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Gyro, an expert in lifting and emplacing equipment atop tall buildings, contracted in a signed writing to lift and emplace certain air-conditioning equipment atop Tower's building. An exculpatory clause in the contract provided that Gyro would not be liable for any physical damage to Tower's building occurring during i... | [
"The exculpatory clause.",
"The liquidated-damage clause.",
"The \"time is of the essence\" clause. ",
"The extra-work clause."
] | 0A | " If Tower refuses to accept Copter's services, which of the following clauses in the GyroTower contract will best support Tower's contention that Gyro's duties under the contract were not delegable without Tower's consent? | Gyro, an expert in lifting and emplacing equipment atop tall buildings, contracted in a signed writing to lift and emplace certain air-conditioning equipment atop Tower's building. An exculpatory clause in the contract provided that Gyro would not be liable for any physical damage to Tower's building occurring during i... | |
Gyro, an expert in lifting and emplacing equipment atop tall buildings, contracted in a signed writing to lift and emplace certain air-conditioning equipment atop Tower's building. An exculpatory clause in the contract provided that Gyro would not be liable for any physical damage to Tower's building occurring during i... | [
"Yes, because Tower did not agree to release Gyro from liability under the Gyro-Tower contract. ",
"Yes, because Tower received no consideration for the substitution of Copter for Gyro. ",
"No, because by accepting the substitution of Copter for Gyro, Tower effected a novation, and Gyro was thereby discharged o... | 0A | Will Tower succeed in an action against Gyro for damages for breach of contract? | Gyro, an expert in lifting and emplacing equipment atop tall buildings, contracted in a signed writing to lift and emplace certain air-conditioning equipment atop Tower's building. An exculpatory clause in the contract provided that Gyro would not be liable for any physical damage to Tower's building occurring during i... | |
Allen owned Greenacre in fee simple of record on January 10. On that day, Maria loaned Allen $50,000 and Allen mortgaged Greenacre to Maria as security for the loan. The mortgage was recorded on January 18. Allen conveyed Greenacre to Barnes for a valuable consideration on January 11. Maria did not know of this, nor di... | [
"Barnes, because he paid valuable consideration without notice before Maria recorded her mortgage. ",
"Barnes, because Maria's delay in recording means that she is estopped from asserting her priority in time. ",
"Maria, because Barnes did not record his deed before her mortgage was recorded. ",
"Maria, becau... | 2C | The court should decide for | Allen owned Greenacre in fee simple of record on January 10. On that day, Maria loaned Allen $50,000 and Allen mortgaged Greenacre to Maria as security for the loan. The mortgage was recorded on January 18. Allen conveyed Greenacre to Barnes for a valuable consideration on January 11. Maria did not know of this, nor di... | |
Park sued Dunlevy for copyright infringement for using in Dunlevy's book some slightly disguised house plans on which Park held the copyright. Park is prepared to testify that he heard Dunlevy's executive assistant for copyright matters say that Dunlevy had obtained an advance copy of the plans from Park's office manag... | [
"admissible as reporting a statement of an employee of a party opponent.",
"admissible as a statement of a co- conspirator.",
"inadmissible, because it is hearsay not within any exception. ",
"inadmissible, because there is no showing that the assistant was authorized to speak for Dunlevy. "
] | 0A | Park's testimony is | Park sued Dunlevy for copyright infringement for using in Dunlevy's book some slightly disguised house plans on which Park held the copyright. Park is prepared to testify that he heard Dunlevy's executive assistant for copyright matters say that Dunlevy had obtained an advance copy of the plans from Park's office manag... | |
Congress enacted a statute providing grants of federal funds for the restoration and preservation of courthouses that were built before 1900 and are still in use. The statute contains an inseverable condition requiring that any courthouse restored with the aid of such a grant must be equipped with ramps and other facil... | [
"Yes, because Congress may impose reasonable conditions related to the public welfare on grants of federal funds to public bodies when the public bodies are free to accept or reject the grants. ",
"Yes, because the rights of handicapped and disabled people are fundamental rights that take precedence, as a constit... | 0A | If the County Board of Red County restores the Red County Courthouse with the aid of a federal restoration and preservation grant, is the board bound to install ramps and other facilities for handicapped people in that building? | Congress enacted a statute providing grants of federal funds for the restoration and preservation of courthouses that were built before 1900 and are still in use. The statute contains an inseverable condition requiring that any courthouse restored with the aid of such a grant must be equipped with ramps and other facil... | |
Arnold decided to destroy an old warehouse that he owned because the taxes on the structure exceeded the income that he could receive from it. He crept into the building in the middle of the night with a can of gasoline and a fuse and set the fuse timer for 30 minutes. He then left the building. The fuse failed to igni... | [
"Yes, because factual impossibility is no defense. ",
"Yes, because a mistake of law even on the advice of an attorney is no defense. ",
"No, because his mistake negated a necessary mental state. ",
"No, because even if his actions had every consequence he intended, they would not have constituted arson. "
] | 3D | Has Arnold committed attempted arson? | Arnold decided to destroy an old warehouse that he owned because the taxes on the structure exceeded the income that he could receive from it. He crept into the building in the middle of the night with a can of gasoline and a fuse and set the fuse timer for 30 minutes. He then left the building. The fuse failed to igni... | |
"Look-alike drugs" is the term used to describe nonprescription drugs that look like narcotic drugs and are sold on the streets as narcotic drugs. After extensive hearings, Congress concluded that the sale of look-alike drugs was widespread in this country and was creating severe health and law enforcement problems. To... | [
"The spending power.",
"The commerce clause.",
"The general welfare clause.",
"The enforcement powers of the Fourteenth Amendment."
] | 1B | Which of the following sources of constitutional authority can most easily be used to justify the authority of Congress to enact this statute? | "Look-alike drugs" is the term used to describe nonprescription drugs that look like narcotic drugs and are sold on the streets as narcotic drugs. After extensive hearings, Congress concluded that the sale of look-alike drugs was widespread in this country and was creating severe health and law enforcement problems. To... | |
Peter and Donald were in the habit of playing practical jokes on each other on their respective birthdays. On Peter's birthday, Donald sent Peter a cake containing an ingredient that he knew had, in the past, made Peter very ill. After Peter had eaten a piece of the cake, he suffered severe stomach pains and had to be ... | [
"prevail, because Donald knew that the cake would be harmful or offensive to Peter. ",
"prevail, only if the ambulance driver was negligent. ",
"not prevail, because Donald could not reasonably be expected to foresee injury to Peter's leg. ",
"not prevail, because the ambulance driver's heart attack was a sup... | 0A | In a suit by Peter against Donald to recover damages for Peter's broken leg, Peter will | Peter and Donald were in the habit of playing practical jokes on each other on their respective birthdays. On Peter's birthday, Donald sent Peter a cake containing an ingredient that he knew had, in the past, made Peter very ill. After Peter had eaten a piece of the cake, he suffered severe stomach pains and had to be ... | |
Decker, charged with armed robbery of a store, denied that he was the person who had robbed the store. In presenting the state's case, the prosecutor seeks to introduce evidence that Decker had robbed two other stores in the past year. This evidence is | [
"admissible, to prove a pertinent trait of Decker's character and Decker's action in conformity therewith. ",
"admissible, to prove Decker's intent and identity. ",
"inadmissible, because character must be proved by reputation or opinion and may not be proved by specific acts. ",
"inadmissible, because its pr... | 3D | This evidence is | Decker, charged with armed robbery of a store, denied that he was the person who had robbed the store. In presenting the state's case, the prosecutor seeks to introduce evidence that Decker had robbed two other stores in the past year. | |
Twenty-five years ago, Seller conveyed Blackacre to Buyer by a warranty deed. Seller at that time also executed and delivered an instrument in the proper form of a deed, purporting to convey Whiteacre to Buyer. Seller thought she had title to Whiteacre but did not; therefore, no title passed by virtue of the Whiteacre ... | [
"Whiteacre but not to the ten-foot strip of Greenacre.",
"the ten-foot strip of Greenacre but not to Whiteacre.",
"both Whiteacre and the ten-foot strip of Greenacre.",
"neither Whiteacre nor the ten-foot strip of Greenacre."
] | 1B | Buyer consulted his lawyer, who properly advised that, in an appropriate action, Buyer would probably obtain title to | Twenty-five years ago, Seller conveyed Blackacre to Buyer by a warranty deed. Seller at that time also executed and delivered an instrument in the proper form of a deed, purporting to convey Whiteacre to Buyer. Seller thought she had title to Whiteacre but did not; therefore, no title passed by virtue of the Whiteacre ... | |
Elda, the aged mother of Alice and Barry, both adults, wished to employ a live-in companion so that she might continue to live in her own home. Elda, however, had only enough income to pay one-half of the companion's $2,000 monthly salary. Learning of their mother's plight, Alice and Barry agreed with each other in a s... | [
"Yes, because by making his first three payments, Barry confirmed his intent to contract. ",
"Yes, because Elda is an intended beneficiary of a contract between Alice and Barry. ",
"No, because a parent cannot sue her child for breach of a promise for support. ",
"No, because Alice and Barry intended their pa... | 1B | Will Elda succeed in an action for $500 brought against Barry after April 30? | Elda, the aged mother of Alice and Barry, both adults, wished to employ a live-in companion so that she might continue to live in her own home. Elda, however, had only enough income to pay one-half of the companion's $2,000 monthly salary. Learning of their mother's plight, Alice and Barry agreed with each other in a s... | |
Elda, the aged mother of Alice and Barry, both adults, wished to employ a live-in companion so that she might continue to live in her own home. Elda, however, had only enough income to pay one-half of the companion's $2,000 monthly salary. Learning of their mother's plight, Alice and Barry agreed with each other in a s... | [
"Yes, because Alice's remedy at law is inadequate. ",
"Yes, because Alice's burden of supporting her mother will be increased if Barry does not contribute his share. ",
"No, because a court will not grant specific performance of a promise to pay money. ",
"No, because Barry's breach of contract has caused no ... | 0A | Will Alice succeed in an action against Barry in which she asks the court to order Barry to continue to make his payments to Elda under the terms of the Alice-Barry contract? | Elda, the aged mother of Alice and Barry, both adults, wished to employ a live-in companion so that she might continue to live in her own home. Elda, however, had only enough income to pay one-half of the companion's $2,000 monthly salary. Learning of their mother's plight, Alice and Barry agreed with each other in a s... | |
Mom owned Blackacre, a two-family apartment house on a small city lot not suitable for partition-in-kind. Upon Mom's death, her will devised Blackacre to "my sons, Joe and John." A week ago, Ken obtained a money judgment against Joe, and properly filed the judgment in the county where Blackacre is located. A statute in... | [
"all of Blackacre.",
"only a one-half interest in Blackacre.",
"all of the proceeds of sale of Blackacre.",
"only the portion of the proceeds of sale due Joe."
] | 3D | After the sale, Ken's judgment will be a lien on | Mom owned Blackacre, a two-family apartment house on a small city lot not suitable for partition-in-kind. Upon Mom's death, her will devised Blackacre to "my sons, Joe and John." A week ago, Ken obtained a money judgment against Joe, and properly filed the judgment in the county where Blackacre is located. A statute in... | |
Dora, who was eight years old, went to the grocery store with her mother. Dora pushed the grocery cart while her mother put items into it. Dora's mother remained near Dora at all times. Peterson, another customer in the store, noticed Dora pushing the cart in a manner that caused Peterson no concern. A short time later... | [
"a store owes no duty to its customers to control the use of its shopping carts.",
"a store owes no duty to its customers to control the conduct of other customers.",
"any negligence of the store was not the proximate cause of Peterson's injury.",
"a supervised child pushing a cart does not pose an unreasonab... | 3D | If Peterson brings an action, based on negligence, against the grocery store, the store's best defense will be that | Dora, who was eight years old, went to the grocery store with her mother. Dora pushed the grocery cart while her mother put items into it. Dora's mother remained near Dora at all times. Peterson, another customer in the store, noticed Dora pushing the cart in a manner that caused Peterson no concern. A short time later... | |
Dora, who was eight years old, went to the grocery store with her mother. Dora pushed the grocery cart while her mother put items into it. Dora's mother remained near Dora at all times. Peterson, another customer in the store, noticed Dora pushing the cart in a manner that caused Peterson no concern. A short time later... | [
"Yes, if Dora was negligent. ",
"Yes, because Dora's mother is responsible for any harm caused by Dora. ",
"Yes, because Dora's mother assumed the risk of her child's actions. ",
"Yes, if Dora's mother did not adequately supervise Dora's actions. "
] | 3D | If Peterson brings an action, based on negligence, against Dora's mother, will Peterson prevail? | Dora, who was eight years old, went to the grocery store with her mother. Dora pushed the grocery cart while her mother put items into it. Dora's mother remained near Dora at all times. Peterson, another customer in the store, noticed Dora pushing the cart in a manner that caused Peterson no concern. A short time later... | |
Dora, who was eight years old, went to the grocery store with her mother. Dora pushed the grocery cart while her mother put items into it. Dora's mother remained near Dora at all times. Peterson, another customer in the store, noticed Dora pushing the cart in a manner that caused Peterson no concern. A short time later... | [
"Dora exercised care commensurate with her age, intelligence, and experience. ",
"Dora is not subject to tort liability.",
"Dora was subject to parental supervision.",
"Peterson assumed the risk that Dora might hit Peterson with the cart."
] | 0A | If Peterson brings an action, based on negligence, against Dora, Dora's best argument in defense would be that | Dora, who was eight years old, went to the grocery store with her mother. Dora pushed the grocery cart while her mother put items into it. Dora's mother remained near Dora at all times. Peterson, another customer in the store, noticed Dora pushing the cart in a manner that caused Peterson no concern. A short time later... | |
Adam entered into a valid written contract to sell Blackacre, a large tract of land, to Betsy. At that time, Blackacre was owned by Adam's father, Fred; Adam had no title to Blackacre and was not the agent of Fred. After the contract was executed and before the scheduled closing date, Fred died intestate, leaving Adam ... | [
"nothing, because Adam had no authority to enter into the contract with Betsy. ",
"nothing, because the doctrine of afteracquired title does not apply to executory contracts. ",
"judgment for specific performance, because Adam acquired title prior to the scheduled closing. ",
"judgment for specific performanc... | 2C | In that action, Betsy should be awarded | Adam entered into a valid written contract to sell Blackacre, a large tract of land, to Betsy. At that time, Blackacre was owned by Adam's father, Fred; Adam had no title to Blackacre and was not the agent of Fred. After the contract was executed and before the scheduled closing date, Fred died intestate, leaving Adam ... | |
Dayton operates a collection agency. He was trying to collect a $400 bill for medical services rendered to Pratt by Doctor. Dayton went to Pratt's house and when Martina, Pratt's mother, answered the door, Dayton told Martina he was there to collect a bill owed by Pratt. Martina told Dayton that because of her illness,... | [
"Yes, if Pratt suffered severe emotional distress as a result of Dayton's conduct. ",
"Yes, unless the bill for medical services was valid and past due. ",
"No, unless Pratt suffered physical harm as a result of Dayton's conduct. ",
"No, if Dayton's conduct created no risk of physical harm to Pratt. "
] | 0A | If Pratt asserts a claim against Dayton, based on infliction of emotional distress, will Pratt prevail? | Dayton operates a collection agency. He was trying to collect a $400 bill for medical services rendered to Pratt by Doctor. Dayton went to Pratt's house and when Martina, Pratt's mother, answered the door, Dayton told Martina he was there to collect a bill owed by Pratt. Martina told Dayton that because of her illness,... | |
Public schools in the state of Green are financed, in large part, by revenue derived from real estate taxes imposed by each school district on the taxable real property located in that district. Public schools also receive other revenue from private gifts, federal grants, student fees, and local sales taxes. For many y... | [
"Because classifications based on wealth are inherently suspect, the state must demonstrate that the statutory formula is necessary to vindicate a compelling state interest. ",
"Because the statutory funding formula burdens the fundamental right to education, the state must demonstrate that the formula is necessa... | 2C | Which of the following best describes the appropriate standard by which the court should review the constitutionality of the state statutory funding formula? | Public schools in the state of Green are financed, in large part, by revenue derived from real estate taxes imposed by each school district on the taxable real property located in that district. Public schools also receive other revenue from private gifts, federal grants, student fees, and local sales taxes. For many y... | |
A car driven by Dan entered land owned by and in the possession of Peter, without Peter's permission. Which, if any, of the following allegations, without additional facts, would provide a sufficient basis for a claim by Peter against Dan? I. Dan intentionally drove his car onto Peter's land. II. Dan negligently drove ... | [
"I only.",
"III only.",
"I, II, or III. ",
"Neither I, nor II, nor III. "
] | 0A | Dan's car damaged Peter's land | A car driven by Dan entered land owned by and in the possession of Peter, without Peter's permission. Which, if any, of the following allegations, without additional facts, would provide a sufficient basis for a claim by Peter against Dan? I. Dan intentionally drove his car onto Peter's land. II. Dan negligently drove ... | |
In which of the following cases is Morrow most likely to be convicted if she is charged with receiving stolen property? | [
"Morrow bought a car from Aster, who operates a used car lot. Before the purchase, Aster told Morrow that the car had been stolen, which was true. Unknown to Morrow, Aster is an undercover police agent who is operating the lot in cooperation with the police in exchange for leniency in connection with criminal charg... | 1B | In which of the following cases is Morrow most likely to be convicted if she is charged with receiving stolen property? | ||
The constitution of State X authorizes a fivemember state reapportionment board to redraw state legislative districts every ten years. In the last state legislative reapportionment, the board, by a unanimous vote, divided the greater Green metropolitan area, composed of Green City and several contiguous townships, into... | [
"In drawing the current district lines, the reapportionment board precisely complied with state constitutional requirements that state legislative districts be compact and follow political subdivision boundaries to the maximum extent feasible. ",
"The reapportionment board was composed of three white members and ... | 0A | If no federal statute is applicable, which of the following facts, if proven, would most strongly support the validity of the action of the state reapportionment board? | The constitution of State X authorizes a fivemember state reapportionment board to redraw state legislative districts every ten years. In the last state legislative reapportionment, the board, by a unanimous vote, divided the greater Green metropolitan area, composed of Green City and several contiguous townships, into... | |
Paulsen Corporation sued Dorr for ten fuel oil deliveries not paid for. Dorr denied that the deliveries were made. At trial, Paulsen calls its office manager, Wicks, to testify that Paulsen employees always record each delivery in duplicate, give one copy to the customer, and place the other copy in Paulsen's files; th... | [
"admissible, because it is based on regularly kept business records. ",
"admissible, because Wicks has first- hand knowledge of the contents of the records. ",
"inadmissible, because the records must be produced in order to prove their contents. ",
"inadmissible, because the records are self-serving. "
] | 2C | Wicks's testimony that the invoices show ten deliveries is | Paulsen Corporation sued Dorr for ten fuel oil deliveries not paid for. Dorr denied that the deliveries were made. At trial, Paulsen calls its office manager, Wicks, to testify that Paulsen employees always record each delivery in duplicate, give one copy to the customer, and place the other copy in Paulsen's files; th... | |
Dan entered the police station and announced that he wanted to confess to a murder. The police advised Dan of the Miranda warnings, and Dan signed a written waiver. Dan described the murder in detail and pinpointed the location where a murder victim had been found a few weeks before. Later, a courtappointed psychiatris... | [
"admissible, because there was no coercive police conduct in obtaining Dan's statement. ",
"admissible, because Dan was not in custody. ",
"inadmissible, because Dan's confession was a product of his mental illness and was therefore involuntary. ",
"inadmissible, because under these circumstances, there was n... | 0A | Dan's confession is | Dan entered the police station and announced that he wanted to confess to a murder. The police advised Dan of the Miranda warnings, and Dan signed a written waiver. Dan described the murder in detail and pinpointed the location where a murder victim had been found a few weeks before. Later, a courtappointed psychiatris... | |
Leaseco owned Blackacre, a tract of 100 acres. Six years ago, Leaseco leased a one-acre parcel, Oneacre, located in the northeasterly corner of Blackacre, for a term of 30 years, to Eatco. Eatco intended to and did construct a fast-food restaurant on Oneacre. The lease provided that: 1. Eatco was to maintain Oneacre an... | [
"Leaseco, because the use of the improvements by the customers of Eatco imposes an implied obligation on Eatco. ",
"Leaseco, because the conveyance of Oneacre to Jones did not terminate Eatco's covenant to contribute. ",
"Eatco, because the conveyance of Oneacre to Jones terminated the privity of estate between... | 1B | The most likely outcome would be in favor of | Leaseco owned Blackacre, a tract of 100 acres. Six years ago, Leaseco leased a one-acre parcel, Oneacre, located in the northeasterly corner of Blackacre, for a term of 30 years, to Eatco. Eatco intended to and did construct a fast-food restaurant on Oneacre. The lease provided that: 1. Eatco was to maintain Oneacre an... | |
While Patty was riding her horse on what she thought was a public path, the owner of a house next to the path approached her, shaking a stick and shouting, "Get off my property." Unknown to Patty, the path on which she was riding crossed the private property of the shouting owner. When Patty explained that she thought ... | [
"Patty, for trespass to her chattel property. ",
"Patty, for battery and assault. ",
"the defendant, because Patty suffered no physical harm. ",
"the defendant, because he was privileged to exclude trespassers from his property. "
] | 1B | If Patty brings an action for damages against the property owner, the result should be for | While Patty was riding her horse on what she thought was a public path, the owner of a house next to the path approached her, shaking a stick and shouting, "Get off my property." Unknown to Patty, the path on which she was riding crossed the private property of the shouting owner. When Patty explained that she thought ... | |
In which of the following situations would a court applying common-law doctrine be most likely to convict Defendant of the crime charged, despite Defendant's mistake? | [
"Defendant was charged with bigamy. He married his neighbor four years after her husband was reported missing at sea. The rescued husband returns alive. A state statute provides that a person is presumed dead after five years of unexplained absence. Defendant believed the statutory period was three years.",
"Defe... | 0A | In which of the following situations would a court applying common-law doctrine be most likely to convict Defendant of the crime charged, despite Defendant's mistake? | ||
Spender owed Midas $1,000, plus interest at 8% until paid, on a long-overdue promissory note, collection of which would become barred by the statute of limitations on June 30. On the preceding April 1, Spender and Midas both signed a writing in which Spender promised to pay the note in full on the following December 31... | [
"Yes, because Spender's promise to pay interest until December 31 was consideration for Midas's promise not to sue. ",
"Yes, because the law creates a presumption that Spender relied on Midas's promise not to sue. ",
"No, because there was no consideration for Midas's promise not to sue, in that Spender was alr... | 0A | Assuming that there is no controlling statute, is the April 1 agreement an effective defense for Spender? | Spender owed Midas $1,000, plus interest at 8% until paid, on a long-overdue promissory note, collection of which would become barred by the statute of limitations on June 30. On the preceding April 1, Spender and Midas both signed a writing in which Spender promised to pay the note in full on the following December 31... | |
Spender owed Midas $1,000, plus interest at 8% until paid, on a long-overdue promissory note, collection of which would become barred by the statute of limitations on June 30. On the preceding April 1, Spender and Midas both signed a writing in which Spender promised to pay the note in full on the following December 31... | [
"Yes, because Spender's failure to pay the note, plus interest, on December 31 makes Midas's breach of promise not to sue before that date no longer material. ",
"Yes, because Spender's April 1 promise is enforceable by reason of his moral obligation to pay the debt. ",
"No, because such relief would undermine ... | 3D | Does the new count state a claim upon which relief can be granted? | Spender owed Midas $1,000, plus interest at 8% until paid, on a long-overdue promissory note, collection of which would become barred by the statute of limitations on June 30. On the preceding April 1, Spender and Midas both signed a writing in which Spender promised to pay the note in full on the following December 31... | |
Which of the following acts by the United States Senate would be constitutionally IMPROPER? | [
"The Senate decides, with the House of Representatives, that a disputed state ratification of a proposed constitutional amendment is valid. ",
"The Senate determines the eligibility of a person to serve as a senator.",
"The Senate appoints a commission to adjudicate finally a boundary dispute between two states... | 2C | Which of the following acts by the United States Senate would be constitutionally IMPROPER? | ||
While driving his car, Plaintiff sustained injuries in a three-car collision. Plaintiff sued the drivers of the other two cars, D-l and D-2, and each defendant crossclaimed against the other for contribution. The jurisdiction has adopted a rule of pure comparative negligence and allows contribution based upon proportio... | [
"Nothing, and then D-l can collect nothing from D-2. ",
"$30,000, and then D-l can collect nothing from D-2. ",
"$40,000, and then D-l can collect $10,000 from D-2. ",
"$60,000, and then D-l can collect $30,000 from D-2. "
] | 3D | How much, if anything, can Plaintiff collect from D-l, and how much, if anything, can D-l then collect from D-2 in contribution? | While driving his car, Plaintiff sustained injuries in a three-car collision. Plaintiff sued the drivers of the other two cars, D-l and D-2, and each defendant crossclaimed against the other for contribution. The jurisdiction has adopted a rule of pure comparative negligence and allows contribution based upon proportio... | |
Hal and Wan owned Blackacre as joint tenants, upon which was situated a two-family house. Hal lived in one of the two apartments and rented the other apartment to Tent. Hal got in a fight with Tent and injured him. Tent obtained and properly filed a judgment for $10,000 against Hal. The statute in the jurisdiction read... | [
"a lien against the whole of Blackacre, because he was a tenant of both Hal and Wan at the time of the judgment. ",
"a lien against Hal's undivided onehalf interest in Blackacre, because his judgment was filed prior to Hal's death. ",
"no lien, because Wan had no actual notice of Tent's judgment until after Hal... | 3D | The court should hold that Tent has | Hal and Wan owned Blackacre as joint tenants, upon which was situated a two-family house. Hal lived in one of the two apartments and rented the other apartment to Tent. Hal got in a fight with Tent and injured him. Tent obtained and properly filed a judgment for $10,000 against Hal. The statute in the jurisdiction read... | |
In litigation on a federal claim, Plaintiff had the burden of proving that Defendant received a notice. Plaintiff relied on the presumption of receipt by offering evidence that the notice was addressed to Defendant, properly stamped, and mailed. Defendant, on the other hand, testified that she never received the notice... | [
"The jury must find that the notice was received.",
"The jury may find that the notice was received.",
"The burden shifts to Defendant to persuade the jury of nonreceipt.",
"The jury must find that the notice was not received, because the presumption has been rebutted and there is uncontradicted evidence of n... | 1B | Which of the following is correct? | In litigation on a federal claim, Plaintiff had the burden of proving that Defendant received a notice. Plaintiff relied on the presumption of receipt by offering evidence that the notice was addressed to Defendant, properly stamped, and mailed. Defendant, on the other hand, testified that she never received the notice... | |
In a medical malpractice suit by Payne against Dr. Dock, Payne seeks to introduce a properly authenticated photocopy of Payne's hospital chart. The chart contained a notation made by a medical resident that an aortic clamp had broken during Payne's surgery. The resident made the notation in the regular course of practi... | [
"admissible as a record of regularly conducted activity.",
"admissible as recorded recollection.",
"inadmissible as a violation of the best evidence rule.",
"inadmissible, because it is hearsay within hearsay. "
] | 0A | The document is | In a medical malpractice suit by Payne against Dr. Dock, Payne seeks to introduce a properly authenticated photocopy of Payne's hospital chart. The chart contained a notation made by a medical resident that an aortic clamp had broken during Payne's surgery. The resident made the notation in the regular course of practi... | |
Parr sued Davis for damages for physical injuries allegedly caused by Davis's violation of the federal civil rights law. The incident occurred wholly within the state of Chippewa but the case was tried in federal court. The Chippewa state code says, "The common-law privileges are preserved intact in this state." At tri... | [
"state law and recognize the claim of privilege.",
"federal law and recognize the claim of privilege.",
"state law and reject the claim of privilege.",
"federal law and reject the claim of privilege."
] | 3D | The court should apply | Parr sued Davis for damages for physical injuries allegedly caused by Davis's violation of the federal civil rights law. The incident occurred wholly within the state of Chippewa but the case was tried in federal court. The Chippewa state code says, "The common-law privileges are preserved intact in this state." At tri... | |
In a prosecution of Dahle for assault, Wharton is called to testify that the victim, Valerian, had complained to Wharton that Dahle was the assailant. Wharton's testimony is most likely to be admitted if Wharton is | [
"a doctor, whom Valerian consulted for treatment. ",
"a minister, whom Valerian consulted for counseling. ",
"Valerian's husband, whom she telephoned immediately after the event. ",
"a police officer, whom Valerian called on instructions from her husband. "
] | 2C | Wharton's testimony is most likely to be admitted if Wharton is | In a prosecution of Dahle for assault, Wharton is called to testify that the victim, Valerian, had complained to Wharton that Dahle was the assailant. | |
Betty Bower, an adult, asked Jeff Geetus to lend her $1,000. Geetus replied that he would do so only if Bower's father, Cash, would guarantee the loan. At Bower's request, Cash mailed a signed letter to Geetus: "If you lend $1,000 to my daughter, I will repay it if she doesn't." On September 15, Geetus, having read Cas... | [
"Nothing, because if he sues before the entire amount is due, he will be splitting his cause of action. ",
"$300 plus the accrued interest, because Bower's breach is only a partial breach. ",
"$1,000 plus the accrued interest, because Bower's unexcused failure to pay three installments is a material breach. ",
... | 1B | On January 15, Geetus is entitled to a judgment against Bower for which of the following amounts? | Betty Bower, an adult, asked Jeff Geetus to lend her $1,000. Geetus replied that he would do so only if Bower's father, Cash, would guarantee the loan. At Bower's request, Cash mailed a signed letter to Geetus: "If you lend $1,000 to my daughter, I will repay it if she doesn't." On September 15, Geetus, having read Cas... | |
Betty Bower, an adult, asked Jeff Geetus to lend her $1,000. Geetus replied that he would do so only if Bower's father, Cash, would guarantee the loan. At Bower's request, Cash mailed a signed letter to Geetus: "If you lend $1,000 to my daughter, I will repay it if she doesn't." On September 15, Geetus, having read Cas... | [
"I only.",
"II only.",
"I and III only.",
"Neither I nor II nor III."
] | 3D | Cash died before Geetus notified him that his offer had been accepted | Betty Bower, an adult, asked Jeff Geetus to lend her $1,000. Geetus replied that he would do so only if Bower's father, Cash, would guarantee the loan. At Bower's request, Cash mailed a signed letter to Geetus: "If you lend $1,000 to my daughter, I will repay it if she doesn't." On September 15, Geetus, having read Cas... | |
At Darrow's trial for stealing an automobile, Darrow called a character witness, Goode, who testified that Darrow had an excellent reputation for honesty. In rebuttal, the prosecutor calls Wick to testify that he recently saw Darrow cheat on a college examination. This evidence should be | [
"admitted, because Darrow has \"opened the door\" to the prosecutor's proof of bad character evidence. ",
"admitted, because the cheating involves \"dishonesty or false statement.\" ",
"excluded, because it has no probative value on any issue in the case. ",
"excluded, because Darrow's cheating can be inquire... | 3D | This evidence should be | At Darrow's trial for stealing an automobile, Darrow called a character witness, Goode, who testified that Darrow had an excellent reputation for honesty. In rebuttal, the prosecutor calls Wick to testify that he recently saw Darrow cheat on a college examination. | |
The Federal Family Film Enhancement Act 100. assesses an excise tax of 10% on the price of admission to public movie theaters when they show films that contain actual or simulated scenes of human sexual intercourse. Which of the following is the strongest argument against the constitutionality of this federal act? | [
"The act imposes a prior restraint on the freedom of speech protected by the First Amendment.",
"The act is not rationally related to any legitimate national interest.",
"The act violates the equal protection concepts embodied in the due process clause of the Fifth Amendment because it imposes a tax on the pric... | 3D | Which of the following is the strongest argument against the constitutionality of this federal act? | The Federal Family Film Enhancement Act 100. assesses an excise tax of 10% on the price of admission to public movie theaters when they show films that contain actual or simulated scenes of human sexual intercourse. | |
Desmond fell while attempting to climb a mountain, and lay unconscious and critically injured on a ledge that was difficult to reach. Pearson, an experienced mountain climber, was himself seriously injured while trying to rescue Desmond. Pearson's rescue attempt failed, and Desmond died of his injuries before he could ... | [
"Yes, if his rescue attempt was reasonable. ",
"Yes, because the law should not discourage attempts to assist persons in helpless peril. ",
"No, unless Desmond's peril arose from his own failure to exercise reasonable care. ",
"No, because Pearson's rescue attempt failed and therefore did not benefit Desmond.... | 2C | Will Pearson prevail in his action against Desmond's estate? | Desmond fell while attempting to climb a mountain, and lay unconscious and critically injured on a ledge that was difficult to reach. Pearson, an experienced mountain climber, was himself seriously injured while trying to rescue Desmond. Pearson's rescue attempt failed, and Desmond died of his injuries before he could ... | |
At a party for coworkers at Defendant's home, Victim accused Defendant of making advances toward his wife. Victim and his wife left the party. The next day at work, Defendant saw Victim and struck him on the head with a softdrink bottle. Victim fell into a coma and died two weeks after the incident. This jurisdiction d... | [
"only if the jury finds that Defendant intended to kill Victim.",
"only if the jury finds that Defendant did not act in a rage provoked by Victim's accusations.",
"if the jury finds that Defendant intended either to kill or to inflict serious bodily harm.",
"if the jury finds that the killing occurred in the ... | 2C | Defendant may be found guilty of murder | At a party for coworkers at Defendant's home, Victim accused Defendant of making advances toward his wife. Victim and his wife left the party. The next day at work, Defendant saw Victim and struck him on the head with a softdrink bottle. Victim fell into a coma and died two weeks after the incident. This jurisdiction d... | |
In preparation for a mountain-climbing expedition, Alper purchased the necessary climbing equipment from Outfitters, Inc., a retail dealer in sporting goods. A week later, Alper fell from a rock face when a safety device he had purchased from Outfitters malfunctioned because of a defect in its manufacture. Thereafter, ... | [
"No, unless Outfitters could have discovered the defect by a reasonable inspection of the safety device. ",
"No, because Rollins did not rely on the representation of safety implied from the sale of the safety device by Outfitters. ",
"Yes, unless Alper was negligent in failing to test the safety device. ",
"... | 3D | , to recover damages for his injuries, will Rollins prevail? | In preparation for a mountain-climbing expedition, Alper purchased the necessary climbing equipment from Outfitters, Inc., a retail dealer in sporting goods. A week later, Alper fell from a rock face when a safety device he had purchased from Outfitters malfunctioned because of a defect in its manufacture. Thereafter, ... | |
Pitt sued Dill for damages for back injuries received in a car wreck. Dill disputed the damages and sought to prove that Pitt's disability, if any, resulted from a childhood horseback riding accident. Pitt admitted the childhood accident, but contended it had no lasting effect. Pitt calls Dr. Webb, an orthopedist who h... | [
"Webb lacked firsthand knowledge concerning Pitt's condition.",
"the hypothetical question omitted a clearly significant fact.",
"hypothetical questions are no longer permitted.",
"sufficient notice of the hypothetical question was not given to opposing counsel before trial."
] | 1B | The best ground for objecting to this question would be that | Pitt sued Dill for damages for back injuries received in a car wreck. Dill disputed the damages and sought to prove that Pitt's disability, if any, resulted from a childhood horseback riding accident. Pitt admitted the childhood accident, but contended it had no lasting effect. Pitt calls Dr. Webb, an orthopedist who h... | |
Daggett was prosecuted for murder of Vales, whose body was found one morning in the street near Daggett's house. The state calls Witt, a neighbor, to testify that during the night before the body was found he heard Daggett's wife scream, "You killed him! You killed him!" Witt's testimony is | [
"admissible as a report of a statement of belief.",
"admissible as a report of an excited utterance.",
"inadmissible, because it reports a privileged spousal communication. ",
"inadmissible on spousal immunity grounds, but only if the wife objects. "
] | 1B | The state calls Witt, a neighbor, to testify that during the night before the body was found he heard Daggett's wife scream, "You killed him! You killed him!" Witt's testimony is | Daggett was prosecuted for murder of Vales, whose body was found one morning in the street near Daggett's house. | |
Plaintiff was a passenger in a car that was struck in the rear by a car driven by First. The collision resulted from First's negligence in failing to keep a proper lookout. Plaintiff's physician found that the collision had aggravated a mild osteoarthritic condition in her lower back and had brought on similar, but new... | [
"the wrongdoers, rather than their victim, should bear the burden of the impossibility of apportionment. ",
"the defendants breached a common duty that each of them owed to Plaintiff.",
"each of the defendants was the proximate cause in fact of all of Plaintiff's damages.",
"the defendants are joint tortfeaso... | 0A | Plaintiff's best argument in opposition to the defendants' motions would be that the defendants are jointly and severally liable for Plaintiff's entire harm, because | Plaintiff was a passenger in a car that was struck in the rear by a car driven by First. The collision resulted from First's negligence in failing to keep a proper lookout. Plaintiff's physician found that the collision had aggravated a mild osteoarthritic condition in her lower back and had brought on similar, but new... | |
Darby was prosecuted for sexually abusing his 13-year-old stepdaughter, Wendy. Wendy testified to Darby's conduct. On cross-examination, defense counsel asks Wendy, "Isn't it true that shortly before you complained that Darby abused you, he punished you for maliciously ruining some of his phonograph records?" The quest... | [
"proper, because it relates to a possible motive for Wendy to accuse Darby falsely. ",
"proper, because Wendy's misconduct is relevant to her character for veracity. ",
"improper, because the incident had nothing to do with Wendy's truthfulness. ",
"improper, because it falls outside the scope of direct exami... | 0A | On cross-examination, defense counsel asks Wendy, "Isn't it true that shortly before you complained that Darby abused you, he punished you for maliciously ruining some of his phonograph records?" The question is | Darby was prosecuted for sexually abusing his 13-year-old stepdaughter, Wendy. Wendy testified to Darby's conduct. | |
David entered the county museum at a time when it was open to the public, intending to steal a Picasso etching. Once inside, he took what he thought was the etching from an unlocked display case and concealed it under his coat. However, the etching was a photocopy of an original that had been loaned to another museum. ... | [
"burglary and larceny.",
"burglary and attempted larceny.",
"larceny.",
"attempted larceny."
] | 2C | " David is guilty of | David entered the county museum at a time when it was open to the public, intending to steal a Picasso etching. Once inside, he took what he thought was the etching from an unlocked display case and concealed it under his coat. However, the etching was a photocopy of an original that had been loaned to another museum. ... | |
Insurance is provided in the state of Shoshone only by private companies. Although the state insurance commissioner inspects insurance companies for solvency, the state does not regulate their rates or policies. An insurance company charges higher rates for burglary insurance to residents of one part of a county in Sho... | [
"Yes, because the higher crime rate in Foster's neighborhood demonstrates that the county police are not giving persons who reside there the equal protection of the laws. ",
"Yes, because the insurance rate differential is inherently discriminatory. ",
"No, because the constitutional guarantee of equal protecti... | 2C | Will Foster's suit succeed? | Insurance is provided in the state of Shoshone only by private companies. Although the state insurance commissioner inspects insurance companies for solvency, the state does not regulate their rates or policies. An insurance company charges higher rates for burglary insurance to residents of one part of a county in Sho... | |
Jack, a bank teller, was fired by Morgan, the president of the bank. Jack decided to take revenge against Morgan, but decided against attempting it personally, because he knew Morgan was protected around the clock by bank security guards. Jack knew that Chip had a violent temper and was very jealous. Jack falsely told ... | [
"guilty, based upon extreme recklessness. ",
"guilty, based upon transferred intent. ",
"not guilty, because he did not intend for Chip to be shot by the security guard. ",
"not guilty, because he did not shoot Chip and he was not acting in concert with the security guard. "
] | 0A | If charged with murder of Chip, Jack should be found | Jack, a bank teller, was fired by Morgan, the president of the bank. Jack decided to take revenge against Morgan, but decided against attempting it personally, because he knew Morgan was protected around the clock by bank security guards. Jack knew that Chip had a violent temper and was very jealous. Jack falsely told ... | |
Jack, a bank teller, was fired by Morgan, the president of the bank. Jack decided to take revenge against Morgan, but decided against attempting it personally, because he knew Morgan was protected around the clock by bank security guards. Jack knew that Chip had a violent temper and was very jealous. Jack falsely told ... | [
"guilty, because he intended to kill Morgan and used Chip to carry out his plan. ",
"guilty, because he was extremely reckless as to Morgan. ",
"not guilty, because Morgan was never in imminent danger of being killed. ",
"not guilty, because Chip, if successful, would be guilty of no more than manslaughter an... | 0A | If charged with attempted murder of Morgan, Jack should be found | Jack, a bank teller, was fired by Morgan, the president of the bank. Jack decided to take revenge against Morgan, but decided against attempting it personally, because he knew Morgan was protected around the clock by bank security guards. Jack knew that Chip had a violent temper and was very jealous. Jack falsely told ... | |
Sally told Michael she would like to have sexual intercourse with him and that he should come to her apartment that night at 7 p.m. After Michael arrived, he and Sally went into the bedroom. As Michael started to remove Sally's blouse, Sally said she had changed her mind. Michael tried to convince her to have intercour... | [
"guilty, because no mental state is required as to the element of age. ",
"guilty, because he persisted after she told him she had changed her mind. ",
"not guilty, because he reasonably believed she had consented and voluntarily withdrew after she told him she had changed her mind. ",
"not guilty, because he... | 3D | " If Michael is charged with attempting to violate this statute, he is | Sally told Michael she would like to have sexual intercourse with him and that he should come to her apartment that night at 7 p.m. After Michael arrived, he and Sally went into the bedroom. As Michael started to remove Sally's blouse, Sally said she had changed her mind. Michael tried to convince her to have intercour... | |
Alice entered into a contract with Paul by the terms of which Paul was to paint Alice's office for $1,000 and was required to do all of the work over the following weekend so as to avoid disruption of Alice's business. For this question only, assume the following facts. If Paul had started to paint on the following Sat... | [
"$1,000 only, because Alice received no consideration for her promise to pay the additional sum. ",
"$1,000 only, because Alice's promise to pay \"whatever it takes\" is too uncertain to be enforceable. ",
"$1,200, in order to prevent Alice's unjust enrichment. ",
"$1,200, because the impossibility of Paul's ... | 0A | How much is Paul likely to recover? | Alice entered into a contract with Paul by the terms of which Paul was to paint Alice's office for $1,000 and was required to do all of the work over the following weekend so as to avoid disruption of Alice's business. For this question only, assume the following facts. If Paul had started to paint on the following Sat... | |
Alice entered into a contract with Paul by the terms of which Paul was to paint Alice's office for $1,000 and was required to do all of the work over the following weekend so as to avoid disruption of Alice's business. For this question only, assume the following facts. Paul commenced work on Saturday morning, and had ... | [
"Both parties' contractual duties are discharged, and Paul can recover nothing from Alice. ",
"Both parties' contractual duties are discharged, but Paul can recover in quasi-contract from Alice. ",
"Only Paul's contractual duty is discharged, because Alice's performance (payment of the agreed price) is not impo... | 1B | Which of the following is an accurate statement? | Alice entered into a contract with Paul by the terms of which Paul was to paint Alice's office for $1,000 and was required to do all of the work over the following weekend so as to avoid disruption of Alice's business. For this question only, assume the following facts. Paul commenced work on Saturday morning, and had ... | |
The state of Erehwon has a statute providing that an unsuccessful candidate in a primary election for a party's nomination for elected public office may not become a candidate for the same office at the following general election by nominating petition or by write-in votes. Sabel sought her party's nomination for gover... | [
"Sabel must demonstrate that the statute is not necessary to achieve a compelling state interest.",
"Sabel must demonstrate that the statute is not rationally related to a legitimate state interest.",
"The state must demonstrate that the statute is the least restrictive means of achieving a compelling state int... | 2C | As a matter of constitutional law, which of the following is the proper burden of persuasion in this suit? | The state of Erehwon has a statute providing that an unsuccessful candidate in a primary election for a party's nomination for elected public office may not become a candidate for the same office at the following general election by nominating petition or by write-in votes. Sabel sought her party's nomination for gover... | |
In order to provide funds for a system of new major airports near the ten largest cities in the United States, Congress levies a tax of $25 on each airline ticket issued in the United States. The tax applies to every airline ticket, even those for travel that does not originate in, terminate at, or pass through any of ... | [
"constitutional, because Congress has broad discretion in choosing the subjects of its taxation and may impose taxes on subjects that have no relation to the purpose for which those tax funds will be expended. ",
"constitutional, because an exemption for the issuance of tickets for travel between cities that will... | 0A | As applied to the issuance in the United States of an airline ticket for travel between two cities that will not be served by any of the new airports, this tax is | In order to provide funds for a system of new major airports near the ten largest cities in the United States, Congress levies a tax of $25 on each airline ticket issued in the United States. The tax applies to every airline ticket, even those for travel that does not originate in, terminate at, or pass through any of ... | |
Stoven, who owned Craigmont in fee simple, mortgaged Craigmont to Ulrich to secure a loan of $100,000. The mortgage was promptly and properly recorded. Stoven later mortgaged Craigmont to Martin to secure a loan of $50,000. The mortgage was promptly and properly recorded. Subsequently, Stoven conveyed Craigmont to Frit... | [
"I and II only.",
"I and III only.",
"II and III only.",
"I, II, and III. "
] | 3D | There are no countervailing equities in favor of Martin | Stoven, who owned Craigmont in fee simple, mortgaged Craigmont to Ulrich to secure a loan of $100,000. The mortgage was promptly and properly recorded. Stoven later mortgaged Craigmont to Martin to secure a loan of $50,000. The mortgage was promptly and properly recorded. Subsequently, Stoven conveyed Craigmont to Frit... | |
One evening, Parnell had several drinks and then started to drive home. As he was proceeding down Main Boulevard, an automobile pulled out of a side street to his right. Parnell's car struck this automobile broadside. The driver of the other car was killed as a result of the collision. A breath analysis test administer... | [
"the other driver was contributorily negligent.",
"the collision would have occurred even if Parnell had not been intoxicated.",
"because of his intoxication he lacked the mens rea needed for manslaughter.",
"driving while intoxicated requires no mens rea and so cannot be the basis for misdemeanor manslaughte... | 1B | If Parnell is prosecuted for manslaughter, his best chance for acquittal would be based on an argument that | One evening, Parnell had several drinks and then started to drive home. As he was proceeding down Main Boulevard, an automobile pulled out of a side street to his right. Parnell's car struck this automobile broadside. The driver of the other car was killed as a result of the collision. A breath analysis test administer... | |
Seisin and Vendee, standing on Greenacre, orally agreed to its sale and purchase for $5,000, and orally marked its bounds as "that line of trees down there, the ditch that intersects them, the fence on the other side, and that street on the fourth side." In which of the following is the remedy of reformation most appro... | [
"As later reduced to writing, the agreement by clerical mistake included two acres that are actually beyond the fence. ",
"Vendee reasonably thought that two acres beyond the fence were included in the oral agreement but Seisin did not. As later reduced to writing, the agreement included the two acres. ",
"Vend... | 0A | " In which of the following is the remedy of reformation most appropriate? | Seisin and Vendee, standing on Greenacre, orally agreed to its sale and purchase for $5,000, and orally marked its bounds as "that line of trees down there, the ditch that intersects them, the fence on the other side, and that street on the fourth side. | |
Airco operates an aircraft maintenance and repair business serving the needs of owners of private airplanes. Flyer contracted with Airco to replace the engine in his plane with a more powerful engine of foreign manufacture. Airco purchased the replacement engine through a representative of the manufacturer and installe... | [
"full compensation, because the engine was defective. ",
"no compensation, because Airco was not negligent. ",
"contribution only, because Airco and Flyer were equally innocent. ",
"no compensation, because Landers's judgment established Flyer's responsibility to Landers. "
] | 0A | In that action, Flyer will recover | Airco operates an aircraft maintenance and repair business serving the needs of owners of private airplanes. Flyer contracted with Airco to replace the engine in his plane with a more powerful engine of foreign manufacture. Airco purchased the replacement engine through a representative of the manufacturer and installe... | |
To encourage the growth of its population, the state of Axbridge established a program that awarded $1,000 to the parents of each child born within the state, provided that at the time of the child's birth the mother and father of the newborn were citizens of the United States. The Lills are aliens who are permanent re... | [
"constitutional, because the Tenth Amendment reserves to the states plenary authority over the spending of state funds. ",
"constitutional, because Axbridge has a legitimate interest in encouraging the growth of its population, and a rational legislature could believe that families in which both parents are Unite... | 2C | In this case, the court should hold that the exclusion of aliens from the Axbridge award program is | To encourage the growth of its population, the state of Axbridge established a program that awarded $1,000 to the parents of each child born within the state, provided that at the time of the child's birth the mother and father of the newborn were citizens of the United States. The Lills are aliens who are permanent re... | |
Olin owned Blueacre, a valuable tract of land located in York County. Olin executed a document in the form of a warranty deed of Blueacre, which was regular in all respects except that the only language designating the grantees in each of the granting and habendum clauses was: "The leaders of all the Protestant Churche... | [
"Plum, because there is inadequate identification of grantees in the deed. ",
"Plum, because the state of the evidence would not support a finding of delivery of the deed. ",
"the defendants, because a deed is prima facie valid until rebutted. ",
"the defendants, because recording established delivery prima f... | 0A | In such action, judgment should be for | Olin owned Blueacre, a valuable tract of land located in York County. Olin executed a document in the form of a warranty deed of Blueacre, which was regular in all respects except that the only language designating the grantees in each of the granting and habendum clauses was: "The leaders of all the Protestant Churche... | |
Old City police officers shot and killed Jones's friend as he attempted to escape arrest for an armed robbery he had committed. Jones brought suit in federal district court against the Old City Police Department and the city police officers involved, seeking only a judgment declaring unconstitutional the state statute ... | [
"decide the case on its merits, because it raises a substantial federal question. ",
"dismiss the action, because it involves a nonjusticiable political question. ",
"dismiss the action, because it does not present a case or controversy. ",
"dismiss the action, because the Eleventh Amendment prohibits federal... | 2C | The federal district court should | Old City police officers shot and killed Jones's friend as he attempted to escape arrest for an armed robbery he had committed. Jones brought suit in federal district court against the Old City Police Department and the city police officers involved, seeking only a judgment declaring unconstitutional the state statute ... | |
Dooley and Melville were charged with conspiracy to dispose of a stolen diamond necklace. Melville jumped bail and cannot be found. Proceeding to trial against Dooley alone, the prosecutor calls Wixon, Melville's girlfriend, to testify that Melville confided to her that "Dooley said I still owe him some of the money fr... | [
"admissible as evidence of a statement by party-opponent Dooley.",
"admissible as evidence of a statement against interest by Melville.",
"inadmissible, because Melville's statement was not in furtherance of the conspiracy. ",
"inadmissible, because Melville is not shown to have firsthand knowledge that the n... | 1B | " Wixon's testimony is | Dooley and Melville were charged with conspiracy to dispose of a stolen diamond necklace. Melville jumped bail and cannot be found. Proceeding to trial against Dooley alone, the prosecutor calls Wixon, Melville's girlfriend, to testify that Melville confided to her that "Dooley said I still owe him some of the money fr... | |
Pocket, a bank vice president, took substantial kickbacks to approve certain loans that later proved worthless. Upon learning of the kickbacks, Dudd, the bank's president, fired Pocket, telling him, "If you are not out of this bank in ten minutes, I will have the guards throw you out bodily." Pocket left at once. If Po... | [
"No, because the guards never touched Pocket. ",
"No, because Dudd gave Pocket ten minutes to leave. ",
"Yes, if Dudd intended to cause Pocket severe emotional distress. ",
"Yes, because Dudd threatened Pocket with a harmful or offensive bodily contact. "
] | 1B | If Pocket asserts a claim against Dudd based on assault, will Pocket prevail? | Pocket, a bank vice president, took substantial kickbacks to approve certain loans that later proved worthless. Upon learning of the kickbacks, Dudd, the bank's president, fired Pocket, telling him, "If you are not out of this bank in ten minutes, I will have the guards throw you out bodily." Pocket left at once. | |
Lee contracted with Mover, an interstate carrier, to ship household goods from the state of Green to his new home in the state of Pink. A federal statute provides that all liability of an interstate mover to a shipper for loss of or damage to the shipper's goods in transit is governed exclusively by the contract betwee... | [
"dismiss the case, because the federal statute governing liability of interstate carriers is the supreme law of the land and preempts state tort law. ",
"dismiss the case, because the contractual relationship between Lee and Mover is governed by the obligation of contracts clause of the Constitution. ",
"deny t... | 0A | In this suit, the court should | Lee contracted with Mover, an interstate carrier, to ship household goods from the state of Green to his new home in the state of Pink. A federal statute provides that all liability of an interstate mover to a shipper for loss of or damage to the shipper's goods in transit is governed exclusively by the contract betwee... | |
Metro City operates a cemetery pursuant to a city ordinance. The ordinance requires the operation of the city cemetery to be supported primarily by revenues derived from the sale of cemetery lots to individuals. The ordinance further provides that the purchase of a cemetery lot entitles the owner to perpetual care of t... | [
"No, because only a small amount of city tax funds has been used to maintain the cemetery. ",
"No, because the purpose of the ordinance is entirely secular, its primary effect neither advances nor inhibits religion, and it does not foster an excessive government entanglement with religion. ",
"Yes, because city... | 1B | Is this suit likely to be successful? | Metro City operates a cemetery pursuant to a city ordinance. The ordinance requires the operation of the city cemetery to be supported primarily by revenues derived from the sale of cemetery lots to individuals. The ordinance further provides that the purchase of a cemetery lot entitles the owner to perpetual care of t... | |
Dexter was tried for the homicide of a girl whose strangled body was found beside a remote logging road with her hands taped together. After Dexter offered evidence of alibi, the state calls Wilma to testify that Dexter had taped her hands and tried to strangle her in the same location two days before the homicide but ... | [
"admissible, as tending to show Dexter is the killer. ",
"admissible, as tending to show Dexter's violent nature. ",
"inadmissible, because it is improper character evidence. ",
"inadmissible, because it is unfairly prejudicial. "
] | 0A | The evidence is | Dexter was tried for the homicide of a girl whose strangled body was found beside a remote logging road with her hands taped together. After Dexter offered evidence of alibi, the state calls Wilma to testify that Dexter had taped her hands and tried to strangle her in the same location two days before the homicide but ... | |
Blackacre was a tract of 100 acres retained by Byron, the owner, after he had developed the adjoining 400 acres as a residential subdivision. Byron had effectively imposed restrictive covenants on each lot in the 400 acres. Chaney offered Byron a good price for a five-acre tract located in a corner of Blackacre far awa... | [
"the deed imposing the restrictions was not in the chain of title for the 95 acres when Dart bought.",
"the disparity in acreage means that the covenant can only be personal to Byron.",
"negative reciprocal covenants are not generally recognized.",
"a covenant to impose restrictions is an illegal restraint on... | 0A | " In an appropriate action by Chaney to enforce the restrictive covenants against Dart's 95-acre tract, if Dart wins it will be because | Blackacre was a tract of 100 acres retained by Byron, the owner, after he had developed the adjoining 400 acres as a residential subdivision. Byron had effectively imposed restrictive covenants on each lot in the 400 acres. Chaney offered Byron a good price for a five-acre tract located in a corner of Blackacre far awa... | |
A grand jury indicted Alice on a charge of arson, and a valid warrant was issued for her arrest. Paul, a police officer, arrested Alice and informed her of what the warrant stated. However, hoping that Alice might say something incriminating, he did not give her Miranda warnings. He placed her in the back seat of his p... | [
"deny the motion.",
"grant the motion only on the basis of the first ground stated.",
"grant the motion only on the basis of the second ground stated.",
"grant the motion on either ground."
] | 0A | As to Alice's motion to suppress, the court should | A grand jury indicted Alice on a charge of arson, and a valid warrant was issued for her arrest. Paul, a police officer, arrested Alice and informed her of what the warrant stated. However, hoping that Alice might say something incriminating, he did not give her Miranda warnings. He placed her in the back seat of his p... | |
Debtor's $1,000 contractual obligation to Aunt was due on July 1. On the preceding June 15, Aunt called Niece and said, "As my birthday gift to you, you may collect on July 1 the $1,000 Debtor owes me." Aunt also called Debtor and told him to pay the $1,000 to Niece on July 1. On July 1, Debtor, saying that he did not ... | [
"Yes, because Aunt had effectively assigned the $1,000 debt to her. ",
"Yes, because Aunt's calls to Niece and Debtor effected a novation. ",
"No, because Aunt's acceptance of the $1,000, without objection, was in effect the revocation of a gratuitous assignment. ",
"No, because Debtor cannot be compelled to ... | 2C | Will Niece succeed in an action for $1,000 against Debtor? | Debtor's $1,000 contractual obligation to Aunt was due on July 1. On the preceding June 15, Aunt called Niece and said, "As my birthday gift to you, you may collect on July 1 the $1,000 Debtor owes me." Aunt also called Debtor and told him to pay the $1,000 to Niece on July 1. On July 1, Debtor, saying that he did not ... | |
The School Board of the city of Rulb issued a rule authorizing public school principals to punish, after a hearing, students who engage in violations of the board's student behavior code. According to the rule, violators of the behavior code may be punished in a variety of ways including being required to sit in design... | [
"Because the school board rule limits the freedom of movement of students and subjects them to bodily restraint, it denies them a privilege and immunity of citizenship guaranteed them by Article IV, Section 2. ",
"Because the school board rule is substantially overbroad in relation to any legitimate purpose, it c... | 2C | Which of the following arguments would be most helpful to Teddy's parents in this suit? | The School Board of the city of Rulb issued a rule authorizing public school principals to punish, after a hearing, students who engage in violations of the board's student behavior code. According to the rule, violators of the behavior code may be punished in a variety of ways including being required to sit in design... | |
Davidson and Smythe were charged with burglary of a warehouse. They were tried separately. At Davidson's trial, Smythe testified that he saw Davidson commit the burglary. While Smythe is still subject to recall as a witness, Davidson calls Smythe's cellmate, Walton, to testify that Smythe said, "I broke into the wareho... | [
"admissible as a declaration against penal interest.",
"admissible as a prior inconsistent statement.",
"inadmissible, because it is hearsay not within any exception. ",
"inadmissible, because the statement is not clearly corroborated. "
] | 1B | " This evidence of Smythe's statement is | Davidson and Smythe were charged with burglary of a warehouse. They were tried separately. At Davidson's trial, Smythe testified that he saw Davidson commit the burglary. While Smythe is still subject to recall as a witness, Davidson calls Smythe's cellmate, Walton, to testify that Smythe said, "I broke into the wareho... | |
On March 1, Hotz Apartments, Inc., received from Koolair, Inc., a letter offering to sell Hotz 1,200 window air conditioners suitable for the apartments in Hotz's buildings. The Koolair offer stated that it would remain open until March 20, but that Hotz's acceptance must be received on or before that date. On March 16... | [
"The telegram revoking the offer was effective upon receipt.",
"The offer was revocable at any time for lack of consideration.",
"The mail was the only authorized means of revocation.",
"Under the terms of Koolair's offer, Hotz's attempted acceptance was ineffective. "
] | 3D | As of March 22, which of the following is a correct statement? | On March 1, Hotz Apartments, Inc., received from Koolair, Inc., a letter offering to sell Hotz 1,200 window air conditioners suitable for the apartments in Hotz's buildings. The Koolair offer stated that it would remain open until March 20, but that Hotz's acceptance must be received on or before that date. On March 16... | |
A statute of the state of Illitron declares that after five years of continuous service in their positions all state employees, including faculty members at the state university, are entitled to retain their positions during "good behavior." The statute also contains a number of procedural provisions. Any state employe... | [
"dismiss the suit, because a claim that a state statute is unconstitutional is not ripe for adjudication by a federal court until all judicial remedies in state courts provided for by state law have been exhausted. ",
"hold the statute unconstitutional, because the due process clause of the Fourteenth Amendment r... | 2C | In this case, the federal district court should | A statute of the state of Illitron declares that after five years of continuous service in their positions all state employees, including faculty members at the state university, are entitled to retain their positions during "good behavior." The statute also contains a number of procedural provisions. Any state employe... | |
Dorfman's dog ran into the street in front of Dorfman's home and began chasing cars. Peterson, who was driving a car on the street, swerved to avoid hitting the dog, struck a telephone pole, and was injured. If Peterson asserts a claim against Dorfman, will Peterson prevail? | [
"Yes, because Dorfman's dog was a cause in fact of Peterson's injury. ",
"Yes, if Dorfman knew his dog had a propensity to chase cars and did not restrain it. ",
"No, because a dog is a domestic animal. ",
"No, unless a statute or ordinance made it unlawful for the owner to allow a dog to be unleashed on a pu... | 1B | If Peterson asserts a claim against Dorfman, will Peterson prevail? | Dorfman's dog ran into the street in front of Dorfman's home and began chasing cars. Peterson, who was driving a car on the street, swerved to avoid hitting the dog, struck a telephone pole, and was injured. | |
Dower, an inexperienced driver, borrowed a car from Puder, a casual acquaintance, for the express purpose of driving it several blocks to the local drug store. Instead, Dower drove the car, which then was worth $12,000, 100 miles to Other City. While Dower was driving in Other City the next day, the car was hit by a ne... | [
"$12,000.00 ",
"$3,000.00 ",
"$3,000 plus damages for the loss of the use of the car during its repair. ",
"nothing, unless Dower was negligent and his negligence was a substantial cause of the collision. "
] | 0A | If Puder asserts a claim against Dower based on conversion, Puder should recover a judgment for | Dower, an inexperienced driver, borrowed a car from Puder, a casual acquaintance, for the express purpose of driving it several blocks to the local drug store. Instead, Dower drove the car, which then was worth $12,000, 100 miles to Other City. While Dower was driving in Other City the next day, the car was hit by a ne... | |
Miller's, a department store, had experienced a growing incidence of shoplifting. At the store's request, the police concealed Best, a woman who was a detective, at a vantage point above the women's apparel fitting rooms where she could see into these rooms, where customers tried on clothes. Detective Best saw Davis en... | [
"granted, because the police should have secured a search warrant to search her bag. ",
"granted, because a customer has a reasonable expectation of privacy while using a department store fitting room. ",
"denied, because the search and seizure were made incident to a valid arrest based on probable cause. ",
... | 1B | Her motion to prevent the introduction of the dress into evidence will be | Miller's, a department store, had experienced a growing incidence of shoplifting. At the store's request, the police concealed Best, a woman who was a detective, at a vantage point above the women's apparel fitting rooms where she could see into these rooms, where customers tried on clothes. Detective Best saw Davis en... | |
Deland operates a bank courier service that uses armored trucks to transport money and securities. One of Deland's armored trucks was parked illegally, too close to a street intersection. Pilcher, driving his car at an excessive speed, skidded into the armored truck while trying to make a turn. The truck was not damage... | [
"nothing, because Deland was not an active or efficient cause of Pilcher's loss. ",
"nothing, if Deland was less negligent than Pilcher. ",
"his entire loss, reduced by a percentage that reflects the negligence attributed to Pilcher. ",
"his entire loss, because Deland's truck suffered no damage. "
] | 2C | In this action, Pilcher should recover | Deland operates a bank courier service that uses armored trucks to transport money and securities. One of Deland's armored trucks was parked illegally, too close to a street intersection. Pilcher, driving his car at an excessive speed, skidded into the armored truck while trying to make a turn. The truck was not damage... | |
Roberts, a professional motorcycle rider, put on a performance in a privately owned stadium during which he leaped his motorcycle over 21 automobiles. Spectators were charged $5 each to view the jump and were prohibited from using cameras. However, the local television station filmed the whole event from within the sta... | [
"hold against Roberts, because the First and Fourteenth Amendments authorize press coverage of newsworthy entertainment events. ",
"hold against Roberts, because under the First and Fourteenth Amendments news broadcasts are absolutely privileged. ",
"find the station liable, because its action deprives Roberts ... | 3D | The court should | Roberts, a professional motorcycle rider, put on a performance in a privately owned stadium during which he leaped his motorcycle over 21 automobiles. Spectators were charged $5 each to view the jump and were prohibited from using cameras. However, the local television station filmed the whole event from within the sta... | |
Stirrup, a rancher, and Equinox, a fancier of horses, signed the following writing: "For $5,000, Stirrup will sell to Equinox a gray horse that Equinox may choose from among the grays on Stirrup's ranch." Equinox refused to accept delivery of a gray horse timely tendered by Stirrup or to choose among those remaining, o... | [
"admit the evidence as to both the saddle and the option to choose a brown horse.",
"admit the evidence as to the saddle but not the option to choose a brown horse.",
"admit the evidence as to the option to choose a brown horse but not the promise to include the saddle.",
"not admit any of the evidence."
] | 1B | If Equinox sues Stirrup for damages and seeks to introduce evidence of the alleged oral agreement, the court probably will | Stirrup, a rancher, and Equinox, a fancier of horses, signed the following writing: "For $5,000, Stirrup will sell to Equinox a gray horse that Equinox may choose from among the grays on Stirrup's ranch." Equinox refused to accept delivery of a gray horse timely tendered by Stirrup or to choose among those remaining, o... | |
Parker sues Dix for breach of a promise made in a letter allegedly written by Dix to Parker. Dix denies writing the letter. Which of the following would NOT be a sufficient basis for admitting the letter into evidence? | [
"Testimony by Parker that she is familiar with Dix's signature and recognizes it on the letter.",
"Comparison by the trier of fact of the letter with an admitted signature of Dix.",
"Opinion testimony of a nonexpert witness based upon familiarity acquired in order to authenticate the signature.",
"Evidence th... | 2C | Which of the following would NOT be a sufficient basis for admitting the letter into evidence? | Parker sues Dix for breach of a promise made in a letter allegedly written by Dix to Parker. Dix denies writing the letter. | |
Green contracted in a signed writing to sell Greenacre, a 500-acre tract of farmland, to Farmer. The contract provided for exchange of the deed and purchase price of $500,000 in cash on January 15. Possession was to be given to Farmer on the same date. On January 15, Green notified Farmer that because the tenant on Gre... | [
"Yes, because the court will excuse the delay in tender on the ground that there was a temporary impossibility caused by the tenant's holding over. ",
"Yes, because time is ordinarily not of the essence in a land-sale contract. ",
"No, because Green breached by failing to tender the deed and possession on Janua... | 1B | Will Green probably succeed in an action against Farmer for specific performance? | Green contracted in a signed writing to sell Greenacre, a 500-acre tract of farmland, to Farmer. The contract provided for exchange of the deed and purchase price of $500,000 in cash on January 15. Possession was to be given to Farmer on the same date. On January 15, Green notified Farmer that because the tenant on Gre... | |
Green contracted in a signed writing to sell Greenacre, a 500-acre tract of farmland, to Farmer. The contract provided for exchange of the deed and purchase price of $500,000 in cash on January 15. Possession was to be given to Farmer on the same date. On January 15, Green notified Farmer that because the tenant on Gre... | [
"nothing, because by paying the purchase price on January 30, he waived whatever cause of action he may have had. ",
"nominal damages only, because the market value of the land exceeded the contract price. ",
"$2,500 only (the fair rental value of Greenacre for 15 days). ",
"$2,500 (the fair rental value of G... | 2C | In an action by Farmer against Green for damages, Farmer is entitled to recover | Green contracted in a signed writing to sell Greenacre, a 500-acre tract of farmland, to Farmer. The contract provided for exchange of the deed and purchase price of $500,000 in cash on January 15. Possession was to be given to Farmer on the same date. On January 15, Green notified Farmer that because the tenant on Gre... | |
Able, owner of Blackacre and Whiteacre, two adjoining parcels, conveyed Whiteacre to Baker and covenanted in the deed to Baker that when he, Able, sold Blackacre he would impose restrictive covenants to prohibit uses that would compete with the filling station that Baker intended to construct and operate on Whiteacre. ... | [
"Egan had actual knowledge of the covenant to impose restrictions.",
"Egan is bound by the covenant because of the doctrine of negative reciprocal covenants.",
"business-related restrictive covenants are favored in the law.",
"Egan has constructive notice of the possibility of the covenant resulting from the ... | 0A | If Dodd prevails, it will be because | Able, owner of Blackacre and Whiteacre, two adjoining parcels, conveyed Whiteacre to Baker and covenanted in the deed to Baker that when he, Able, sold Blackacre he would impose restrictive covenants to prohibit uses that would compete with the filling station that Baker intended to construct and operate on Whiteacre. ... | |
While walking on a public sidewalk, Anson was struck by a piece of lumber that fell from the roof of Bruce's house. Bruce had hired Chase to make repairs to his roof, and the lumber fell through negligence on Chase's part. If Anson brings an action against Bruce to recover damages for the injury caused to him by Chase'... | [
"Yes, under the res ipsa loquitur doctrine. ",
"Yes, if Chase's act was a breach of a nondelegable duty owed by Bruce to Anson. ",
"No, if Chase was an independent contractor rather than Bruce's servant. ",
"No, if Bruce exercised reasonable care in hiring Chase to do the repair work. "
] | 1B | If Anson brings an action against Bruce to recover damages for the injury caused to him by Chase's negligence, will Anson prevail? | While walking on a public sidewalk, Anson was struck by a piece of lumber that fell from the roof of Bruce's house. Bruce had hired Chase to make repairs to his roof, and the lumber fell through negligence on Chase's part. | |
Owen contracted to sell Vacantacre to Perry. The written contract required Owen to provide evidence of marketable title of record, specified a closing date, stated that "time is of the essence," and provided that at closing, Owen would convey by warranty deed. Perry paid Owen $2,000 earnest money toward the $40,000 pur... | [
"Owen, because Alice's deed completing the transfer was given within a reasonable time. ",
"Owen, because his warranty deed would have given Perry adequate interim protection. ",
"Perry, because Owen's title was not marketable and time was of the essence. ",
"Perry, because under the circumstances the earnest... | 2C | The court will hold for | Owen contracted to sell Vacantacre to Perry. The written contract required Owen to provide evidence of marketable title of record, specified a closing date, stated that "time is of the essence," and provided that at closing, Owen would convey by warranty deed. Perry paid Owen $2,000 earnest money toward the $40,000 pur... | |
A statute provides: A person commits the crime of rape if he has sexual intercourse with a female, not his wife, without her consent. Dunbar is charged with the rape of Sally. At trial, Sally testifies to facts sufficient for a jury to find that Dunbar had sexual intercourse with her, that she did not consent, and that... | [
"violated by the instructions as to both issues.",
"violated by the instruction as to whether Sally was his wife, but not violated by the instruction on belief as to consent. ",
"violated by the instruction on belief as to consent, but not violated by the instruction as to whether Sally was his wife. ",
"not ... | 1B | Dunbar's constitutional rights were | A statute provides: A person commits the crime of rape if he has sexual intercourse with a female, not his wife, without her consent. Dunbar is charged with the rape of Sally. At trial, Sally testifies to facts sufficient for a jury to find that Dunbar had sexual intercourse with her, that she did not consent, and that... | |
Star, who played the lead role in a television soap opera, was seriously injured in an automobile accident caused by Danton's negligent driving. As a consequence of Star's injury, the television series was canceled, and Penn, a supporting actor, was laid off. In an action against Danton, can Penn recover for his loss o... | [
"Yes, because Danton's negligence was the cause in fact of Penn's loss. ",
"Yes, unless Penn failed to take reasonable measures to mitigate his loss. ",
"No, unless Danton should have foreseen that by injuring Star he would cause harm to Penn. ",
"No, because Danton's liability does not extend to economic los... | 3D | In an action against Danton, can Penn recover for his loss of income attributable to the accident? | Star, who played the lead role in a television soap opera, was seriously injured in an automobile accident caused by Danton's negligent driving. As a consequence of Star's injury, the television series was canceled, and Penn, a supporting actor, was laid off. | |
On December 1, Broker contracted with Collecta to sell her one of a certain type of rare coin for $12,000, delivery and payment to occur on the next March 1. To fulfill that contract, and without Collecta's knowledge, Broker contracted on January 1 to purchase for $10,000 a specimen of that type coin from Hoarder, deli... | [
"Broker wins, because Collecta, if a beneficiary at all of the Broker-Hoarder contract, was only an incidental beneficiary. ",
"Broker wins, because as of March 1 neither Hoarder nor Collecta had sustained any damage from Broker's repudiation of both contracts. ",
"Collecta wins, because she was an intended ben... | 0A | " If Collecta immediately sues Broker for his breach of the Broker-Hoarder contract, which of the following will the court probably decide? | On December 1, Broker contracted with Collecta to sell her one of a certain type of rare coin for $12,000, delivery and payment to occur on the next March 1. To fulfill that contract, and without Collecta's knowledge, Broker contracted on January 1 to purchase for $10,000 a specimen of that type coin from Hoarder, deli... | |
In a prosecution of Dale for murdering Vera, Dale testified that the killing had occurred in self defense when Vera tried to shoot him. In rebuttal, the prosecution seeks to call Walter, Vera's father, to testify that the day before the killing, Vera told Walter that she loved Dale so much she could never hurt him. Wal... | [
"admissible within the hearsay exception for statements of the declarant's then existing state of mind.",
"admissible, because Vera is unavailable as a witness. ",
"inadmissible as hearsay not within any exception.",
"inadmissible, because Vera's character is not an issue. "
] | 0A | Walter's testimony is | In a prosecution of Dale for murdering Vera, Dale testified that the killing had occurred in self defense when Vera tried to shoot him. In rebuttal, the prosecution seeks to call Walter, Vera's father, to testify that the day before the killing, Vera told Walter that she loved Dale so much she could never hurt him. | |
For an agreed price of $20 million, Bildko, Inc., contracted with Venture to design and build on Venture's commercial plot a 15-story office building. In excavating for the foundation and underground utilities, Bildko encountered a massive layer of granite at a depth of 15 feet. By reasonable safety criteria, the build... | [
"Bildko is excused under the modern doctrine of supervening impossibility, which includes severe impracticability. ",
"Bildko is excused, because the contract is voidable on account of the parties' mutual mistake concerning an essential underlying fact. ",
"Venture prevails, because Bildko assumed the risk of e... | 2C | If Venture refuses and sues Bildko for breach of contract, which of the following will the court probably decide? | For an agreed price of $20 million, Bildko, Inc., contracted with Venture to design and build on Venture's commercial plot a 15-story office building. In excavating for the foundation and underground utilities, Bildko encountered a massive layer of granite at a depth of 15 feet. By reasonable safety criteria, the build... | |
Owens owned Whiteacre, a dwelling house situated on a two-acre lot in an area zoned for single-family residential uses only. Although it was not discernible from the outside, Whiteacre had been converted by Owens from a single-family house to a structure that contained three separate apartments, in violation of the zon... | [
"win, because Owens was able to convey a marketable title. ",
"win, because Peters was charged with knowledge of the zoning ordinance prior to entering the contract. ",
"lose, because the illegal conversion of Whiteacre creates the risk of litigation. ",
"lose, because the illegal conversion of Whiteacre was ... | 2C | In that action, Owens should | Owens owned Whiteacre, a dwelling house situated on a two-acre lot in an area zoned for single-family residential uses only. Although it was not discernible from the outside, Whiteacre had been converted by Owens from a single-family house to a structure that contained three separate apartments, in violation of the zon... | |
Morten was the general manager and chief executive officer of the Woolen Company, a knitting mill. Morten delegated all operational decision making to Crouse, the supervising manager of the mill. The child labor laws in the jurisdiction provide, "It is a violation of the law for one to employ a person under the age of ... | [
"guilty, because he should have inquired as to the ages of the children. ",
"guilty, because he hired the children. ",
"not guilty, because in law the Woolen Company, not Crouse, is the employer of the children. ",
"not guilty, because he believed he was following company policy and was not aware of the viola... | 1B | If the statute is interpreted to create strict liability and Crouse is charged with violating it, Crouse is | Morten was the general manager and chief executive officer of the Woolen Company, a knitting mill. Morten delegated all operational decision making to Crouse, the supervising manager of the mill. The child labor laws in the jurisdiction provide, "It is a violation of the law for one to employ a person under the age of ... | |
Ann's three-year-old daughter, Janet, was killed in an automobile accident. At Ann's direction, Janet's body was taken to a mausoleum for interment. Normally, the mausoleum's vaults are permanently sealed with marble plates secured by "tamper-proof" screws. After Janet's body was placed in the mausoleum, however, only ... | [
"No, because Ann experienced no threat to her own safety. ",
"No, unless the mausoleum's behavior was extreme and outrageous. ",
"Yes, if the mausoleum failed to use reasonable care to safeguard the body. ",
"Yes, unless Ann suffered no physical harm as a consequence of her emotional distress. "
] | 2C | If Ann sues the mausoleum for the damages arising from her emotional distress, will she prevail? | Ann's three-year-old daughter, Janet, was killed in an automobile accident. At Ann's direction, Janet's body was taken to a mausoleum for interment. Normally, the mausoleum's vaults are permanently sealed with marble plates secured by "tamper-proof" screws. After Janet's body was placed in the mausoleum, however, only ... | |
Wastrel, a notorious spendthrift who was usually broke for that reason, received the following letter from his Uncle Bullion, a wealthy and prudent man: "I understand you're in financial difficulties again. I promise to give you $5,000 on your birthday next month, but you'd better use it wisely or you'll never get anot... | [
"A promise to make a gift in the future is not enforceable.",
"Reliance by the promisee on a promise to make a future gift does not make the promise enforceable unless the value of the promised gift is substantially equivalent to the promisee's loss by reliance.",
"Reliance by the promisee on a promise to make ... | 3D | If Wastrel sues Bullion for $5,000 after the latter learned of the car-purchase contract and then repudiated his promise, which of the following is Bullion's best defense? | Wastrel, a notorious spendthrift who was usually broke for that reason, received the following letter from his Uncle Bullion, a wealthy and prudent man: "I understand you're in financial difficulties again. I promise to give you $5,000 on your birthday next month, but you'd better use it wisely or you'll never get anot... | |
Congress passed a bill prohibiting the President from granting a pardon to any person who had not served at least one-third of the sentence imposed by the court which convicted that person. The President vetoed the bill, claiming that it was unconstitutional. Nevertheless, Congress passed it over his veto by a two-thir... | [
"constitutional, because it was enacted over the President's veto by a two-thirds vote of each house. ",
"constitutional, because it is a necessary and proper means of carrying out the powers of Congress. ",
"unconstitutional, because it interferes with the plenary power of the President to grant pardons. ",
... | 2C | This act of Congress is | Congress passed a bill prohibiting the President from granting a pardon to any person who had not served at least one-third of the sentence imposed by the court which convicted that person. The President vetoed the bill, claiming that it was unconstitutional. Nevertheless, Congress passed it over his veto by a two-thir... | |
Defendant is on trial for the crime of obstructing justice by concealing records subpoenaed May 1, in a government investigation. The government calls Attorney to testify that on May 3, Defendant asked him how to comply with the regulations regarding the transfer of records to a safe-deposit box in Mexico. The testimon... | [
"privileged, because it relates to conduct outside the jurisdiction of the United States. ",
"privileged, because an attorney is required to keep the confidences of his clients. ",
"not privileged, provided Attorney knew of the concededly illegal purpose for which the advice was sought. ",
"not privileged, wh... | 3D | The testimony of Attorney is | Defendant is on trial for the crime of obstructing justice by concealing records subpoenaed May 1, in a government investigation. The government calls Attorney to testify that on May 3, Defendant asked him how to comply with the regulations regarding the transfer of records to a safe-deposit box in Mexico. | |
Prad entered Drug Store to make some purchases. As he was searching the aisles for various items, he noticed a display card containing automatic pencils. The display card was on a high shelf behind a cashier's counter. Prad saw a sign on the counter that read, "No Admittance, Employees Only." Seeing no clerks in the vi... | [
"No, because Prad was a trespasser. ",
"No, unless Prad's injuries resulted from the defendant's willful or wanton misconduct. ",
"Yes, because the premises were defective with respect to a public invitee. ",
"Yes, if the clerk had reason to believe that Prad was unaware of the open shaft. "
] | 3D | Will Prad recover a judgment against Drug Store? | Prad entered Drug Store to make some purchases. As he was searching the aisles for various items, he noticed a display card containing automatic pencils. The display card was on a high shelf behind a cashier's counter. Prad saw a sign on the counter that read, "No Admittance, Employees Only." Seeing no clerks in the vi... | |
A statute in the jurisdiction defines murder in the first degree as knowingly killing another person after deliberation. Deliberation is defined as "cool reflection for any length of time no matter how brief." Murder in the second degree is defined as "all other murder at common law except felony-murder." Felony-murder... | [
"murder in the first degree.",
"murder in the second degree.",
"murder in the third degree.",
"manslaughter."
] | 1B | The most serious degree of criminal homicide Duncan is guilty of is | A statute in the jurisdiction defines murder in the first degree as knowingly killing another person after deliberation. Deliberation is defined as "cool reflection for any length of time no matter how brief." Murder in the second degree is defined as "all other murder at common law except felony-murder." Felony-murder... |
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