative committee that is responsible for real estate laws in your state.The committee wants you to draft legislation to make all restrictions on land use imposed by deeds (now or hereafter recorded) unenforceable in the future so that pub... | C | [
"Compensation for property rights taken by public authority.",
"Impairment of contract.",
"Sovereign immunity.",
"Police power."
] |
3 | Price sued Derrick for injuries Price received in an automobile accident. Price claims that Derrick was negligent in (a) exceeding the posted speed limit of 35 m.p.h., (b) failing to keep a lookout, and (c) crossing the center lineBystander, Price's eyewitness, testified on crossexamination that Derrick was wearing a g... | D | [
"admissible as substantive evidence of a material fact.",
"admissible as bearing on Bystander's truthfulness and veracity.",
"inadmissible, because it has no bearing on the capacity of Bystander to observe. ",
"inadmissible, because it is extrinsic evidence of a collateral matte"
] |
1 | Price sued Derrick for injuries Price received in an automobile accident. Price claims that Derrick was negligent in (a) exceeding the posted speed limit of 35 m.p.h., (b) failing to keep a lookout, and (c) crossing the center lineDerrick testified on his own behalf that he was going 30 m.p.h. On cross-examination, Pri... | B | [
"admissible as a prior inconsistent statement.",
"admissible as an admission.",
"inadmissible, because it lacks a foundation. ",
"inadmissible, because it is hearsay, not within any exception"
] |
1 | Congress provides by statute that any state that fails to prohibit automobile speeds of over 55 miles per hour on highways within the state shall be denied all federal highway construction funding. The state of Atlantic, one of the richest and most highway-oriented states in the country, refuses to enact such a statute... | B | [
"A taxpayer of the United States and the state of Atlantic who wants his state to get its fair share of federal tax monies for highways, and who fears that, if it does not, his state taxes will be increased to pay for the highway construction in the state of Atlantic that federal funds would have financed. ",
"Co... |
2 | Congress provides by statute that any state that fails to prohibit automobile speeds of over 55 miles per hour on highways within the state shall be denied all federal highway construction funding. The state of Atlantic, one of the richest and most highway-oriented states in the country, refuses to enact such a statute... | C | [
"the states ceded their authority over highways to the national government when the states accepted federal grants to help finance their highways.",
"the federal government can regulate the use of state highways without limitation because the federal government paid for some of their construction costs.",
"Cong... |
3 | Congress provides by statute that any state that fails to prohibit automobile speeds of over 55 miles per hour on highways within the state shall be denied all federal highway construction funding. The state of Atlantic, one of the richest and most highway-oriented states in the country, refuses to enact such a statute... | D | [
"unconstitutional.",
"constitutional only on the basis of the spending power.",
"constitutional only on the basis of the commerce power.",
"constitutional on the basis of both the spending power and the commerce power"
] |
1 | Defendant visited a fellow college student, James, in James's dormitory room. They drank some beer. James produced a box containing marijuana cigarettes and asked if Defendant wanted one. Defendant, afraid of being caught, declined and urged James to get rid of the marijuana. James refused. Shortly thereafter, both wen... | B | [
"burglary only.",
"larceny only.",
"both burglary and larceny.",
"neither burglary nor larceny."
] |
2 | Henry hated Wanda, his former wife, for divorcing him and marrying John a short time thereafter. About a month after Wanda married John, Henry secretly entered Wanda and John's rented apartment during their absence by using a master key. Henry placed a microphone behind the nightstand in the bedroom of the apartment, d... | C | [
"relieve Henry of liability, because John was careless in so doing. ",
"relieve Henry of liability, because John's conduct was the immediate cause of Wanda's harm. ",
"not relieve Henry of liability, because Henry's goal was achieved. ",
"not relieve Henry of liability, because the conduct of a third person i... |
0 | Trease owned Hilltop in fee simple. By his will, he devised as follows: "Hilltop to such of my grandchildren who shall reach the age of 21; and by 55 this provision I intend to include all grandchildren whenever born." At the time of his death, Trease had three children and two grandchildren. Courts hold such a devise ... | A | [
"All of Trease's children would be measuring lives.",
"The rule of convenience closes the class of beneficiaries when any grandchild reaches the age of 21.",
"There is a presumption that Trease intended to include only those grandchildren born prior to his death.",
"There is a subsidiary rule of construction ... |
2 | Trease owned Hilltop in fee simple. By his will, he devised as follows: "Hilltop to such of my grandchildren who shall reach the age of 21; and by 55 this provision I intend to include all grandchildren whenever born." At the time of his death, Trease had three children and two grandchildrenWhich of the following addit... | C | [
"A posthumous child was born to Trease.",
"Trease's will expressed the intention to include all afterborn grandchildren in the gift.",
"The instrument was an inter vivos conveyance rather than a will.",
"Trease had no grandchildren living at the time of his death"
] |
3 | Victim, injured by Driver in an auto accident, employed attorney First to represent him in the matter. Victim was chronically insolvent and expressed doubt whether he could promptly get necessary medical treatment. Accordingly, First wrote into their contract his promise to Victim "to pay from any settlement with Drive... | D | [
"is a creditor beneficiary of the employment contract between Victim and First.",
"is a donee beneficiary of the employment contract between Victim and First.",
"provided services essential to the preservation of Victim's health.",
"has a claim based upon an implied-in-fact contract with Victi"
] |
3 | Victim, injured by Driver in an auto accident, employed attorney First to represent him in the matter. Victim was chronically insolvent and expressed doubt whether he could promptly get necessary medical treatment. Accordingly, First wrote into their contract his promise to Victim "to pay from any settlement with Drive... | D | [
"the anti-assignment clause in First's contract with Victim is void as against public policy.",
"First has relied to his detriment on Victim's letter of release.",
"third parties cannot acquire valid claims under an attorney-client contract.",
"Doctor has not materially changed his position in reliance upon F... |
0 | Victim, injured by Driver in an auto accident, employed attorney First to represent him in the matter. Victim was chronically insolvent and expressed doubt whether he could promptly get necessary medical treatment. Accordingly, First wrote into their contract his promise to Victim "to pay from any settlement with Drive... | A | [
"the release was ineffective, because Doctor had impliedly assented to the Victim-First contract. ",
"the release was ineffective, because Victim would thereby be unjustly enriched. 56 ",
"there was no consideration for Victim's release of First.",
"First's contract duties were too personal to be effectively ... |
2 | Victim, injured by Driver in an auto accident, employed attorney First to represent him in the matter. Victim was chronically insolvent and expressed doubt whether he could promptly get necessary medical treatment. Accordingly, First wrote into their contract his promise to Victim "to pay from any settlement with Drive... | C | [
"Second made only a gratuitous promise to First.",
"at the time Second promised to represent Victim, Doctor was only a member of an unidentified class of beneficiaries. ",
"there is insufficient evidence to support a finding that Doctor was either a creditor or donee beneficiary of Second's promise to First.",
... |
2 | Peters sued Davis for $100,000 for injuries received in a traffic accident. Davis charged Peters with contributory negligence and alleged that Peters failed to have his lights on at a time when it was dark enough to require them.Davis calls Bystander to testify that Passenger, who was riding in Peters's automobile and ... | C | [
"admissible as an admission of a party opponent.",
"admissible as a declaration against interest.",
"inadmissible, because it is hearsay not within any exception. ",
"inadmissible, because it is opinion"
] |
0 | Peters sued Davis for $100,000 for injuries received in a traffic accident. Davis charged Peters with contributory negligence and alleged that Peters failed to have his lights on at a time when it was dark enough to require them.Davis offers to have Bystander testify that he was talking to Witness when he heard the cra... | A | [
"admissible as a statement of present sense impression",
"admissible, because Witness is not available to testify. ",
"inadmissible as hearsay, not within any exception. ",
"inadmissible, because of the Dead Man's Statute."
] |
2 | Owner and his employee, Driver, consult Attorney about a motor vehicle collision resulting in a suit by Litigant against Owner and Driver as joint defendants. Attorney calls Irving, his investigator, into the conference to make notes of what is said, and those present discuss the facts of the collision and Owner's insu... | C | [
"admissible, because of the presence of persons in the conference other than Attorney and Owner. ",
"admissible, because Driver is an adverse party in the lawsuit. ",
"inadmissible, because of the attorney-client privilege. ",
"inadmissible, because the best evidence is Irving's notes of the conference"
] |
0 | Owner and his employee, Driver, consult Attorney about a motor vehicle collision resulting in a suit by Litigant against Owner and Driver as joint defendants. Attorney calls Irving, his investigator, into the conference to make notes of what is said, and those present discuss the facts of the collision and Owner's insu... | A | [
"admissible, because the attorney-client privilege does not apply, in suits between those conferring with him, to joint consultations with an attorney. ",
"admissible, because the attorney-client privilege does not apply to testimony by one who does not stand in a confidential relationship with the person against... |
1 | Dave is a six-year-old boy who has a well-deserved reputation for bullying younger and smaller children. His parents have encouraged him to be aggressive and tough. Dave, for no reason, knocked down, kicked, and severely injured Pete, a four-year-old boy. A claim for relief has been asserted by Pete's parents for their... | B | [
"liable, because parents are strictly liable for the torts of their children. ",
"liable, because Dave's parents encouraged him to be aggressive and tough. ",
"not liable, because a six-year-old cannot commit a tort. ",
"not liable, because parents cannot be held liable for the tort of a child"
] |
0 | Dave is a six-year-old boy who has a well-deserved reputation for bullying younger and smaller children. His parents have encouraged him to be aggressive and tough. Dave, for no reason, knocked down, kicked, and severely injured Pete, a four-year-old boy. A claim for relief has been asserted by Pete's parents for their... | A | [
"liable, because he intentionally harmed Pete. ",
"liable, because, as a six-year-old, he should have known that his conduct was wrongful. ",
"not liable, because a child under seven is not liable in tort. ",
"not liable, because he is presumed to be under his parents' control and they have the sole responsib... |
3 | On March 1, Green and Brown orally agreed that Brown would erect a boathouse on Green's lot and would dig a channel from the boathouse across Clark's lot to a lake. Clark had already orally agreed with Green to permit the digging of the channel across Clark's lot. Brown agreed to begin work on the boathouse on March 15... | D | [
"I only",
"II only",
"Both I and II",
"Neither I nor II"
] |
1 | On March 1, Green and Brown orally agreed that Brown would erect a boathouse on Green's lot and would dig a channel from the boathouse across Clark's lot to a lake. Clark had already orally agreed with Green to permit the digging of the channel across Clark's lot. Brown agreed to begin work on the boathouse on March 15... | B | [
"I only",
"II only",
"Both I and II",
"Neither I nor I"
] |
0 | On March 1, Green and Brown orally agreed that Brown would erect a boathouse on Green's lot and would dig a channel from the boathouse across Clark's lot to a lake. Clark had already orally agreed with Green to permit the digging of the channel across Clark's lot. Brown agreed to begin work on the boathouse on March 15... | A | [
"I only",
"II only",
"Both I and II",
"Neither I nor I"
] |
1 | Customer, aged 20, went into Store at approximately 6:45 p.m. to look at some suits that were on sale. The clerks were busy, and one of them told Customer that he should wait on himself. Customer selected three suits from a rack and went into the dressing room to try them on. Signs posted on the walls of Store stated t... | B | [
"he suffered severe bodily harm.",
"the spray mist was an offensive or harmful contact.",
"he suffered severe emotional distress.",
"his conduct was not a factual cause of the chemical's being sprayed on him"
] |
0 | Dock was the unsuccessful suitor of Mary, who recently announced her engagement to Paul. Angered by her engagement, Dock sent Mary the following letter: "I hope you know what you are doing. The man you think you love wears women's clothes when at home. A Friend." The receipt of this letter caused Mary great emotional d... | A | [
"a defense by itself.",
"a defense only if Dock was not actuated by malice.",
"a defense only if Dock reasonably believed it to be true.",
"no defense by itself"
] |
2 | Pemberton and three passengers, Able, Baker, and Charley, were injured when their car was struck by a truck owned by Mammoth Corporation and driven by Edwards. Helper, also a Mammoth employee, was riding in the truck. The issues in Pemberton v Mammoth include the negligence of Edwards in driving too fast and failing to... | C | [
"admissible as an admission of a party.",
"admissible as res gestae.",
"inadmissible for public policy reasons.",
"inadmissible, because it would lead to the drawing of an inference on an inference"
] |
0 | Pemberton and three passengers, Able, Baker, and Charley, were injured when their car was struck by a truck owned by Mammoth Corporation and driven by Edwards. Helper, also a Mammoth employee, was riding in the truck. The issues in Pemberton v Mammoth include the negligence of Edwards in driving too fast and failing to... | A | [
"Pemberton first proves that Helper was an agent of Mammoth and that the statement concerned a matter within the scope of his agency.",
"Pemberton produces independent evidence that Edwards was not wearing corrective lenses at the time of the accident.",
"Helper is shown to be beyond the process of the court an... |
0 | Pemberton and three passengers, Able, Baker, and Charley, were injured when their car was struck by a truck owned by Mammoth Corporation and driven by Edwards. Helper, also a Mammoth employee, was riding in the truck. The issues in Pemberton v Mammoth include the negligence of Edwards in driving too fast and failing to... | A | [
"admissible as an admission of a party.",
"admissible, because it is a statement made to a police officer in the course of an official investigation. ",
"inadmissible, because it is a mixed conclusion of law and fact. ",
"inadmissible, because it is hearsay, not within any exception"
] |
1 | The city of Newtown adopted an ordinance providing that street demonstrations involving more than 15 persons may not be held in commercial areas during "rush" hours. "Exceptions" may be made to the prohibition "upon 24-hour advance application to an approval by the police department." The ordinance also imposes sanctio... | B | [
"No type of prior restraint may be imposed on speech in public places.",
"Laws regulating, by their terms, expressive conduct or speech may not be overbroad or unduly vague. ",
"The determination as to whether public gatherings may be lawfully held cannot be vested in the police.",
"The right of association i... |
3 | While Defendant was in jail on a procuring charge, his landlord called the police because rent had not been paid and because he detected a disagreeable odor coming from Defendant's apartment into the hallways. The police officer who responded to the call knew that Defendant was in jail. He recognized the stench coming ... | D | [
"a waiver of Defendant's Fourth Amendment rights, because a landlord has implied consent to enter a tenant's apartment. ",
"a waiver of Defendant's Fourth Amendment rights, because the lease gave the landlord express authority to enter the premises. ",
"not a waiver of Defendant's Fourth Amendment rights, becau... |
1 | While Defendant was in jail on a procuring charge, his landlord called the police because rent had not been paid and because he detected a disagreeable odor coming from Defendant's apartment into the hallways. The police officer who responded to the call knew that Defendant was in jail. He recognized the stench coming ... | B | [
"standing, because the items seized in the search were incriminating in nature. ",
"standing, because he still has a sufficient interest in the apartment even while in jail. ",
"no standing, because his landlord authorized the search. ",
"no standing, because he was out of the apartment when the search occurr... |
2 | Seller and Buyer execute an agreement for the sale of real property on September 1, 1971. The jurisdiction in which the property is located recognizes the principle of equitable conversion and has no statute pertinent to this problem."Assume for this question only that Seller dies before closing and his will leaves his... | C | [
"Death, an eventuality for which the parties could have provided, terminates the agreement if they did not so provide. ",
"Rose is entitled to the proceeds of the sale when it closes, because the doctrine of equitable conversion does not apply to these circumstances. ",
"Perry is entitled to the proceeds of the... |
0 | Seller and Buyer execute an agreement for the sale of real property on September 1, 1971. The jurisdiction in which the property is located recognizes the principle of equitable conversion and has no statute pertinent to this problem."Assume for this question only that Buyer dies before closing, there being no breach o... | A | [
"Buyer's heir may specifically enforce the agreement.",
"Seller has the right to return the down payment and cancel the contract.",
"Death terminates the agreement.",
"Any title acquired would be unmarketable by reason of Buyer's death."
] |
1 | Farquart had made a legally binding promise to furnish his son Junior and the latter's fiancée a house on their wedding day, planned for June 10, 1972. Pursuant to that promise, Farquart telephoned his old contractor-friend Sawtooth on May 1, 1971, and made the following oral agreement each making full and accurate ... | B | [
"Restitution of the three monthly installments paid in August, September, and October. ",
"What it would cost to get the house completed by another contractor, minus installments not yet paid to Sawtooth. ",
"The difference between the market value of the partly built house, as of the time of Sawtooth's breach,... |
2 | Farquart had made a legally binding promise to furnish his son Junior and the latter's fiancée a house on their wedding day, planned for June 10, 1972. Pursuant to that promise, Farquart telephoned his old contractor-friend Sawtooth on May 1, 1971, and made the following oral agreement each making full and accurate ... | C | [
"Junior and his bride, married on June 10, 1972, had to pay storage charges on their wedding gifts and new furniture until the house was completed. ",
"Junior's fiancée jilted Junior on June 10, 1972, and ran off with another man who had a new house. ",
"Farquart was put to additional expense in providing Juni... |
1 | Farquart had made a legally binding promise to furnish his son Junior and the latter's fiancée a house on their wedding day, planned for June 10, 1972. Pursuant to that promise, Farquart telephoned his old contractor-friend Sawtooth on May 1, 1971, and made the following oral agreement each making full and accurate ... | B | [
"Estoppel-type waiver as to both I and II.",
"Waiver of delay in payment as to I and revocable waiver as to II.",
"Mutual rescission of the contract by I combined with II.",
"Discharge of Farquart's duty to make the four payments as to I and estoppel-type waiver as to II"
] |
0 | Construction Company contracted to build a laundry for Wash Company on the latter's vacant lot in a residential area. As a part of its work, Construction Company dug a trench from the partially completed laundry to the edge of a public sidewalk; water pipes were to be installed in the trench. Because of the contour of ... | A | [
"recover, because Construction Company left the open trench unprotected. ",
"recover, because construction companies are strictly liable for inherently dangerous conditions. ",
"not recover, because Tommy was a trespasser. ",
"not recover, because Tommy's death was a result of the collapse of the trench, an i... |
2 | Doctor, a licensed physician, resided in her own home. The street in front of the home had a gradual slope. Doctor's garage was on the street level, with a driveway entrance from the street. At two in the morning, Doctor received an emergency call. She dressed and went to the garage to get her car and found a car parke... | C | [
"recover, because Doctor was negligent as a matter of law ",
"recover, because Doctor had no right to move the car. ",
"not recover, because his brakes were defective. ",
"not recover, because he was in a drunken stupor when injured"
] |
3 | In a contract suit between Terrell and Ward, Ward testifies that he recalls having his first conversation with Terrell on January 3. When asked how he remembers the date, he answers, "In the conversation, Terrell referred to a story in that day's newspaper announcing my daughter's engagement." Terrell's counsel moves t... | D | [
"grant the motion on the ground that the best evidence rule requires production of the newspaper itself.",
"grant the motion, because the reference to the newspaper story does not fit within any established exception to the hearsay rule. ",
"deny the motion on the ground that the court may take judicial notice ... |
2 | Bill and Chuck hated Vic and agreed to start a fight with Vic and, if the opportunity arose, to kill him. Bill and Chuck met Vic in the street outside a bar and began to push him around. Ray, Sam, and Tom, who also hated Vic, stopped to watch. Ray threw Bill a knife. Sam told Bill, "Kill him." Tom, who made no move and... | C | [
"not guilty, because his words did not create a \"clear and present danger\" not already existing. ",
"not guilty, because mere presence and oral encouragement, whether or not he had the requisite intent, do not make him guilty as an accomplice. ",
"guilty, because, with the intent to have Bill kill Vic, he sho... |
0 | Bill and Chuck hated Vic and agreed to start a fight with Vic and, if the opportunity arose, to kill him. Bill and Chuck met Vic in the street outside a bar and began to push him around. Ray, Sam, and Tom, who also hated Vic, stopped to watch. Ray threw Bill a knife. Sam told Bill, "Kill him." Tom, who made no move and... | A | [
"not guilty, because mere presence, coupled with silent approval and intent, is not sufficient. ",
"not guilty, because he did not tell Bill ahead of time that he hoped Bill would murder Vic. ",
"guilty, because he had a duty to stop the killing and made no attempt to do so. ",
"guilty, because he was present... |
1 | Leonard was the high priest of a small cult of Satan worshippers living in New Arcadia. As a part of the practice of their religious beliefs, a cat was required to be sacrificed to the glory of Satan after a live dissection of the animal in which it endured frightful pain. In the course of such a religious sacrifice, ... | B | [
"sustained on the grounds that belief in or worship of Satan does not enjoy constitutional protection.",
"sustained on the grounds that sincere religious belief is not an adequate defense on these facts.",
"overturned on the grounds that the constitutionally guaranteed freedom of religion and its expression was... |
1 | Drew is charged with the murder of Pitt. The prosecutor introduced testimony of a police officer that Pitt told a priest, administering the last rites, "I was stabbed by Drew. Since I am dying, tell him I forgive him." Thereafter, Drew's attorney offers the testimony of Wall that the day before, when Pitt believed he w... | B | [
"admissible under an exception to the hearsay rule.",
"admissible to impeach the dead declarant.",
"inadmissible, because it goes to the ultimate issue in the case. ",
"inadmissible, because it is irrelevant to any substantive issue in the case."
] |
1 | An appropriations act passed by Congress over the President's veto directs that one billion dollars "shall be spent" by the federal government for the development of a new military weapons system, which is available only from the Arms Corporation. On the order of the President, the Secretary of Defense refuses to autho... | B | [
"passage of an appropriation over a veto makes the spending mandatory.",
"Congress's power to appropriate funds includes the power to require that the funds be spent as directed.",
"the President's independent constitutional powers do not specifically refer to spending.",
"the President's power to withhold su... |
0 | Ohner holds title in fee simple to a tract of 1,500 acres. He wishes to develop the entire tract as a golf course, country club, and residential subdivision. He contemplates forming a corporation to own and operate the golf course and country club; the stock in the corporation will be distributed to the owners of lots ... | A | [
"Covenant.",
"Easement.",
"Mortgage.",
"Personal contractual obligation by each purchaser"
] |
3 | Ohner holds title in fee simple to a tract of 1,500 acres. He wishes to develop the entire tract as a golf course, country club, and residential subdivision. He contemplates forming a corporation to own and operate the golf course and country club; the stock in the corporation will be distributed to the owners of lots ... | D | [
"any judicial recognition will be construed as state action which, under current doctrines, raises a substantial question as to whether such action would be in conflict with the Fourteenth Amendment. ",
"the scheme, if effective, renders title unmarketable. ",
"one or more of the essential aspects outlined by O... |
3 | Rogers gave Mitchell a power of attorney containing the following provision: My attorney, Mitchell, is specifically authorized to sell and convey any part or all of my real property. Mitchell conveyed part of Rogers's land to Stone by deed in the customary form containing covenants of title. Stone sues Rogers for breac... | D | [
"deeds without covenants are effective to convey realty.",
"the jurisdiction views the covenants as personal or running with the land.",
"Stone is a bona fide purchaser.",
"the power to \"sell and convey\" is construed to include the power to execute the usual form of deed used to convey realty"
] |
1 | Auto Company, a corporation, was a small dealer in big new cars and operated a service department. Peter wanted to ask Mike, the service manager, whether Auto Company would check the muffler on his small foreign car. Peter parked on the street near the service department with the intention of entering that part of the ... | B | [
"recover, because Auto Company is strictly liable under the circumstance. ",
"recover, because an employee of Auto Company was negligent. ",
"not recover, because Peter was a licensee. ",
"not recover, because Peter assumed the risk. "
] |
0 | In a trial between Jones and Smith, an issue arose about Smith's ownership of a horse that had caused damage to Jones's crops.Jones offered to testify that he looked up Smith's telephone number in the directory, that he called that number, and that a voice answered, "This is Smith speaking." At this, Jones asked, "Was ... | A | [
"admissible, because the answering speaker's identification of himself, together with the usual accuracy of the telephone directory and transmission system, furnishes sufficient authentication. ",
"admissible, because judicial notice may be taken of the accuracy of telephone directories. ",
"inadmissible unless... |
0 | In a trial between Jones and Smith, an issue arose about Smith's ownership of a horse that had caused damage to Jones's crops.Jones seeks to introduce into evidence a photograph of his cornfield in order to depict the nature and extent of the damage done. The judge should rule the photograph
A) admissible if Jones test... | A | [
"admissible if Jones testifies that it fairly and accurately portrays the condition of the cornfield after the damage was done.",
"admissible if Jones testifies that the photograph was taken within a week after the alleged occurrence.",
"inadmissible if Jones fails to call the photographer to testify concerning... |
2 | Defendant, an avid fan of his hometown football team, shot at the leg of a star player for a rival team, intending to injure his leg enough to hospitalize him for a few weeks, but not to kill him. The victim died of loss of blood. Select from the choices (A D) the most serious offense of which the defendant could be ... | C | [
"Involuntary manslaughter",
"Voluntary manslaughter",
"Murder",
"None of the abov"
] |
3 | Defendant, a worker in a metalworking shop, had long been teasing Vincent, a young colleague, by calling him insulting names and ridiculing him. One day Vincent responded to the teasing by picking up a metal bar and attacking Defendant. Defendant could have escaped from the shop. He parried the blow with his left arm, ... | D | [
"Involuntary manslaughter",
"Voluntary manslaughter",
"Murder",
"None of the abov"
] |
2 | Patty sued Mart Department Store for personal injuries, alleging that while shopping she was knocked to the floor by a merchandise cart being pushed by Handy, a stock clerk, and that as a consequence her back was injured. Handy testified that Patty fell near the cart but was not struck by it. Thirty minutes after Patty... | C | [
"admissible as res gestae.",
"admissible as a business record.",
"inadmissible, because it is hearsay, not within any exception. ",
"inadmissible, because Handy is available as a witnes"
] |
0 | Householder hired Contractor to remodel Householder's kitchen. She had learned of Contractor through a classified advertisement he placed in the local newspaper. During the telephone conversation in which she hired him, Contractor stated that he was experienced and qualified to do all necessary work. Because of Contrac... | A | [
"recover, because the dishwasher was defectively made. ",
"recover, because Elex Company is vicariously liable for the improper installation. ",
"not recover, because he assumed the risk by inspecting the machine. ",
"not recover, because he was not the purchaser"
] |
3 | The State of Missoula has enacted a new election code designed to increase voter responsibility in the exercise of the franchise and to enlarge citizen participation in the electoral process. None of its provisions conflicts with federal statutes.Which of the following is the strongest reason for finding unconstitution... | D | [
"The requirement violates Article I, Section 2 of the Constitution, which provides that representatives to Congress be chosen \"by the People of the several States.\" ",
"The requirement violates Article I, Section 4 of the Constitution, which gives Congress the power to \"make or alter\" state regulations provid... |
2 | The State of Missoula has enacted a new election code designed to increase voter responsibility in the exercise of the franchise and to enlarge citizen participation in the electoral process. None of its provisions conflicts with federal statutes.The Missoula election code provides that in a special-purpose election fo... | C | [
"applies only to elections of individuals to statewide public office.",
"does not apply where property rights are involved.",
"does not apply, because the actions of such a district principally affect landowners. ",
"does not apply, because of rights reserved to the states by the Tenth Amendment"
] |
2 | Testator devised his farm "to my son, Selden, for life, then to Selden's children and their heirs and assigns." Selden, a widower, had two unmarried adult children In appropriate action to construe the will, the court will determine that the remainder to children is
A) indefeasibly vested.
B) contingent.
C) vested sub... | C | [
"indefeasibly vested.",
"contingent.",
"vested subject to partial defeasance.",
"vested subject to complete defeasance"
] |
2 | Alpha and Beta made a written contract pursuant to which Alpha promised to convey a specified apartment house to Beta in return for Beta's promise (1) to convey a 100-acre farm to Alpha and (2) to pay Alpha $1,000 in cash six months after the exchange of the apartment house and the farm. The contract contained the foll... | C | [
"Alpha's tendering of good title to the apartment house is a condition precedent to Beta's duty to convey good title to the farm.",
"Beta's tendering of good title to the farm is a condition precedent to Alpha's duty to convey good title to the apartment house.",
"Beta's tendering of good title to the farm is a... |
0 | Alpha and Beta made a written contract pursuant to which Alpha promised to convey a specified apartment house to Beta in return for Beta's promise (1) to convey a 100-acre farm to Alpha and (2) to pay Alpha $1,000 in cash six months after the exchange of the apartment house and the farm. The contract contained the foll... | A | [
"a condition subsequent in form but precedent in substance to Beta's duty to pay the $1,000. ",
"a condition precedent in form but subsequent in substance to Beta's duty to pay the $1,000. ",
"a condition subsequent to Beta's duty to pay the $1,000. 67 ",
"not a condition, either precedent or subsequent, to B... |
1 | Johnson took a diamond ring to a pawnshop and borrowed $20 on it. It was agreed that the loan was to be repaid within 60 days and if it was not, the pawnshop owner, Defendant, could sell the ring. A week before expiration of the 60 days, Defendant had an opportunity to sell the ring to a customer for $125. He did so, t... | B | [
"Larceny.",
"Embezzlement.",
"Larceny by trick.",
"Obtaining by false pretenses"
] |
1 | Johnson took a diamond ring to a pawnshop and borrowed $20 on it. It was agreed that the loan was to be repaid within 60 days and if it was not, the pawnshop owner, Defendant, could sell the ring. A week before expiration of the 60 days, Defendant had an opportunity to sell the ring to a customer for $125. He did so, t... | B | [
"larceny.",
"embezzlement.",
"false pretenses.",
"none of the above"
] |
1 | Brown contended that Green owed him $6,000. Green denied that he owed Brown anything. Tired of the dispute, Green eventually signed a promissory note by which he promised to pay Brown $5,000 in settlement of their dispute. In an action by Brown against Green on the promissory note, which of the following, if true, woul... | B | [
"Although Brown honestly believed that $6,000 was owed by Green, Green knew that it was not owed. ",
"Although Brown knew that the debt was not owed, Green honestly was in doubt as to whether it was owed. ",
"The original claim was based on an oral agreement, which the Statute of Frauds required to be in writin... |
3 | Mrs. Ritter, a widow, recently purchased a new uncrated electric range for her kitchen from Local Retailer. The range has a wide oven with a large oven door. The crate in which Stove Company, the manufacturer, shipped the range to Local Retailer carried a label with a warning that the stove would tip over with a weight... | D | [
"the defendant negligently designed the stove.",
"stoves made by other manufacturers do not turn over with a 25-pound weight on the oven door. 68",
"the defendant failed to warn the Ritters that the stove would turn over easily.",
"the stove was defective and unreasonably dangerous to her"
] |
1 | Mrs. Ritter, a widow, recently purchased a new uncrated electric range for her kitchen from Local Retailer. The range has a wide oven with a large oven door. The crate in which Stove Company, the manufacturer, shipped the range to Local Retailer carried a label with a warning that the stove would tip over with a weight... | B | [
"Local Retailer did not inform Mrs. Ritter of the warning on the crate.",
"the stove was substantially in the same condition at the time it tipped over as when it was purchased from Local Retailer.",
"Local Retailer made some change in the stove design or improperly assembled it so that it tipped over more easi... |
1 | The State of Yuma provides by statute, "No person may be awarded any state construction contract without agreeing to employ only citizens of the state and of the United States in performance of the contract."In evaluating the constitutionality of this state statute under the supremacy clause, which of the following wou... | B | [
"The general unemployment rate in the nation.",
"The treaties and immigration laws of the United States.",
"The need of the state for this particular statute.",
"The number of aliens currently residing in Yuma"
] |
0 | The State of Yuma provides by statute, "No person may be awarded any state construction contract without agreeing to employ only citizens of the state and of the United States in performance of the contract."If the Yuma statute is attacked as violating the commerce clause, which of the following defenses is the WEAKEST... | A | [
"The statute will help protect the workers of the State of Yuma from competition by foreign workers.",
"The statute will help assure that workers with jobs directly affecting the performance of public contracts are dedicated to their jobs",
"The statute will help assure a continuously available and stable workf... |
3 | The State of Yuma provides by statute, "No person may be awarded any state construction contract without agreeing to employ only citizens of the state and of the United States in performance of the contract."Suppose the state supreme court declares the statute to be unconstitutional on the grounds that it violates the ... | D | [
"The United States Supreme Court may properly review that decision by certiorari only.",
"The United States Supreme Court may properly review the decision by appeal only.",
"The United States Supreme Court may properly review that decision by appeal or certiorari.",
"The United States Supreme Court may not pr... |
2 | Allen and Barker are equal tenants in common of a strip of land 10 feet wide and 100 feet deep which lies between the lots on which their respective homes are situated. Both Allen and Barker need the use of the 10-foot strip as a driveway, and each fears that a new neighbor might seek partition and leave him with an un... | C | [
"a covenant against partition.",
"an indenture granting cross easements in the undivided half interest of each.",
"partition into two separate five-foot-wide strips and an indenture granting cross easements.",
"a trust to hold the strip in perpetuity"
] |
3 | Mrs. Dennis's 12-year-old daughter, Gala, had some difficulty getting along with other children in the neighborhood, especially with the younger ones. Thinking the experience would be good for her, Mrs. Dennis recommended Gala to Mr. Parrent as a babysitter for his five-year-old boy, Robby, but did not mention Gala's d... | D | [
"parents are vicariously liable for the intentional torts of their children.",
"she has a nondelegable duty to control the actions of her child.",
"respondeat superior applies.",
"she was negligent"
] |
0 | Professor James said to Mary Digit, president of the X-L Secretarial Service, "Since you folks have done good typing work for me in the past, I promise to bring you the manuscript for my new book." "When?" asked Mary Digit. "First chapter next Monday," replied James. "Wouldn't that be nice," said Mary Digit. The follow... | A | [
"\"When\" and \"Wouldn't that be nice\" implied a promise to type the manuscript. ",
"James relied on Mary Digit's statement by bringing the manuscript to X-L.",
"X-L had done good work for James in the past.",
"James had forgone the services of another secretarial service"
] |
1 | In 1967 Owen held Blackacre, a tract of land, in fee simple absolute. In that year he executed and delivered to Price a quitclaim deed which purported to release and quitclaim to Price all of the right, title, and interest of Owen in Blackacre. Price accepted the quitclaim and placed the deed in his safe deposit box. O... | B | [
"Price cannot succeed, because the quitclaim through which he claims prevents him from being bona fide (in good faith). ",
"The outcome will turn on the view taken as to whether Crider paid value within the meaning of the statute requiring this element.",
"The outcome will turn on whether Price paid value (a fa... |
3 | Hank owned a secondhand goods store. He often placed merchandise on the sidewalk, sometimes for short intervals, sometimes from 7 a.m. until 6 p.m. Pedestrians from time to time stopped and gathered to look at the merchandise. Fred had moved into an apartment which was 70 situated immediately above Hank's store; a stre... | D | [
"Fred consented to the obstruction by continuing to rent his apartment.",
"the violation of the ordinance was not unreasonable.",
"remedy of abatement by self-help was adequate.",
"there was no claim for special damage"
] |
0 | By way of a gift, Pat executed a deed naming his daughter, Marian, as grantee. The deed contained descriptions as follows: (1) All of my land and dwelling known as 44 Main Street, Midtown, United States, being one acre (2) All that part of my farm, being a square with 200-foot sides, the southeast corner of which is in... | A | [
"sufficient, because the discrepancy in area is not fatal. ",
"not sufficient, because it contained no metes and bounds. ",
"not sufficient, because the acreage given was not correct. ",
"not sufficient, because a deed purporting to convey more than a grantor owns is void ab initio."
] |
3 | By way of a gift, Pat executed a deed naming his daughter, Marian, as grantee. The deed contained descriptions as follows: (1) All of my land and dwelling known as 44 Main Street, Midtown, United States, being one acre (2) All that part of my farm, being a square with 200-foot sides, the southeast corner of which is in... | D | [
"is sufficient if consideration has been paid.",
"is sufficient because no ambiguity therein appears on the face of the deed.",
"could be enforced if the deed contained a covenant of seisin.",
"is insufficient because of vagueness"
] |
0 | Dann, who was charged with the crime of assaulting Smith, admitted striking Smith but claimed to have acted in self-defense when he was attacked by Smith, who was drunk and belligerent after a football game."Dann offered the testimony of Employer, who would say that he had known and employed Dann for 12 years and knew ... | A | [
"admissible, because it is relevant to show the improbability of Dann's having committed an unprovoked assault. ",
"admissible, because it is relevant to a determination of the extent of punishment if Dann is convicted. ",
"inadmissible, because whether Dann is normally a person of good character is irrelevant ... |
1 | Dann, who was charged with the crime of assaulting Smith, admitted striking Smith but claimed to have acted in self-defense when he was attacked by Smith, who was drunk and belligerent after a football game.On cross-examination of Employer, the state's attorney asked Employer if he had heard that Dann often engaged in ... | B | [
"not objectionable, because evidence of Dann's previous fights and brawls may be used to prove his guilt. ",
"not objectionable, because it testsEmployer's knowledge of Dann's reputation. ",
"objectionable, because it seeks to put into evidence separate, unrelated offenses. ",
"objectionable, because no speci... |
0 | Dann, who was charged with the crime of assaulting Smith, admitted striking Smith but claimed to have acted in self-defense when he was attacked by Smith, who was drunk and belligerent after a football game.Dann's friend Frank was called to testify that Smith had a reputation among the people with whom he lived and wor... | A | [
"admissible to support Dann's theory of self-defense, touching on whether Dann or Smith was the aggressor. ",
"admissible if Frank testifies further as to specific acts of misconduct on Smith's part of which Frank has personal knowledge.",
"inadmissible on the question of Dann's guilt because Dann, not Smith, i... |
1 | As part of a comprehensive federal aid-to-education program, Congress included the following provisions as conditions for state receipt of federal funds: (1) Whenever textbooks are provided to students without charge, they must include no religious instruction and must be made available on the same terms to students in... | B | [
"sustained, because any congressional spending authorization can be challenged by any taxpayer. ",
"sustained, because the challenge to the exercise of congressional spending power is based on a claimed violation of specific constitutional limitations on the exercise of such power. ",
"denied, because there is ... |
3 | As part of a comprehensive federal aid-to-education program, Congress included the following provisions as conditions for state receipt of federal funds: (1) Whenever textbooks are provided to students without charge, they must include no religious instruction and must be made available on the same terms to students in... | D | [
"sustained, because the statute provides that no supplements will be made to teachers who are engaged in any religious instruction. ",
"sustained, because to distinguish between private and public school teachers would violate the religious freedom clause of the First Amendment. ",
"held unconstitutional, becau... |
0 | As part of a comprehensive federal aid-to-education program, Congress included the following provisions as conditions for state receipt of federal funds: (1) Whenever textbooks are provided to students without charge, they must include no religious instruction and must be made available on the same terms to students in... | A | [
"sustained, because aid to one aspect of an institution of higher education not shown to be pervasively sectarian does not necessarily free it to spend its other resources for religious purposes. ",
"sustained, because bricks and mortar do not aid religion in a way forbidden by the establishment clause of the Fir... |
1 | On November 1, the following notice was posted in a privately operated law school: The faculty, seeking to encourage legal research, offers to any student at this school who wins the current National Obscenity Law Competition the additional prize of $500. All competing papers must be submitted to the Dean's office befo... | B | [
"preliminary invitation to deal, analogous to newspaper advertisements for the sale of goods by merchants. ",
"contractual offer, creating a power of acceptance. ",
"preliminary invitation, because no offeree was named therein. ",
"promise to make a conditional, future gift of mone"
] |
2 | On November 1, the following notice was posted in a privately operated law school: The faculty, seeking to encourage legal research, offers to any student at this school who wins the current National Obscenity Law Competition the additional prize of $500. All competing papers must be submitted to the Dean's office befo... | C | [
"Yes, by the faculty's second notice. ",
"No, because it became irrevocable after a reasonable time had elapsed. ",
"No, because of Student's reliance, prior to April 1, on the offer. ",
"No, unless Student became aware of the April 1 posting and removal before submitting the paper"
] |
0 | On November 1, the following notice was posted in a privately operated law school: The faculty, seeking to encourage legal research, offers to any student at this school who wins the current National Obscenity Law Competition the additional prize of $500. All competing papers must be submitted to the Dean's office befo... | A | [
"unilateral contract only.",
"bilateral contract only.",
"unilateral contract or bilateral contract at the offeree's option.",
"unilateral contract which ripened into a bilateral contract, binding on both parties, as soon as Student intensified his effort in response to the offe"
] |
1 | On November 1, the following notice was posted in a privately operated law school: The faculty, seeking to encourage legal research, offers to any student at this school who wins the current National Obscenity Law Competition the additional prize of $500. All competing papers must be submitted to the Dean's office befo... | B | [
"enforceable on principles of promissory estoppel.",
"enforceable by Student's personal representative even if Student had been killed in an accident on April 16.",
"not enforceable on policy grounds because it produced a noncommercial agreement 73 between a student and his teachers, analogous to intramural fam... |
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