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Ody, owner of Profitacre, executed an instrument in the proper form of a deed, purporting to convey Profitacre "to Leon for life, then to Ralph in fee simple." Leon, who is Ody's brother and Ralph's father, promptly began to manage Profitacre, which is valuable income-producing real estate. Leon collected all rents and... | [
"Leon's purported deed forfeited his life estate, so Ralph owns Profitacre in fee simple. ",
"Mona owns an estate for her life, is entitled to all income, and must pay real estate taxes; Ralph owns the remainder interest. ",
"Mona owns an estate for the life of Leon, is entitled to all income, and must pay real... | 2C | In an appropriate action to determine the rights of the parties, the court should decide | Ody, owner of Profitacre, executed an instrument in the proper form of a deed, purporting to convey Profitacre "to Leon for life, then to Ralph in fee simple." Leon, who is Ody's brother and Ralph's father, promptly began to manage Profitacre, which is valuable income-producing real estate. Leon collected all rents and... | |
Homer and Ethel were jointly in possession of Greenacre in fee simple as tenants in common. They joined in a mortgage of Greenacre to They joined in a mortgage of Greenacre to Fortunoff Bank. Homer erected a fence along what he considered to be the true boundary between Greenacre and the adjoining property, owned by Mi... | [
"win, because Fortunoff Bank was not a party to the agreement. ",
"win, because one tenant in common cannot bind another tenant in common to a boundary line agreement. ",
"lose, because the agreement, as a matter of law, was mutually beneficial to Ethel and Homer. ",
"lose, because Ethel was in sole possessio... | 1B | In such action, Homer will | Homer and Ethel were jointly in possession of Greenacre in fee simple as tenants in common. They joined in a mortgage of Greenacre to They joined in a mortgage of Greenacre to Fortunoff Bank. Homer erected a fence along what he considered to be the true boundary between Greenacre and the adjoining property, owned by Mi... | |
At the trial of an action against Grandmother on behalf of Patrick, the following evidence has been introduced. Grandson and his friend, Patrick, both aged eight, were visiting at Grandmother's house when, while exploring Grandmother's house when, while exploring the premises, they discovered a hunting rifle in an unlo... | [
"granted, because Grandmother is not legally responsible for the acts of Grandson. ",
"granted, because Grandmother did not recall that the gun cabinet was unlocked. ",
"denied, because a firearm is an inherently dangerous instrumentality. ",
"denied, because a jury could find that Grandmother breached a duty... | 3D | If the defendant moves for a directed verdict in her favor at the end of the plaintiff's case, that motion should be | At the trial of an action against Grandmother on behalf of Patrick, the following evidence has been introduced. Grandson and his friend, Patrick, both aged eight, were visiting at Grandmother's house when, while exploring Grandmother's house when, while exploring the premises, they discovered a hunting rifle in an unlo... | |
On November 15, Joiner in a signed writing contracted with Galley for an agreed price to personally remodel Galley's kitchen according to specifications provided by Galley, and to start work on December 1. Joiner agreed to provide all materials for the job in addition to all of the labor required. For this question onl... | [
"An action for equitable relief not brought within a reasonable time is barred by laches.",
"Specific performance is generally not available as a remedy to enforce a contractual duty to perform personal services.",
"Specific performance is generally not available as a remedy in the case of an anticipatory repud... | 1B | If one year later Galley brings an action for specific performance against Joiner, which of the following will provide Joiner with the best defense? | On November 15, Joiner in a signed writing contracted with Galley for an agreed price to personally remodel Galley's kitchen according to specifications provided by Galley, and to start work on December 1. Joiner agreed to provide all materials for the job in addition to all of the labor required. For this question onl... | |
On November 15, Joiner in a signed writing contracted with Galley for an agreed price to personally remodel Galley's kitchen according to specifications provided by Galley, and to start work on December 1. Joiner agreed to provide all materials for the job in addition to all of the labor required. For this question onl... | [
"Nothing, because he failed to mitigate his damages. ",
"$3,000, his expectancy damages. ",
"$5,000, on a restitutionary theory. ",
"$5,000, his reliance damages, plus $3,000, his expectancy damages. "
] | 1B | If Galley refuses to retract his repudiation, and Joiner sues him for damages, what is the maximum that Joiner is entitled to recover? | On November 15, Joiner in a signed writing contracted with Galley for an agreed price to personally remodel Galley's kitchen according to specifications provided by Galley, and to start work on December 1. Joiner agreed to provide all materials for the job in addition to all of the labor required. For this question onl... | |
The police suspected that Yancey, a 16-year-old high school student, had committed a series of burglaries. Two officers went to Yancey's high school and asked the principal to call Yancey out of class and to search his backpack. While the officers waited, the principal took Yancey into the hall where she asked to look ... | [
"deny the motion on the ground that the search was incident to a lawful arrest.",
"deny the motion on the ground that school searches are reasonable if conducted by school personnel on school grounds on the basis of reasonable suspicion.",
"grant the motion on the ground that the (C) grant the motion on the gro... | 3D | The court should | The police suspected that Yancey, a 16-year-old high school student, had committed a series of burglaries. Two officers went to Yancey's high school and asked the principal to call Yancey out of class and to search his backpack. While the officers waited, the principal took Yancey into the hall where she asked to look ... | |
The police suspected that Yancey, a 16-year-old high school student, had committed a series of burglaries. Two officers went to Yancey's high school and asked the principal to call Yancey out of class and to search his backpack. While the officers waited, the principal took Yancey into the hall where she asked to look ... | [
"Yancey was in custody at the time the statement was recorded.",
"the police did not comply with Yancey's request for a lawyer.",
"once Yancey had invoked his right to counsel, it was improper for the police to listen to any of his private conversations. ",
"the meeting between Yancey and his parents was arra... | 3D | The best argument for excluding it would be that | The police suspected that Yancey, a 16-year-old high school student, had committed a series of burglaries. Two officers went to Yancey's high school and asked the principal to call Yancey out of class and to search his backpack. While the officers waited, the principal took Yancey into the hall where she asked to look ... | |
A newly enacted federal statute appropriates $100 million in federal funds to support basic research by universities located in the United States. The statute provides that "the ten best universities in the United States" will each receive $10 million. It also provides that "the ten best universities" shall be "determi... | [
"The statute is unconstitutional, because the reliance by Congress on a poll of individuals who are not federal officials to determine the recipients of its appropriated funds is an unconstitutional delegation of legislative power. ",
"The statute is unconstitutional, because the limitation on recipients to the t... | 2C | Which of the following statements about this statute is correct? | A newly enacted federal statute appropriates $100 million in federal funds to support basic research by universities located in the United States. The statute provides that "the ten best universities in the United States" will each receive $10 million. It also provides that "the ten best universities" shall be "determi... | |
Which of the following fact patterns most clearly suggests an implied-in-fact contract? | [
"A county tax assessor mistakenly bills Algernon for taxes on Bathsheba's property, which Algernon, in good faith, pays. ",
"Meddick, a physician, treated Ryder without Ryder's knowledge or consent, while Ryder was unconscious as the result of a fall from his horse. ",
"Asphalt, thinking that he was paving Cust... | 2C | Which of the following fact patterns most clearly suggests an implied-in-fact contract? | ||
Ashton owned Woodsedge, a tract used for commercial purposes, in fee simple and thereafter mortgaged it to First Bank. She signed a promissory note secured by a duly executed and recorded mortgage. There was no "due on sale" clause, that is, no provision that, upon sale, the whole balance then owing would become due an... | [
"Ashton only.",
"Ashton and Beam only.",
"Beam and Carter only.",
"Ashton, Beam, and Carter. "
] | 1B | First Bank is entitled to collect a deficiency judgment against | Ashton owned Woodsedge, a tract used for commercial purposes, in fee simple and thereafter mortgaged it to First Bank. She signed a promissory note secured by a duly executed and recorded mortgage. There was no "due on sale" clause, that is, no provision that, upon sale, the whole balance then owing would become due an... | |
Landco purchased a large tract of land intending to construct residential housing on it. Landco hired Poolco to build a large inground swimming pool on the tract. The contract provided that Poolco would carry out blasting operations that were necessary to create an excavation large enough for the pool. create an excava... | [
"prevail, only if Landco retained the right to direct and control Poolco's construction of the pool. ",
"prevail, because the blasting that Poolco was hired to perform damaged Plaintiff's home. ",
"not prevail, if Poolco used reasonable care in conducting the blasting operations. ",
"not prevail, if Landco us... | 1B | In Plaintiff's action for damages against Landco, Plaintiff should | Landco purchased a large tract of land intending to construct residential housing on it. Landco hired Poolco to build a large inground swimming pool on the tract. The contract provided that Poolco would carry out blasting operations that were necessary to create an excavation large enough for the pool. create an excava... | |
The state of Atlantica spends several million dollars a year on an oyster conservation program. As part of that program, the state limits, by statute, oyster fishing in its coastal waters to persons who have state oyster permits. In order to promote conservation, it issues only a limited number of oyster permits each y... | [
"Because the Atlantica law provides higher permit charges for nonresidents, it is an undue burden on interstate commerce. ",
"Because the Atlantica law provides higher permit charges for nonresidents, it denies Fisher, Inc., the privileges and immunities of state citizenship. ",
"Because it holds a federal ship... | 2C | , to fish for oysters this year in the coastal waters of Atlantica? | The state of Atlantica spends several million dollars a year on an oyster conservation program. As part of that program, the state limits, by statute, oyster fishing in its coastal waters to persons who have state oyster permits. In order to promote conservation, it issues only a limited number of oyster permits each y... | |
The United States Department of the Interior granted Concessionaire the food and drink concession in a federal park located in the state of New Senora. Concessionaire operated his concession out of federally owned facilities in the park. The federal statute authorizing the Interior Department to grant such concessions ... | [
"commerce clause by unduly burdening the interstate tourist trade.",
"privileges and immunities clause of the Fourteenth Amendment by interfering with the fundamental right to do business on federal property.",
"equal protection of the laws clause of the Fourteenth Amendment because the tax treats him less favo... | 3D | The strongest ground upon which Concessionaire could challenge the occupancy tax is that it violates the | The United States Department of the Interior granted Concessionaire the food and drink concession in a federal park located in the state of New Senora. Concessionaire operated his concession out of federally owned facilities in the park. The federal statute authorizing the Interior Department to grant such concessions ... | |
Davis has a small trampoline in his backyard which, as he knows, is commonly used by neighbor children as well as his own. The trampoline is in good condition, is not defective in any way, and normally is surrounded by mats to prevent injury if a user should fall off. Prior to leaving with his family for the day, Davis... | [
"No, if children likely to be attracted by the trampoline would normally realize the risk of using it without mats. ",
"No, if Philip failed to exercise reasonable care commensurate with his age, intelligence, and experience. ",
"No, because Philip entered Davis's yard and used the trampoline without Davis's pe... | 0A | In his action against Davis, will Philip prevail? | Davis has a small trampoline in his backyard which, as he knows, is commonly used by neighbor children as well as his own. The trampoline is in good condition, is not defective in any way, and normally is surrounded by mats to prevent injury if a user should fall off. Prior to leaving with his family for the day, Davis... | |
Deben was charged with using a forged prescription from a Dr. Kohl to obtain Percodan® from Smith's Drugstore on May 1. At trial, Smith identified Deben as the customer, but Deben testified that he had not been in the store. In rebuttal, the prosecutor calls Wallman and Witler to testify that on May 1 a man they ident... | [
"admissible, to prove a pertinent trait of Deben's character and Deben's action in conformity therewith. conformity therewith. ",
"admissible, to identify the man who presented the prescription at Smith's Drugstore. ",
"inadmissible, because it proves specific acts rather than reputation or opinion. ",
"inadm... | 1B | Wallman's and Witler's testimony is | Deben was charged with using a forged prescription from a Dr. Kohl to obtain Percodan® from Smith's Drugstore on May 1. At trial, Smith identified Deben as the customer, but Deben testified that he had not been in the store. In rebuttal, the prosecutor calls Wallman and Witler to testify that on May 1 a man they ident... | |
An ordinance of the city of Green requires that its mayor must have been continuously a resident of the city for at least five years at the time he or she takes office. Candidate, who is thinking about running for mayor in an election that will take place next year, will have been a resident of Green for only four and ... | [
"refuse to determine the merits of this suit, because there is no case or controversy. ",
"refuse to issue such a declaratory judgment, because an issue of this kind involving only a local election does not present a substantial federal constitutional question. ",
"issue the declaratory judgment, because a resi... | 0A | In this case, the court should | An ordinance of the city of Green requires that its mayor must have been continuously a resident of the city for at least five years at the time he or she takes office. Candidate, who is thinking about running for mayor in an election that will take place next year, will have been a resident of Green for only four and ... | |
Oliver, owner of Blackacre, needed money. Blackacre was fairly worth $100,000, so Oliver tried to borrow $60,000 from Len on the security of Blackacre. Len agreed, but only if Oliver would convey Blackacre to Len outright by warranty deed, with Len agreeing orally to reconvey to Oliver once the loan was paid according ... | [
"Len's oral agreement to reconvey is invalid under the Statute of Frauds, so Len owns Blackacre outright. ",
"Oliver, having defaulted, has no further rights in Blackacre, so Len may obtain summary eviction. ",
"The attempted security arrangement is a creature unknown to the law, hence a nullity; Len has only a... | 3D | Which of the following best states the parties' rights in Blackacre? | Oliver, owner of Blackacre, needed money. Blackacre was fairly worth $100,000, so Oliver tried to borrow $60,000 from Len on the security of Blackacre. Len agreed, but only if Oliver would convey Blackacre to Len outright by warranty deed, with Len agreeing orally to reconvey to Oliver once the loan was paid according ... | |
Big City High School has had a very high rate of pregnancy among its students. In order to assist students who keep their babies to complete high school, Big City High School has established an infant day-care center for children of its students, and also offers classes in child-care. Because the child-care classes are... | [
"Joe must demonstrate that the admission requirement is not rationally related to a legitimate governmental interest.",
"Joe must demonstrate that the admission requirement is not as narrowly drawn as possible to achieve a substantial governmental interest.",
"The school must demonstrate that the admission poli... | 3D | Which of the following best states the burden of persuasion in this case? | Big City High School has had a very high rate of pregnancy among its students. In order to assist students who keep their babies to complete high school, Big City High School has established an infant day-care center for children of its students, and also offers classes in child-care. Because the child-care classes are... | |
Defendant was upset because he was going to have to close his liquor store due to competition from a discount store in a new shopping mall nearby. In desperation, he decided to set fire to his store to collect the insurance. While looking through the basement for flammable material, he lit a match to read the label on ... | [
"guilty, if he could have put out the fire before it spread and did not do so because he wanted the building destroyed. ",
"guilty, if he was negligent in starting the fire. ",
"not guilty, because even if he wanted to burn the building there was no concurrence between his mens rea and the act of starting the f... | 0A | Defendant is | Defendant was upset because he was going to have to close his liquor store due to competition from a discount store in a new shopping mall nearby. In desperation, he decided to set fire to his store to collect the insurance. While looking through the basement for flammable material, he lit a match to read the label on ... | |
In his employment, Grinder operates a grinding wheel. To protect his eyes, he wears glasses, sold under the trade name "Safety Glasses," manufactured by Glassco. The glasses were sold with a warning label stating that they would protect only against small, flying objects. One day, the grinding wheel Grinder was using d... | [
"Yes, because the safety glasses were defective in that they did not protect him from the disintegrating wheel. ",
"Yes, because the glasses were sold under the trade name \"Safety Glasses.\" ",
"No, because the glasses were not designed or sold for protection against the kind of hazard Grinder encountered. ",
... | 2C | In this action, will Grinder prevail? | In his employment, Grinder operates a grinding wheel. To protect his eyes, he wears glasses, sold under the trade name "Safety Glasses," manufactured by Glassco. The glasses were sold with a warning label stating that they would protect only against small, flying objects. One day, the grinding wheel Grinder was using d... | |
Oscar purchased a large bottle of No-Flake dandruff shampoo, manufactured by Shampoo Company. The box containing the bottle stated in part: "CAUTION--Use only 1 capful at most once a day. Greater use may cause severe damage to the scalp." Oscar read the writing on the box, removed the bottle, and threw the box away. Os... | [
"had an unreasonably dangerous manufacturing defect.",
"had an unreasonably dangerous design defect.",
"was inherently dangerous.",
"was inadequately labeled to warn of its dangers."
] | 3D | Based upon the foregoing facts, if Paul sues Shampoo Company to recover damages for his dermatitis, his most promising theory of liability will be that the No-Flake shampoo | Oscar purchased a large bottle of No-Flake dandruff shampoo, manufactured by Shampoo Company. The box containing the bottle stated in part: "CAUTION--Use only 1 capful at most once a day. Greater use may cause severe damage to the scalp." Oscar read the writing on the box, removed the bottle, and threw the box away. Os... | |
Oscar purchased a large bottle of No-Flake dandruff shampoo, manufactured by Shampoo Company. The box containing the bottle stated in part: "CAUTION--Use only 1 capful at most once a day. Greater use may cause severe damage to the scalp." Oscar read the writing on the box, removed the bottle, and threw the box away. Os... | [
"I only.",
"I and II only.",
"II and III only.",
"Neither I, nor II, nor III. (D) Neither I, nor II, nor III. "
] | 3D | Paul was a remote user and not in privity with Shampoo Company | Oscar purchased a large bottle of No-Flake dandruff shampoo, manufactured by Shampoo Company. The box containing the bottle stated in part: "CAUTION--Use only 1 capful at most once a day. Greater use may cause severe damage to the scalp." Oscar read the writing on the box, removed the bottle, and threw the box away. Os... | |
Oscar purchased a large bottle of No-Flake dandruff shampoo, manufactured by Shampoo Company. The box containing the bottle stated in part: "CAUTION--Use only 1 capful at most once a day. Greater use may cause severe damage to the scalp." Oscar read the writing on the box, removed the bottle, and threw the box away. Os... | [
"Paul was contributorily negligent.",
"Paul assumed the risk.",
"Oscar had no duty toward Paul, who was a gratuitous donee. ",
"Oscar had no duty toward Paul, because Shampoo Company created the risk and had a nondelegable duty to foreseeable users. "
] | 0A | If Paul asserts a claim against Oscar for his dermatitis injuries, Oscar's best defense will be that | Oscar purchased a large bottle of No-Flake dandruff shampoo, manufactured by Shampoo Company. The box containing the bottle stated in part: "CAUTION--Use only 1 capful at most once a day. Greater use may cause severe damage to the scalp." Oscar read the writing on the box, removed the bottle, and threw the box away. Os... | |
A statute of the state of Wasminia prohibits the use of state-owned or state-operated facilities for the performance of abortions that are not "necessary to save the life of the mother." That statute also prohibits state employees from performing any such abortions during the hours they are employed by the state. Citiz... | [
"unconstitutional, because a limit on the availability of abortions performed by state employees or in state-owned or state-operated facilities to situations in which it is necessary to save the life of the mother impermissibly interferes with the fundamental right of Citizen to decide whether to have a child. ",
... | 2C | In this case, the court will probably hold that the Wasminia statute is | A statute of the state of Wasminia prohibits the use of state-owned or state-operated facilities for the performance of abortions that are not "necessary to save the life of the mother." That statute also prohibits state employees from performing any such abortions during the hours they are employed by the state. Citiz... | |
Oscar, owner of Greenacre, conveyed Greenacre by quitclaim deed as a gift to Ann, who did not then record her deed. Later, Oscar conveyed Greenacre by warranty deed to Belle, who paid valuable consideration, knew nothing of Ann's claim, and promptly and properly recorded. Next, Ann recorded her deed. Then Belle conveye... | [
"Cal, because Ann was a donee. ",
"Cal, because Belle's purchase cut off Ann's rights. ",
"Ann, because she recorded before Cal. ",
"Ann, because Cal was a subsequent donee. "
] | 1B | The court will hold for | Oscar, owner of Greenacre, conveyed Greenacre by quitclaim deed as a gift to Ann, who did not then record her deed. Later, Oscar conveyed Greenacre by warranty deed to Belle, who paid valuable consideration, knew nothing of Ann's claim, and promptly and properly recorded. Next, Ann recorded her deed. Then Belle conveye... | |
While Driver was taking a leisurely spring drive, he momentarily took his eyes off the road to look at some colorful trees in bloom. As a result, his car swerved a few feet off the roadway, directly toward Walker, who was standing on the shoulder of the road waiting for a chance to cross. When Walker saw the car bearin... | [
"denied, because the record shows that Walker apprehended an imminent, harmful contact with Driver's car. ",
"denied, because a jury could find that Driver negligently caused Walker to suffer a legally compensable injury. ",
"granted, because the proximate cause of Walker's injury was his own voluntary act. ",
... | 1B | Driver's motion should be | While Driver was taking a leisurely spring drive, he momentarily took his eyes off the road to look at some colorful trees in bloom. As a result, his car swerved a few feet off the roadway, directly toward Walker, who was standing on the shoulder of the road waiting for a chance to cross. When Walker saw the car bearin... | |
In which of the following situations is the defendant most likely to be convicted, even though he did not intend to bring about the harm that the statute defining the offense is designed to prevent? | [
"Defendant was the president of an aspirin manufacturing company. A federal inspector discovered that a large number of aspirin tablets randomly scattered of aspirin tablets randomly scattered through several bottles in a carton ready for shipment were laced with arsenic. Defendant is charged with attempted introdu... | 1B | In which of the following situations is the defendant most likely to be convicted, even though he did not intend to bring about the harm that the statute defining the offense is designed to prevent? | ||
Happy-Time Beverages agreed in writing with Fizzy Cola Company to serve for three years as a distributor in a six-county area of Fizzy Cola, which contains a small amount of caffeine. Happy-Time promised in the contract to "promote in good faith the sale of Fizzy Cola" in that area; but the contract said nothing about ... | [
"Cool Cola's national advertising campaign disparages the Fizzy Cola product by saying, \"You don't need caffeine and neither does your cola.\" ",
"Since Happy-Time began to distribute Cool Cola, the sales of Fizzy Cola have dropped 3% in the six-county area. ",
"Prior to signing the contract with Fizzy Cola Co... | 3D | If Fizzy Cola Company sues Happy-Time for breach of their distribution contract, which of the following facts, if established, would most strengthen Fizzy's case? | Happy-Time Beverages agreed in writing with Fizzy Cola Company to serve for three years as a distributor in a six-county area of Fizzy Cola, which contains a small amount of caffeine. Happy-Time promised in the contract to "promote in good faith the sale of Fizzy Cola" in that area; but the contract said nothing about ... | |
Dove is on trial for theft. At trial, the prosecutor called John and May Wong. They testified that, as they looked out their apartment window, they saw thieves across the street break the window of a jewelry store, take jewelry, and leave in a car. Mrs. Wong telephoned the police and relayed to them the license number ... | [
"admissible, under the hearsay exception for present sense impressions. ",
"admissible, as nonhearsay circumstantial evidence. ",
"inadmissible, because it is hearsay not within any exception. ",
"inadmissible, because May Wong never had firsthand knowledge of the license number. "
] | 0A | The tape recording of May Wong's stating the license number is | Dove is on trial for theft. At trial, the prosecutor called John and May Wong. They testified that, as they looked out their apartment window, they saw thieves across the street break the window of a jewelry store, take jewelry, and leave in a car. Mrs. Wong telephoned the police and relayed to them the license number ... | |
Diggers Construction Company was engaged in blasting operations to clear the way for a new road. Diggers had erected adequate barriers and posted adequate warning signs in the vicinity of the blasting. Although Paul read and understood the signs, he entered the area to walk his dog. As a result of the blasting, Paul wa... | [
"not prevail, if Diggers exercised reasonable care to protect the public from harm. ",
"not prevail, because Paul understood the signs and disregarded the warnings. ",
"prevail, because Paul was harmed by Diggers's abnormally dangerous activity. ",
"prevail, unless Paul failed to use reasonable care to protec... | 1B | In an action by Paul against Diggers to recover damages for his injuries, Paul will | Diggers Construction Company was engaged in blasting operations to clear the way for a new road. Diggers had erected adequate barriers and posted adequate warning signs in the vicinity of the blasting. Although Paul read and understood the signs, he entered the area to walk his dog. As a result of the blasting, Paul wa... | |
Pike sued Day City Community Church for damages he suffered when Pike crashed his motorcycle in an attempt to avoid a cow that had escaped from its corral. The cow and corral belonged to a farm that had recently been left by will to the church. At trial, Pike seeks to ask Defendant's witness, Winters, whether she is a ... | [
"improper, because evidence of a witness's religious beliefs is not admissible to impeach credibility. ",
"improper, because it violates First Amendment and privacy rights. ",
"proper, for the purpose of ascertaining partiality or bias. ",
"proper, for the purpose of showing capacity to appreciate the nature ... | 2C | The question is | Pike sued Day City Community Church for damages he suffered when Pike crashed his motorcycle in an attempt to avoid a cow that had escaped from its corral. The cow and corral belonged to a farm that had recently been left by will to the church. At trial, Pike seeks to ask Defendant's witness, Winters, whether she is a ... | |
Radon is a harmful gas found in the soil of certain regions of the United States. A statute of the state of Magenta requires occupants of residences with basements susceptible to the intrusion of radon to have their residences tested for the presence of radon and to take specified remedial steps if the test indicates t... | [
"WeTest, because the full faith and credit clause of the Constitution requires Magenta to respect and give effect to the action of the EPA in including WeTest on its list of testers that use reasonably accurate methods. ",
"WeTest, because the supremacy clause of (B) WeTest, because the supremacy clause of the Co... | 2C | In this suit, the court will probably rule in favor of | Radon is a harmful gas found in the soil of certain regions of the United States. A statute of the state of Magenta requires occupants of residences with basements susceptible to the intrusion of radon to have their residences tested for the presence of radon and to take specified remedial steps if the test indicates t... | |
Bitz, an amateur computer whiz, agreed in writing to design for the Presskey Corporation, writing to design for the Presskey Corporation, a distributor of TV game systems, three new games a year for a five-year period. The writing provided, in a clause separately signed by Bitz, that "No modification shall be binding o... | [
"Yes, because the contract's no-oralmodification clause was not expressly waived by Presskey. ",
"Yes, because the contract's no-oralmodification clause was a material part of the agreed exchange and could not be avoided without new consideration. ",
"No, because the contract's no-oralmodification clause was un... | 3D | Is this result likely to be reversed on appeal? | Bitz, an amateur computer whiz, agreed in writing to design for the Presskey Corporation, writing to design for the Presskey Corporation, a distributor of TV game systems, three new games a year for a five-year period. The writing provided, in a clause separately signed by Bitz, that "No modification shall be binding o... | |
Test owned Blackacre, a vacant one-acre tract of land in State. Five years ago, he executed a deed conveying Blackacre to "Church for the purpose of erecting a church building thereon." Three years ago, Test died leaving Sonny as his sole heir at law. His duly probated will left "all my Estate, both real and personal, ... | [
"Developer.",
"Sonny.",
"Fanny.",
"the state official."
] | 0A | In such action, the court should find that title is now in | Test owned Blackacre, a vacant one-acre tract of land in State. Five years ago, he executed a deed conveying Blackacre to "Church for the purpose of erecting a church building thereon." Three years ago, Test died leaving Sonny as his sole heir at law. His duly probated will left "all my Estate, both real and personal, ... | |
Mr. Denby was charged with the sale of narcotics. The federal prosecutor arranged with Mrs. Denby for her to testify against her husband in exchange for leniency in her case. At trial, the prosecution calls Mrs. Denby, who had been granted immunity from prosecution, to testify, among other things, that she saw her husb... | [
"Mrs. Denby cannot be called as a witness over her husband's objection.",
"Mrs. Denby can be called as a witness but cannot testify, over Mr. Denby's objection, that she saw him sell heroin. ",
"Mrs. Denby can refuse to be a witness against her husband.",
"Mrs. Denby can be required to be a witness and to tes... | 2C | Which of the following statements is most clearly correct in the federal courts? | Mr. Denby was charged with the sale of narcotics. The federal prosecutor arranged with Mrs. Denby for her to testify against her husband in exchange for leniency in her case. At trial, the prosecution calls Mrs. Denby, who had been granted immunity from prosecution, to testify, among other things, that she saw her husb... | |
Freund, a U.S. west-coast manufacturer, gave Wrench, a hardware retailer who was relocating to the east coast, the following "letter of introduction" to Tuff, an east-coast hardware wholesaler. hardware wholesaler. This will introduce you to my good friend and former customer, Wrench, who will be seeking to arrange the... | [
"It was important to enforceability of Freund's promise to Tuff that it be embodied in a signed writing.",
"By extending the credit to Wrench, Tuff effectively accepted Freund's offer for a unilateral contract. ",
"Although Freund received no consideration from Wrench, Freund's promise is enforceable by Tuff. "... | 3D | Which of the following is NOT an accurate statement concerning the arrangement between Freund and Tuff? | Freund, a U.S. west-coast manufacturer, gave Wrench, a hardware retailer who was relocating to the east coast, the following "letter of introduction" to Tuff, an east-coast hardware wholesaler. hardware wholesaler. This will introduce you to my good friend and former customer, Wrench, who will be seeking to arrange the... | |
The legislature of the state of Gray recently enacted a statute forbidding public utilities regulated by the Gray Public Service Commission to increase their rates more than once every two years. Economy Electric Power Company, a public utility regulated by that commission, has just obtained approval of the commission ... | [
"hold the statute unconstitutional, because such a moratorium on rate increases deprives utilities of their property without due process of law. ",
"hold the statute constitutional, because the judgment of a legislature on a matter involving economic regulation is entitled to great deference. ",
"dismiss the co... | 2C | In this case, the court should | The legislature of the state of Gray recently enacted a statute forbidding public utilities regulated by the Gray Public Service Commission to increase their rates more than once every two years. Economy Electric Power Company, a public utility regulated by that commission, has just obtained approval of the commission ... | |
Daniel is on trial for evading $100,000 in taxes. The prosecution offers in evidence an anonymous letter to the IRS, identified as being in Daniel's handwriting, saying, "I promised my mother on her deathbed I would try to pay my back taxes. Here is $10,000. I'll make other payments if you promise not to prosecute. Ans... | [
"admissible, as a statement of present intention or plan. ",
"admissible, as an admission of a party opponent. ",
"inadmissible, because it is an effort to settle a claim. ",
"inadmissible, because the probative value is substantially outweighed by the risk of unfair prejudice. "
] | 1B | ' " The letter is | Daniel is on trial for evading $100,000 in taxes. The prosecution offers in evidence an anonymous letter to the IRS, identified as being in Daniel's handwriting, saying, "I promised my mother on her deathbed I would try to pay my back taxes. Here is $10,000. I'll make other payments if you promise not to prosecute. Ans... | |
Broker needed a certain rare coin to complete a set that he had contracted to assemble and sell to Collecta. On February 1, Broker obtained such a coin from Hoarda in exchange for $1,000 and Broker's signed, written promise to re-deliver to Hoarda "not later than December 31 this year" a comparable specimen of the same... | [
"Broker did not repudiate the contract on October 17, and may still perform no later than the contract deadline of December 31. ",
"Even if Broker repudiated on October 17, Hoarda's only action would be for specific performance because the coin is a unique chattel. ",
"Under the doctrine of impossibility, which... | 0A | If Broker moves to dismiss Hoarda's complaint, which of the following is Broker's best argument in support of the motion? | Broker needed a certain rare coin to complete a set that he had contracted to assemble and sell to Collecta. On February 1, Broker obtained such a coin from Hoarda in exchange for $1,000 and Broker's signed, written promise to re-deliver to Hoarda "not later than December 31 this year" a comparable specimen of the same... | |
Broker needed a certain rare coin to complete a set that he had contracted to assemble and sell to Collecta. On February 1, Broker obtained such a coin from Hoarda in exchange for $1,000 and Broker's signed, written promise to re-deliver to Hoarda "not later than December 31 this year" a comparable specimen of the same... | [
"Hoarda's implied duty of good faith and fair dealing in enforcement of the contract required her to mitigate her losses on the rising market by suing promptly, as she did, after becoming reasonably apprehensive of a prospective breach by Broker. ",
"Although the doctrine of anticipatory breach is not applicable ... | 2C | If Broker moves to dismiss Hoarda's complaint, which of the following is Hoarda's best argument in opposing the motion? | Broker needed a certain rare coin to complete a set that he had contracted to assemble and sell to Collecta. On February 1, Broker obtained such a coin from Hoarda in exchange for $1,000 and Broker's signed, written promise to re-deliver to Hoarda "not later than December 31 this year" a comparable specimen of the same... | |
Alice owned a commercial property, Eastgate, consisting of a one-story building rented to various retail stores and a very large parking lot. Two years ago, Alice died and left Eastgate to her nephew, Paul, for life, with remainder to her godson, Richard, his heirs and assigns. Paul was 30 years old and Richard was 20 ... | [
"Acme cannot purchase Paul's life estate, because life estates are not assignable. ",
"the proposed demolition of the building constitutes waste.",
"Richard's payment of the mortgage principal has subrogated him to Paul's rights as a life tenant and bars Paul's assignment of the life estate without Richard's co... | 1B | The best argument for Richard is that | Alice owned a commercial property, Eastgate, consisting of a one-story building rented to various retail stores and a very large parking lot. Two years ago, Alice died and left Eastgate to her nephew, Paul, for life, with remainder to her godson, Richard, his heirs and assigns. Paul was 30 years old and Richard was 20 ... | |
Doppler is charged with aggravated assault on Vezy, a game warden. Doppler testified that, when he was confronted by Vezy, who was armed and out of uniform, Doppler believed Vezy was a robber and shot in self-defense. The state calls Willy to testify that a year earlier, he had seen Doppler shoot a man without provocat... | [
"admissible, as evidence of Doppler's untruthfulness. ",
"admissible, as evidence that Doppler did not act in self-defense on this occasion. ",
"inadmissible, because it is improper character evidence. ",
"inadmissible, because it is irrelevant to the defense Doppler raised. "
] | 2C | Willy's testimony is | Doppler is charged with aggravated assault on Vezy, a game warden. Doppler testified that, when he was confronted by Vezy, who was armed and out of uniform, Doppler believed Vezy was a robber and shot in self-defense. The state calls Willy to testify that a year earlier, he had seen Doppler shoot a man without provocat... | |
Eddie worked as the cashier in a restaurant. One night after the restaurant had closed, Eddie discovered that the amount of cash in Eddie discovered that the amount of cash in the cash register did not match the cash register receipt tapes. He took the cash and the tapes, put them in a bag, gave them to Rita, the manag... | [
"larceny.",
"embezzlement.",
"either larceny or embezzlement but not both.",
"neither larceny nor embezzlement."
] | 0A | Eddie is guilty of | Eddie worked as the cashier in a restaurant. One night after the restaurant had closed, Eddie discovered that the amount of cash in Eddie discovered that the amount of cash in the cash register did not match the cash register receipt tapes. He took the cash and the tapes, put them in a bag, gave them to Rita, the manag... | |
A grand jury returned an indictment charging Daniels with bank robbery, and when he could not make bond he was jailed pending trial. He had received Miranda warnings when arrested and had made no statement at that time. The prosecutor arranged to have Innis, an informant, placed as Daniels's cellmate and instructed Inn... | [
"granted, because Daniels's privilege against self-incrimination was violated. ",
"granted, because Daniels's right to counsel was violated. ",
"denied, because Daniels had received Miranda warnings. ",
"denied, because Daniels was not interrogated by Innis. "
] | 1B | The motion should be | A grand jury returned an indictment charging Daniels with bank robbery, and when he could not make bond he was jailed pending trial. He had received Miranda warnings when arrested and had made no statement at that time. The prosecutor arranged to have Innis, an informant, placed as Daniels's cellmate and instructed Inn... | |
Pamela sued Driver for damages for the death of Pamela's husband Ronald, resulting from an automobile collision. At trial, Driver calls Ronald's doctor to testify that the day before his death, Ronald, in great pain, said, "It was my own fault; there's nobody to blame but me." The doctor's testimony should be admitted ... | [
"a statement against interest.",
"a dying declaration.",
"a statement of Ronald's then existing state of mind.",
"an excited utterance."
] | 0A | " The doctor's testimony should be admitted as | Pamela sued Driver for damages for the death of Pamela's husband Ronald, resulting from an automobile collision. At trial, Driver calls Ronald's doctor to testify that the day before his death, Ronald, in great pain, said, "It was my own fault; there's nobody to blame but me. | |
Clerk is a clerical worker who has been employed for the past two years in a permanent position in the Wasmania County Public Records Office in the state of Orange. Clerk has been responsible for copying and filing records of real estate transactions in that office. Clerk works in a nonpublic part of the office and has... | [
"unconstitutional, because it constitutes a taking without just compensation of Clerk's property interest in his permanent position with the county. ",
"unconstitutional, because in light of Clerk's particular employment duties his right to express himself on a matter of public concern outweighed any legitimate i... | 1B | In this case, the court should hold that the county recorder's dismissal of Clerk was | Clerk is a clerical worker who has been employed for the past two years in a permanent position in the Wasmania County Public Records Office in the state of Orange. Clerk has been responsible for copying and filing records of real estate transactions in that office. Clerk works in a nonpublic part of the office and has... | |
Slalome, a ski-shop operator, in a telephone conversation with Mitt, a glove manufacturer, ordered 12 pairs of vortex-lined ski gloves at Mitt's list price of $600 per dozen "for delivery in 30 days." Mitt orally accepted the offer, and immediately faxed to Slalome this signed memo: "Confirming our agreement today for ... | [
"Yes, because the gloves were identified to the contract and tendered to Slalome. ",
"Yes, because Mitt's faxed memo to Slalome was sufficient to make the agreement enforceable. ",
"No, because the agreed price was $600 and Slalome never signed a writing evidencing a contract with Mitt. ",
"No, because Slalom... | 1B | On learning of the rejection, does Mitt have a cause of action against Slalome for breach of contract? | Slalome, a ski-shop operator, in a telephone conversation with Mitt, a glove manufacturer, ordered 12 pairs of vortex-lined ski gloves at Mitt's list price of $600 per dozen "for delivery in 30 days." Mitt orally accepted the offer, and immediately faxed to Slalome this signed memo: "Confirming our agreement today for ... | |
A burglar stole Collecta's impressionist painting valued at $400,000. Collecta, who had insured the painting for $300,000 with Artistic Insurance Co., promised to pay $25,000 to Snoop, a full-time investigator for Artistic, if he effected the return of the painting to her in good condition. By company rules, Artistic p... | [
"Collecta wins, because Snoop owed Artistic a preexisting duty to recover the picture if possible. ",
"Collecta wins, because Artistic, Snoop's employer, had a preexisting duty to return the recovered painting to Collecta. ",
"Snoop wins, because Collecta will benefit more from return of the $400,000 benefit mo... | 3D | If Collecta refuses to pay Snoop anything, and he sues her for $25,000, what is the probable result under the prevailing modern rule? | A burglar stole Collecta's impressionist painting valued at $400,000. Collecta, who had insured the painting for $300,000 with Artistic Insurance Co., promised to pay $25,000 to Snoop, a full-time investigator for Artistic, if he effected the return of the painting to her in good condition. By company rules, Artistic p... | |
Oren owned Purpleacre, a tract of land, in fee simple. By will duly admitted to probate after his death, Oren devised Purpleacre to "any wife who survives me with remainder to such of my children as are living at her death." Oren was survived by Wen, his wife, and by three children, Cynthia, Cam, and Camelia. Thereafte... | [
"Cynthia, Camelia, and David, because the earliest vesting of remainders is favored and reference to Wen's death should be construed as relating to time of taking possession. ",
"Cynthia, Camelia, and David, because the provision requiring survival of children violates the Rule Against Perpetuities since the surv... | 3D | In such lawsuit, judgment should be that title to Purpleacre is in | Oren owned Purpleacre, a tract of land, in fee simple. By will duly admitted to probate after his death, Oren devised Purpleacre to "any wife who survives me with remainder to such of my children as are living at her death." Oren was survived by Wen, his wife, and by three children, Cynthia, Cam, and Camelia. Thereafte... | |
Allen and Bradley were law school classmates who had competed for the position of editor of the law review. Allen had the higher grade point average, but Bradley was elected editor, largely in recognition of a long and important largely in recognition of a long and important note that had appeared in the review over he... | [
"recover, because Allen's statement was false. ",
"recover, if Allen had substantial doubts about the accuracy of the information he gave the interviewer. ",
"not recover, unless Bradley proves (C) not recover, unless Bradley proves pecuniary loss. ",
"not recover, because the statement was made by Allen only... | 1B | If Bradley asserts a claim against Allen based on defamation, Bradley will | Allen and Bradley were law school classmates who had competed for the position of editor of the law review. Allen had the higher grade point average, but Bradley was elected editor, largely in recognition of a long and important largely in recognition of a long and important note that had appeared in the review over he... | |
Sue Starr, a minor both in fact and appearance, bought on credit and took delivery of a telescope from 30-year-old Paul Prism for an agreed price of $100. Upon reaching her majority soon thereafter, Starr encountered Prism and said, "I am sorry for not having paid you that $100 for the telescope when the money was due,... | [
"nothing, because Starr was a minor at the time of the original transaction. ",
"nothing, because there was no consideration for the promise made by Starr after reaching majority. ",
"$75.00 ",
"$100.00 "
] | 2C | In an action for breach of contract by Prism against Starr, Prism's probable recovery is | Sue Starr, a minor both in fact and appearance, bought on credit and took delivery of a telescope from 30-year-old Paul Prism for an agreed price of $100. Upon reaching her majority soon thereafter, Starr encountered Prism and said, "I am sorry for not having paid you that $100 for the telescope when the money was due,... | |
Sue Starr, a minor both in fact and appearance, bought on credit and took delivery of a telescope from 30-year-old Paul Prism for an agreed price of $100. Upon reaching her majority soon thereafter, Starr encountered Prism and said, "I am sorry for not having paid you that $100 for the telescope when the money was due,... | [
"None.",
"It makes the promise illusory.",
"It requires Starr to prove her inability to pay.",
"It requires Prism to prove Starr's ability to pay."
] | 3D | " What effect does this quoted language have on enforceability of the promise? | Sue Starr, a minor both in fact and appearance, bought on credit and took delivery of a telescope from 30-year-old Paul Prism for an agreed price of $100. Upon reaching her majority soon thereafter, Starr encountered Prism and said, "I am sorry for not having paid you that $100 for the telescope when the money was due,... | |
Beach owned a tract of land called Blackacre. An old road ran through Blackacre from the abutting public highway. The road had been used to haul wood from Blackacre. Without Beach's permission and with no initial right, Daniel, the owner of Whiteacre, which adjoined Blackacre, traveled over the old road for a period of... | [
"lose as to both defendants.",
"win as to both defendants.",
"win as to Beach, but lose as to Daniel. ",
"win as to Daniel, but lose as to Beach. "
] | 0A | In this action, Carrol will | Beach owned a tract of land called Blackacre. An old road ran through Blackacre from the abutting public highway. The road had been used to haul wood from Blackacre. Without Beach's permission and with no initial right, Daniel, the owner of Whiteacre, which adjoined Blackacre, traveled over the old road for a period of... | |
Prine sued Dover for an assault that occurred March 5 in California. To support his defense that he was in Utah on that date, Dover identifies and seeks to introduce a letter he wrote to his sister a week before the assault in which he stated that he would see her in Utah on March 5. The letter is | [
"admissible, within the state of mind exception to the hearsay rule. ",
"admissible, as a prior consistent statement to support Dover's credibility as a witness. ",
"inadmissible, because it lacks sufficient probative value. ",
"inadmissible, because it is a statement of belief to prove the fact believed. "
] | 0A | The letter is | Prine sued Dover for an assault that occurred March 5 in California. To support his defense that he was in Utah on that date, Dover identifies and seeks to introduce a letter he wrote to his sister a week before the assault in which he stated that he would see her in Utah on March 5. | |
Maple City has an ordinance that prohibits the location of "adult theaters and bookstores" (theaters and bookstores presenting sexually explicit performances or materials) in residential or commercial zones within the city. The ordinance was intended to protect surrounding property from the likely adverse secondary eff... | [
"The ordinance is valid, because a city may enforce zoning restrictions on speech-related businesses to ensure that the messages they disseminate are acceptable to the residents of adjacent property. ",
"The ordinance is valid, because a city may enforce this type of time, place, and manner regulation on speech-r... | 1B | Which of the following statements regarding the constitutionality of this Maple City ordinance is most accurate? | Maple City has an ordinance that prohibits the location of "adult theaters and bookstores" (theaters and bookstores presenting sexually explicit performances or materials) in residential or commercial zones within the city. The ordinance was intended to protect surrounding property from the likely adverse secondary eff... | |
Kingsley was prosecuted for selling cocaine to an undercover police agent. At his trial, he testified that he only sold the drugs to the agent, whom Kingsley knew as "Speedy," because Speedy had told him that he (Speedy) would be killed by fellow gang members unless he supplied them with cocaine. The prosecution did no... | [
"reversed, because it was an error for the court to admit the evidence of his prior convictions as substantive evidence. ",
"reversed, because it was a violation of due process to impose on the defense a burden of persuasion concerning entrapment. ",
"reversed, for both of the above reasons. ",
"affirmed, bec... | 3D | On appeal, Kingsley's conviction should be | Kingsley was prosecuted for selling cocaine to an undercover police agent. At his trial, he testified that he only sold the drugs to the agent, whom Kingsley knew as "Speedy," because Speedy had told him that he (Speedy) would be killed by fellow gang members unless he supplied them with cocaine. The prosecution did no... | |
Pat sustained personal injuries in a three-car collision caused by the concurrent negligence of the three drivers, Pat, Donald, and Drew. In Pat's action for damages against Donald and Drew, the jury apportioned the negligence 30% to Pat, 30% to Donald, and 40% to Drew. Pat's total damages were $100,000. Assume for thi... | [
"$70,000 from Donald, and then Donald will be entitled to collect $40,000 from Drew. ",
"$30,000 from Donald, and then Donald will be entitled to collect $10,000 from Drew. ",
"$30,000 from Donald, and then Donald will be entitled to collect nothing from Drew. ",
"nothing from Donald, because Donald's percent... | 0A | If Pat chooses to execute against Donald alone, she will be entitled to collect at most | Pat sustained personal injuries in a three-car collision caused by the concurrent negligence of the three drivers, Pat, Donald, and Drew. In Pat's action for damages against Donald and Drew, the jury apportioned the negligence 30% to Pat, 30% to Donald, and 40% to Drew. Pat's total damages were $100,000. Assume for thi... | |
Pat sustained personal injuries in a three-car collision caused by the concurrent negligence of the three drivers, Pat, Donald, and Drew. In Pat's action for damages against Donald and Drew, the jury apportioned the negligence 30% to Pat, 30% to Donald, and 40% to Drew. Pat's total damages were $100,000. Assume for thi... | [
"$70,000 from Donald, and then Donald will be entitled to collect $40,000 from Drew. ",
"$30,000 from Donald, and then Donald will be entitled to collect $10,000 from Drew. ",
"$30,000 from Donald, and then Donald will be entitled to collect nothing from Drew. ",
"nothing from Donald, because Donald's percent... | 2C | If Pat chooses to execute against Donald alone, she will be entitled to collect at most | Pat sustained personal injuries in a three-car collision caused by the concurrent negligence of the three drivers, Pat, Donald, and Drew. In Pat's action for damages against Donald and Drew, the jury apportioned the negligence 30% to Pat, 30% to Donald, and 40% to Drew. Pat's total damages were $100,000. Assume for thi... | |
Tess Traviata owed Dr. Paula Pulmonary, a physician, $25,000 for professional services. Dr. Pulmonary orally assigned this claim to her adult daughter, Bridey, as a wedding gift. Shortly thereafter, on suffering sudden, severe losses in the stock market, Dr. Pulmonary assigned by a signed writing the same claim to her ... | [
"As the assignee prior in time, Bridey can recover $25,000 from Traviata, who acted at her peril in paying Dr. acted at her peril in paying Dr. Pulmonary. ",
"As the sole assignee for value, Margin can recover $25,000 from Traviata, who acted at her peril in paying Dr. Pulmonary. ",
"Neither Bridey nor Margin c... | 3D | Assuming that Article 9 of the Uniform Commercial Code does NOT apply to either of the assignments in this situation, which of the following is a correct statement of the parties' rights and liabilities? | Tess Traviata owed Dr. Paula Pulmonary, a physician, $25,000 for professional services. Dr. Pulmonary orally assigned this claim to her adult daughter, Bridey, as a wedding gift. Shortly thereafter, on suffering sudden, severe losses in the stock market, Dr. Pulmonary assigned by a signed writing the same claim to her ... | |
Patten suffered from a serious, though not immediately life-threatening, impairment of his circulatory system. Patten's cardiologist recommended a cardiac bypass operation and referred Patten to Dr. Cutter. Cutter did not inform Patten of the 2% risk of death associated with this operation. Cutter defended his decision... | [
"No, if Cutter used his best personal judgment in shielding Patten from the risk statistic. ",
"No, because the operation was successful and Patten suffered no harm. ",
"Yes, if Patten would have refused the operation had he been informed of the risk. ",
"Yes, because a patient must be told the risk factor as... | 1B | If Patten asserts a claim against Cutter based on negligence, will Patten prevail? | Patten suffered from a serious, though not immediately life-threatening, impairment of his circulatory system. Patten's cardiologist recommended a cardiac bypass operation and referred Patten to Dr. Cutter. Cutter did not inform Patten of the 2% risk of death associated with this operation. Cutter defended his decision... | |
A statute of the state of Orrington provides that assessments of real property for tax purposes must represent the "actual value" of the property. The Blue County Tax Commission, in making its assessments, has uniformly and consistently determined the "actual value" of real property solely by reference to the price at ... | [
"deprives Owner of the equal protection of the laws.",
"deprives Owner of a privilege or immunity of national citizenship.",
"constitutes a taking of private property for public use without just compensation.",
"constitutes an ex post facto law."
] | 0A | The strongest constitutional argument to support Owner's claim is that the comparative overvaluation of Owner's property by the Blue County Tax Commission in making tax assessments over time | A statute of the state of Orrington provides that assessments of real property for tax purposes must represent the "actual value" of the property. The Blue County Tax Commission, in making its assessments, has uniformly and consistently determined the "actual value" of real property solely by reference to the price at ... | |
Plaza Hotel sued Plaza House Hotel for infringement of its trade name. To establish a likelihood of name confusion, Plaintiff Plaza Hotel offers a series of memoranda which it had asked its employees to prepare at the end of each day listing instances during the day in which telephone callers, cab drivers, customers, a... | [
"excluded, because they are more unfairly prejudicial and confusing than probative. ",
"excluded, because they are hearsay not within any exception. ",
"admitted, because they are records of regularly conducted business activity. ",
"admitted, because they are past recollection recorded."
] | 1B | The memoranda should be | Plaza Hotel sued Plaza House Hotel for infringement of its trade name. To establish a likelihood of name confusion, Plaintiff Plaza Hotel offers a series of memoranda which it had asked its employees to prepare at the end of each day listing instances during the day in which telephone callers, cab drivers, customers, a... | |
Walter, a 16-year-old, purchased an educational chemistry set manufactured by Chemco. Walter invited his friend and classmate, Peter, to assist him in a chemistry project. Referring to a library chemistry book on explosives and finding that the chemistry set contained all of the necessary chemicals, Walter and Peter ag... | [
"prevail, if the chemistry set did not contain a warning that its contents could be combined to form dangerous explosives. ",
"prevail, because manufacturers of chemistry sets are engaged in an abnormally dangerous activity. ",
"not prevail, because Walter's negligence was the cause in fact of Peter's injury. "... | 3D | In a suit by Peter against Chemco, based on strict liability, Peter will | Walter, a 16-year-old, purchased an educational chemistry set manufactured by Chemco. Walter invited his friend and classmate, Peter, to assist him in a chemistry project. Referring to a library chemistry book on explosives and finding that the chemistry set contained all of the necessary chemicals, Walter and Peter ag... | |
While walking home one evening, Harold, an off-duty police officer, was accosted by Jones, a stranger. Jones had been drinking and mistakenly thought Harold was a man who was having an affair with his wife. Intending to frighten Harold but not to harm him, Jones pulled out a knife, screamed obscenities, and told Harold... | [
"sustained, because Harold reasonably believed Jones was planning to kill him and that deadly force was required. ",
"sustained, because the killing was in hot blood upon sufficient provocation. ",
"denied, because Jones did not in fact intend to harm Harold and Harold was incorrect in believing that he did. ",... | 0A | Harold's claim of self-defense should be | While walking home one evening, Harold, an off-duty police officer, was accosted by Jones, a stranger. Jones had been drinking and mistakenly thought Harold was a man who was having an affair with his wife. Intending to frighten Harold but not to harm him, Jones pulled out a knife, screamed obscenities, and told Harold... | |
Anna entered a hospital to undergo surgery and feared that she might not survive. She instructed her lawyer by telephone to prepare a deed conveying Blackacre, a large tract of undeveloped land, as a gift to her nephew, Bernard, who lived in a distant state. Her instructions were followed, and, prior to her surgery, sh... | [
"the gift of Blackacre was inter vivos rather than causa mortis.",
"the showing of Bernard's estate as the owner of Blackacre on the tax rolls supplied what otherwise would be a missing essential element for a valid conveyance.",
"disappointing Bernard's devisee would violate the religious freedom provisions of... | 3D | If Anna loses, it will be because | Anna entered a hospital to undergo surgery and feared that she might not survive. She instructed her lawyer by telephone to prepare a deed conveying Blackacre, a large tract of undeveloped land, as a gift to her nephew, Bernard, who lived in a distant state. Her instructions were followed, and, prior to her surgery, sh... | |
In a prosecution of Doris for murder, the government seeks to introduce a properly authenticated note written by the victim that reads: "Doris did it." In laying the foundation for admitting the note as a dying declaration, the prosecution offered an affidavit from the attending physician that the victim knew she was a... | [
"a preliminary fact question for the judge, and the judge must not consider the affidavit. ",
"a preliminary fact question for the judge, and the judge may properly consider the affidavit. ",
"a question of weight and credibility for the jury, and the jury must not consider the affidavit. ",
"a question of we... | 1B | The admissibility of the note as a dying declaration is | In a prosecution of Doris for murder, the government seeks to introduce a properly authenticated note written by the victim that reads: "Doris did it." In laying the foundation for admitting the note as a dying declaration, the prosecution offered an affidavit from the attending physician that the victim knew she was a... | |
As Paul, a bartender, was removing the restraining wire from a bottle of champagne produced and bottled by Winery, Inc., the plastic stopper suddenly shot out of the bottle. The stopper struck and injured Paul's eye. Paul had opened other bottles of champagne, and occasionally the stoppers had shot out with great force... | [
"No, if the jury finds that a legally sufficient warning would not have prevented Paul's injury. ",
"No, if a reasonable bartender would have realized that a stopper could eject from the bottle and hit his eye. ",
"Yes, with damages reduced by the percentage of any contributory fault on Paul's part. ",
"Yes, ... | 0A | If the jury finds that the bottle was defective and unreasonably dangerous because it lacked a warning, will Paul recover a judgment in his favor? | As Paul, a bartender, was removing the restraining wire from a bottle of champagne produced and bottled by Winery, Inc., the plastic stopper suddenly shot out of the bottle. The stopper struck and injured Paul's eye. Paul had opened other bottles of champagne, and occasionally the stoppers had shot out with great force... | |
Swatter, a baseball star, contracted with the Municipal Symphony Orchestra, Inc., to perform for $5,000 at a children's concert as narrator of "Peter and the Wolf." Shortly before the concert, Swatter became embroiled in a highly publicized controversy over whether he had cursed and assaulted a baseball fan. The orches... | [
"affirmed, because the trial court stated the law correctly. ",
"affirmed, because the issue of damages for breach of contract was solely a jury question. ",
"reversed, because the test for limiting damages is what the breaching party could reasonably have foreseen at the time of the breach. ",
"reversed, bec... | 3D | " On Swatter's appeal from a jury verdict for Swatter, and judgment thereon, awarding damages only for the $5,000 fee promised by the orchestra, the judgment will probably be | Swatter, a baseball star, contracted with the Municipal Symphony Orchestra, Inc., to perform for $5,000 at a children's concert as narrator of "Peter and the Wolf." Shortly before the concert, Swatter became embroiled in a highly publicized controversy over whether he had cursed and assaulted a baseball fan. The orches... | |
Road Lines is an interstate bus company operating in a five-state area. A federal statute authorizes the Interstate Commerce Commission (ICC) to permit interstate carriers to discontinue entirely any unprofitable route. Road Lines applied to the ICC for permission to drop a very unprofitable route through the sparsely ... | [
"dismiss the action, because Foley lacks standing to sue. ",
"direct the removal of the case to federal court, because this suit involves a substantial federal question. ",
"hear the case on its merits and decide for Foley because, on these facts, a federal agency is interfering with essential state functions. ... | 3D | The state court should | Road Lines is an interstate bus company operating in a five-state area. A federal statute authorizes the Interstate Commerce Commission (ICC) to permit interstate carriers to discontinue entirely any unprofitable route. Road Lines applied to the ICC for permission to drop a very unprofitable route through the sparsely ... | |
Plaintiff challenged the constitutionality of a state tax law, alleging that it violated the equal protection clauses of both the United States Constitution and the state constitution. The state supreme court agreed and held the tax law to be invalid. It said: "We hold that this state tax law violates the equal protect... | [
"Reverse the state supreme court decision, because the equal protection clause of a state constitution must be construed by the state supreme court in a manner that is congruent with the meaning of the equal protection clause of the federal Constitution. ",
"Reverse the state supreme court decision with respect t... | 1B | How should the United States Supreme Court dispose of the case if it believes that this interpretation of the federal Constitution by the state supreme court raises an important federal question and is incorrect on the merits? | Plaintiff challenged the constitutionality of a state tax law, alleging that it violated the equal protection clauses of both the United States Constitution and the state constitution. The state supreme court agreed and held the tax law to be invalid. It said: "We hold that this state tax law violates the equal protect... | |
A federal statute prohibits the construction of nuclear energy plants in this country without a license from the Federal Nuclear Plant Siting Commission. The statute provides that the Commission may issue a license authorizing the construction of a proposed nuclear energy plant 30 days after the Commission makes a find... | [
"invalid, because any determination by Congress that particular agency action does not satisfy statutory criteria violates Article III, Section 1 of the Constitution because it constitutes the performance of a judicial function by the legislative branch. ",
"invalid, because Article I, Section 7 of the Constituti... | 1B | , to be | A federal statute prohibits the construction of nuclear energy plants in this country without a license from the Federal Nuclear Plant Siting Commission. The statute provides that the Commission may issue a license authorizing the construction of a proposed nuclear energy plant 30 days after the Commission makes a find... | |
A jurisdiction has the following decisional law on questions of principal and accomplice liability: CASE A: Defendant, a hardware store owner, sold several customers an item known as a "SuperTrucker," which detects police radar and enables speeders to avoid detection. When one of the devices broke down and the speeder ... | [
"convicted on the authority of Case A.",
"convicted on the authority of Case B.",
"acquitted on the authority of Case C.",
"acquitted on the authority of Case D."
] | 2C | He should be | A jurisdiction has the following decisional law on questions of principal and accomplice liability: CASE A: Defendant, a hardware store owner, sold several customers an item known as a "SuperTrucker," which detects police radar and enables speeders to avoid detection. When one of the devices broke down and the speeder ... | |
A jurisdiction has the following decisional law on questions of principal and accomplice liability: CASE A: Defendant, a hardware store owner, sold several customers an item known as a "SuperTrucker," which detects police radar and enables speeders to avoid detection. When one of the devices broke down and the speeder ... | [
"convicted on the authority of Case A.",
"convicted on the authority of Case B.",
"acquitted on the authority of Case C.",
"acquitted on the authority of Case D."
] | 1B | He should be | A jurisdiction has the following decisional law on questions of principal and accomplice liability: CASE A: Defendant, a hardware store owner, sold several customers an item known as a "SuperTrucker," which detects police radar and enables speeders to avoid detection. When one of the devices broke down and the speeder ... | |
A jurisdiction has the following decisional law on questions of principal and accomplice liability: CASE A: Defendant, a hardware store owner, sold several customers an item known as a "SuperTrucker," which detects police radar and enables speeders to avoid detection. When one of the devices broke down and the speeder ... | [
"convicted on the authority of Case A.",
"convicted on the authority of Case B.",
"acquitted on the authority of Case C.",
"acquitted on the authority of Case D."
] | 0A | Charged with burglary, Larson should be | A jurisdiction has the following decisional law on questions of principal and accomplice liability: CASE A: Defendant, a hardware store owner, sold several customers an item known as a "SuperTrucker," which detects police radar and enables speeders to avoid detection. When one of the devices broke down and the speeder ... | |
Congressional hearings determined that the use of mechanical power hammers is very dangerous to the persons using them and to persons in the vicinity of the persons using them. As a result, Congress enacted a statute prohibiting the use of mechanical power hammers on all construction projects in the United States. Subs... | [
"unconstitutional, because it was enacted subsequent to the federal statute. ",
"unconstitutional, because it conflicts with the provisions of the federal statute. ",
"constitutional, because the federal statute does not expressly indicate that it supersedes inconsistent state or local laws. ",
"constitutiona... | 1B | This amendment to the city of Green's building safety code is | Congressional hearings determined that the use of mechanical power hammers is very dangerous to the persons using them and to persons in the vicinity of the persons using them. As a result, Congress enacted a statute prohibiting the use of mechanical power hammers on all construction projects in the United States. Subs... | |
Under a written agreement Superpastries, Inc., promised to sell its entire output of baked buns at a specified unit price to Bonnie's Buns, Inc., a retailer, for one year. Bonnie's Buns promised not to sell any other supplier's baked buns. For this question only, assume the following facts. Shortly after making the con... | [
"Bonnie's Buns wins, because mutuality of obligation was lacking in that Bonnie's Buns made no express promise to buy any of Superpastries' baked buns. ",
"Bonnie's Buns wins, because the agreement was void for indefiniteness of quantity and total price for the year involved. ",
"Superpastries wins, because Bon... | 2C | Which of the following will the court probably decide? | Under a written agreement Superpastries, Inc., promised to sell its entire output of baked buns at a specified unit price to Bonnie's Buns, Inc., a retailer, for one year. Bonnie's Buns promised not to sell any other supplier's baked buns. For this question only, assume the following facts. Shortly after making the con... | |
Under a written agreement Superpastries, Inc., promised to sell its entire output of baked buns at a specified unit price to Bonnie's Buns, Inc., a retailer, for one year. Bonnie's Buns promised not to sell any other supplier's baked buns. For this question only, assume the following facts. The parties' contract includ... | [
"Summary judgment for Bonnie's Buns, because as a matter of law Superpastries could not discontinue production of baked buns merely because it was losing money on that product. ",
"Summary judgment for Superpastries, because its cessation of baked-bun production and Bonnie's Buns' awareness thereof amounted as a ... | 2C | Which of the following should the court rule? | Under a written agreement Superpastries, Inc., promised to sell its entire output of baked buns at a specified unit price to Bonnie's Buns, Inc., a retailer, for one year. Bonnie's Buns promised not to sell any other supplier's baked buns. For this question only, assume the following facts. The parties' contract includ... | |
Dirk is on trial for the brutal murder of Villas. Dirk's first witness, Wesley, testified that in her opinion Dirk is a peaceful and nonviolent person. The prosecution does not crossexamine Wesley, who is then excused from further attendance. Which one of the following is INADMISSIBLE during the prosecution's rebuttal?... | [
"Testimony by Wesley's former employer that Wesley submitted a series of false expense vouchers two years ago.",
"Testimony by a police officer that Dirk has a long-standing reputation in the community as having a violent temper.",
"Testimony by a neighbor that Wesley has a long-standing reputation in the commu... | 0A | Which one of the following is INADMISSIBLE during the prosecution's rebuttal? | Dirk is on trial for the brutal murder of Villas. Dirk's first witness, Wesley, testified that in her opinion Dirk is a peaceful and nonviolent person. The prosecution does not crossexamine Wesley, who is then excused from further attendance. | |
Amos owned Greenfield, a tract of land. His friend Bert wanted to buy Greenfield and offered $20,000 for it. Amos knew that Bert was insolvent, but replied, "As a favor to you as an old friend, I will sell Greenfield to you for $20,000, even though it is worth much more, if you can raise the money within one month." Be... | [
"I only.",
"I and II only.",
"II and III only.",
"I, II, and III. "
] | 3D | Which will be relevant to a decision in favor of Bert? | Amos owned Greenfield, a tract of land. His friend Bert wanted to buy Greenfield and offered $20,000 for it. Amos knew that Bert was insolvent, but replied, "As a favor to you as an old friend, I will sell Greenfield to you for $20,000, even though it is worth much more, if you can raise the money within one month." Be... | |
Modality City has had a severe traffic problem on its streets. As a result, it enacted an ordinance prohibiting all sales to the public of food or other items by persons selling directly from trucks, cars, or other vehicles located on city streets. The ordinance included an inseverable grandfather provision exempting f... | [
"constitutional, because it is narrowly tailored to implement the city's compelling interest in reducing traffic congestion and, therefore, satisfies the strict scrutiny test applicable to such cases. ",
"constitutional, because its validity is governed by the rational basis test, and the courts consistently defe... | 1B | In this case, the court will probably rule that the ordinance is | Modality City has had a severe traffic problem on its streets. As a result, it enacted an ordinance prohibiting all sales to the public of food or other items by persons selling directly from trucks, cars, or other vehicles located on city streets. The ordinance included an inseverable grandfather provision exempting f... | |
Doe, the governor of State, signed a death warrant for Rend, a convicted murderer. Able and Baker are active opponents of the death penalty. At a demonstration protesting the execution of Rend, Able and Baker carried large signs that stated, "Governor Doe - Murderer." Television station XYZ broadcast news coverage of t... | [
"Yes, because the signs would cause persons to hold Doe in lower esteem. ",
"Yes, if Doe proves that XYZ showed the signs with knowledge of falsity or reckless disregard of the truth that Doe had not committed homicide. ",
"No, unless Doe proves he suffered pecuniary loss resulting from harm to his reputation p... | 3D | If Governor Doe asserts a defamation claim against XYZ, will Doe prevail? | Doe, the governor of State, signed a death warrant for Rend, a convicted murderer. Able and Baker are active opponents of the death penalty. At a demonstration protesting the execution of Rend, Able and Baker carried large signs that stated, "Governor Doe - Murderer." Television station XYZ broadcast news coverage of t... | |
Doe, the governor of State, signed a death warrant for Rend, a convicted murderer. Able and Baker are active opponents of the death penalty. At a demonstration protesting the execution of Rend, Able and Baker carried large signs that stated, "Governor Doe - Murderer." Television station XYZ broadcast news coverage of t... | [
"Yes, if the broadcast showing the signs caused Doe to suffer severe emotional distress. ",
"Yes, because the assertion on the signs was extreme and outrageous. ",
"No, unless Doe suffered physical harm as a consequence of the emotional distress caused by the signs. ",
"No, because XYZ did not publish a false... | 3D | If Doe asserts against XYZ a claim for damages for intentional infliction of emotional distress, will Doe prevail? | Doe, the governor of State, signed a death warrant for Rend, a convicted murderer. Able and Baker are active opponents of the death penalty. At a demonstration protesting the execution of Rend, Able and Baker carried large signs that stated, "Governor Doe - Murderer." Television station XYZ broadcast news coverage of t... | |
On July 18, Snowco, a shovel manufacturer, received an order for the purchase of 500 snow shovels from Acme, Inc., a wholesaler. Acme had mailed the purchase order on July 15. The order required shipment of the shovels no earlier than September 15 and no later than October 15. Typed conspicuously across the front of th... | [
"No contract was formed, because of Acme's reservation of the right to cancel. ",
"No contract was formed, because Acme's order was only a revocable offer. ",
"A contract was formed, but prior to September 1 it was terminable at the will of either party. ",
"A contract was formed, but prior to September 1 it ... | 0A | As of July 22, which of the following is an accurate statement as to whether a contract was formed? | On July 18, Snowco, a shovel manufacturer, received an order for the purchase of 500 snow shovels from Acme, Inc., a wholesaler. Acme had mailed the purchase order on July 15. The order required shipment of the shovels no earlier than September 15 and no later than October 15. Typed conspicuously across the front of th... | |
On July 18, Snowco, a shovel manufacturer, received an order for the purchase of 500 snow shovels from Acme, Inc., a wholesaler. Acme had mailed the purchase order on July 15. The order required shipment of the shovels no earlier than September 15 and no later than October 15. Typed conspicuously across the front of th... | [
"Acme's order for the shovels, even if initially illusory, became a binding promise to accept and pay for them. ",
"Acme's order was an offer that became an option after shipment by Snowco.",
"Acme's right to cancel was a condition subsequent, the failure of which resulted in an enforceable contract. ",
"In v... | 0A | Which of the following is an accurate statement as of October 10 after Acme rejected the shovels? | On July 18, Snowco, a shovel manufacturer, received an order for the purchase of 500 snow shovels from Acme, Inc., a wholesaler. Acme had mailed the purchase order on July 15. The order required shipment of the shovels no earlier than September 15 and no later than October 15. Typed conspicuously across the front of th... | |
At a country auction, Powell acquired an antique cabinet that he recognized as a "Morenci," an extremely rare and valuable collector's item. Unfortunately, Powell's cabinet had several coats of varnish and paint over the original finish. Its potential value could only be realized if these layers could be removed withou... | [
"Yes, unless no other known removal technique would have preserved the Morenci finish. ",
"Yes, if the loss would not have occurred had the statement in the brochure been true. ",
"No, unless the product was defective when sold by Restorall, Inc. ",
"No, if the product was not dangerous to persons. "
] | 1B | , to recover the loss he has suffered as a result of the destruction of the Morenci finish, will Powell prevail? | At a country auction, Powell acquired an antique cabinet that he recognized as a "Morenci," an extremely rare and valuable collector's item. Unfortunately, Powell's cabinet had several coats of varnish and paint over the original finish. Its potential value could only be realized if these layers could be removed withou... | |
Two adjacent, two-story, commercial buildings were owned by Simon. The first floors of both buildings were occupied by various retail establishments. The second floors were rented to various other tenants. Access to the second floor of each building was reached by a common stairway located entirely in Building 1. While... | [
"Edward, because Dennis has no rights in the stairway. ",
"Edward, because Dennis's rights in the stairway do not extend beyond the normal life of the existing structure. ",
"Dennis, because Dennis has an easement in the stairway and an implied right to keep the stairway in repair. ",
"Dennis, because Dennis ... | 2C | Judgment should be for | Two adjacent, two-story, commercial buildings were owned by Simon. The first floors of both buildings were occupied by various retail establishments. The second floors were rented to various other tenants. Access to the second floor of each building was reached by a common stairway located entirely in Building 1. While... | |
Deeb was charged with stealing furs from a van. At trial, Wallace testified she saw Deeb take the furs. The jurisdiction in which Deeb is being tried does not allow in evidence lie detector results. On cross-examination by Deeb's attorney, Wallace was asked, "The light was too dim to identify Deeb, wasn't it?" She resp... | [
"grant the motion, because the question was leading. ",
"grant the motion, because the probative value of the unresponsive testimony is substantially outweighed by the danger of unfair prejudice. ",
"deny the motion, because it is proper rehabilitation of an impeached witness. ",
"deny the motion, because Dee... | 1B | The trial court should | Deeb was charged with stealing furs from a van. At trial, Wallace testified she saw Deeb take the furs. The jurisdiction in which Deeb is being tried does not allow in evidence lie detector results. On cross-examination by Deeb's attorney, Wallace was asked, "The light was too dim to identify Deeb, wasn't it?" She resp... | |
Park sued Officer Dinet for false arrest. Dinet's defense was that, based on a description he heard over the police radio, he reasonably believed Park was an armed robber. Police radio dispatcher Brigg, reading from a note, had broadcast the description of an armed robber on which Dinet claims to have relied. The defen... | [
"I and II only.",
"I and III only.",
"II and III only.",
"I, II, and III. "
] | 3D | Which of the following are admissible on the issue of what description Dinet heard? | Park sued Officer Dinet for false arrest. Dinet's defense was that, based on a description he heard over the police radio, he reasonably believed Park was an armed robber. Police radio dispatcher Brigg, reading from a note, had broadcast the description of an armed robber on which Dinet claims to have relied. The defen... | |
Aris was the owner in fee simple of adjoining lots known as Lot 1 and Lot 2. He built a house in which he took up residence on Lot 1. Thereafter, he built a house on Lot 2, which he sold, house and lot, to Baker. Consistent with the contract of sale and purchase, the deed conveying Lot 2 from Aris to Baker contained th... | [
"I only.",
"IV only.",
"I and IV only.",
"II and III only."
] | 1B | The Rule Against Perpetuities | Aris was the owner in fee simple of adjoining lots known as Lot 1 and Lot 2. He built a house in which he took up residence on Lot 1. Thereafter, he built a house on Lot 2, which he sold, house and lot, to Baker. Consistent with the contract of sale and purchase, the deed conveying Lot 2 from Aris to Baker contained th... | |
After waiting until all the customers had left, Max entered a small grocery store just before closing time. He went up to the lone clerk in the store and said, "Hand over all the money in the cash register or you will get hurt." The clerk fainted and struck his head on the edge of the counter. As Max went behind the co... | [
"robbery.",
"assault and robbery.",
"attempted robbery.",
"assault and attempted robbery."
] | 2C | On this evidence Max could be convicted of | After waiting until all the customers had left, Max entered a small grocery store just before closing time. He went up to the lone clerk in the store and said, "Hand over all the money in the cash register or you will get hurt." The clerk fainted and struck his head on the edge of the counter. As Max went behind the co... | |
Palko is being treated by a physician for asbestosis, an abnormal chest condition that was caused by his on-the-job handling of materials containing asbestos. His physician has told him that the asbestosis is not presently cancerous, but that it considerably increases the risk that he will ultimately develop lung cance... | [
"No, because Palko's emotional distress did not cause his physical condition. ",
"No, unless the court in this jurisdiction recognizes a cause of action for an increased risk of cancer. ",
"Yes, because the supplier of a dangerous product is strictly liable for the harm it causes. ",
"Yes, because Palko's emo... | 3D | If the supplier is subject to liability to Palko for damages, should the award include damage for emotional distress he has suffered arising from his knowledge of the increased risk that he will develop lung cancer? | Palko is being treated by a physician for asbestosis, an abnormal chest condition that was caused by his on-the-job handling of materials containing asbestos. His physician has told him that the asbestosis is not presently cancerous, but that it considerably increases the risk that he will ultimately develop lung cance... | |
Police received information from an undercover police officer that she had just seen two men (whom she described) in a red pickup truck selling marijuana to schoolchildren near the city's largest high school. A few minutes later, two police officers saw a pickup truck fitting the description a half block from the high ... | [
"grant the motion as to both the marijuana and the cocaine.",
"grant the motion as to the marijuana but deny it as to the cocaine.",
"deny the motion as to the marijuana but grant it as to the cocaine.",
"deny the motion as to both the marijuana and the cocaine."
] | 3D | If the driver moves to suppress the use as evidence of the marijuana and cocaine found in the search of the truck, the court should | Police received information from an undercover police officer that she had just seen two men (whom she described) in a red pickup truck selling marijuana to schoolchildren near the city's largest high school. A few minutes later, two police officers saw a pickup truck fitting the description a half block from the high ... | |
Police received information from an undercover police officer that she had just seen two men (whom she described) in a red pickup truck selling marijuana to schoolchildren near the city's largest high school. A few minutes later, two police officers saw a pickup truck fitting the description a half block from the high ... | [
"grant the motion, because she did not fit the description given by the informant and her mere presence does not justify the search. ",
"grant the motion, because the police should have seized her purse and then obtained a warrant to search it. ",
"deny the motion, because she had been a passenger in the truck ... | 0A | If the young woman moves to suppress the use as evidence of the heroin, the court should | Police received information from an undercover police officer that she had just seen two men (whom she described) in a red pickup truck selling marijuana to schoolchildren near the city's largest high school. A few minutes later, two police officers saw a pickup truck fitting the description a half block from the high ... | |
Len owned two adjoining parcels known as Lot 1 and Lot 2. Both parcels fronted on Main Street and abutted a public alley in the rear. Lot 1 was improved with a commercial building that covered all of the Main Street frontage of Lot 1; there was a large parking lot on the rear of Lot 1 with access from the alley only. F... | [
"Len owned both Lot 1 and Lot 2 until eight years ago.",
"Tenny has access to the parking lot from the alley.",
"mere use of an easement is not adverse possession.",
"no easement was mentioned in the deed from Len to Owen."
] | 0A | If Tenny loses, it will be because | Len owned two adjoining parcels known as Lot 1 and Lot 2. Both parcels fronted on Main Street and abutted a public alley in the rear. Lot 1 was improved with a commercial building that covered all of the Main Street frontage of Lot 1; there was a large parking lot on the rear of Lot 1 with access from the alley only. F... | |
Dewar, a developer, needing a water well on one of his projects, met several times about the matter with Waterman, a well driller. Subsequently, Waterman sent Dewar an unsigned typewritten form captioned "WELL DRILLING PROPOSAL" and stating various terms the two had discussed but not agreed upon, including a "proposed ... | [
"Dewar wins, because his signing of Waterman's form constituted an acceptance of an offer by Waterman. ",
"Dewar wins, because Waterman's commencement of performance constituted an acceptance by Waterman of an offer by Dewar and an implied promise by Waterman to complete the well. ",
"Waterman wins, because he ... | 1B | In an action by Dewar against Waterman for damages, which of the following is the probable decision? | Dewar, a developer, needing a water well on one of his projects, met several times about the matter with Waterman, a well driller. Subsequently, Waterman sent Dewar an unsigned typewritten form captioned "WELL DRILLING PROPOSAL" and stating various terms the two had discussed but not agreed upon, including a "proposed ... | |
In an action brought against Driver by Walker's legal representative, the only proofs that the legal representative offered on liability were that: (1) Walker, a pedestrian, was killed instantly while walking on the shoulder of the highway; (2) Driver was driving the car that struck Walker; and (3) there were no living... | [
"grant the motion, because the legal representative has offered no specific evidence from which reasonable jurors may conclude that Driver was negligent. ",
"grant the motion, because it is just as likely that Walker was negligent as that Driver was negligent. ",
"deny the motion, unless Walker was walking with... | 3D | If, at the end of the plaintiff's case, Driver moves for a directed verdict, the trial judge should | In an action brought against Driver by Walker's legal representative, the only proofs that the legal representative offered on liability were that: (1) Walker, a pedestrian, was killed instantly while walking on the shoulder of the highway; (2) Driver was driving the car that struck Walker; and (3) there were no living... | |
Smith joined a neighborhood gang. At a gang meeting, as part of the initiation process, the leader ordered Smith to kill Hardy, a member of a rival gang. Smith refused, saying he no longer wanted to be part of the group. The leader, with the approval of the other members, told Smith that he had become too involved with... | [
"not guilty, because of the defense of duress. ",
"not guilty, because of the defense of necessity. ",
"guilty of first-degree murder.",
"guilty of second-degree murder."
] | 2C | If Smith killed Hardy because of the threat to his own life, Smith should be found | Smith joined a neighborhood gang. At a gang meeting, as part of the initiation process, the leader ordered Smith to kill Hardy, a member of a rival gang. Smith refused, saying he no longer wanted to be part of the group. The leader, with the approval of the other members, told Smith that he had become too involved with... | |
Ohner and Planner signed a detailed writing in which Planner, a landscape architect, agreed to landscape and replant Ohner's residential property in accordance with a design prepared by Planner and incorporated in the writing. Ohner agreed to pay $10,000 for the work upon its completion. Ohner's spouse was not a party ... | [
"Substantial performance.",
"Promissory estoppel.",
"Irrevocable waiver of condition.",
"Unjust enrichment."
] | 2C | If Planner now sues Ohner for damages for breach of contract, which of the following concepts best supports Planner's claim? | Ohner and Planner signed a detailed writing in which Planner, a landscape architect, agreed to landscape and replant Ohner's residential property in accordance with a design prepared by Planner and incorporated in the writing. Ohner agreed to pay $10,000 for the work upon its completion. Ohner's spouse was not a party ... | |
Arnold and Beverly owned a large tract of land, Blackacre, in fee simple as joint tenants with rights of survivorship. While Beverly was on an extended safari in Kenya, Arnold learned that there were very valuable coal deposits within Blackacre, but he made no attempt to inform Beverly. Thereupon, Arnold conveyed his i... | [
"Alice, because Arnold and Beverly were tenants in common at the time of Arnold's death. ",
"Alice, because Arnold's will severed the joint tenancy. ",
"Beverly, because the joint tenancy was reestablished by Alice's reconveyance to Arnold. ",
"Beverly, because Arnold breached his fiduciary duty as her joint ... | 0A | In this action, who should prevail? | Arnold and Beverly owned a large tract of land, Blackacre, in fee simple as joint tenants with rights of survivorship. While Beverly was on an extended safari in Kenya, Arnold learned that there were very valuable coal deposits within Blackacre, but he made no attempt to inform Beverly. Thereupon, Arnold conveyed his i... | |
At the time of his death last week, Test owned Blackacre, a small farm. By his duly probated will, drawn five years ago, Test did the following: (1) devised Blackacre "to Arthur for the life of Baker, then to Casper"; (2) gave "all the rest, residue and remainder of my Estate, both real and personal, to my friend Fanny... | [
"Arthur for life, remainder to Casper. ",
"Casper, in fee simple. ",
"Sonny, in fee simple. ",
"Fanny, in fee simple."
] | 1B | Title to Blackacre is now in | At the time of his death last week, Test owned Blackacre, a small farm. By his duly probated will, drawn five years ago, Test did the following: (1) devised Blackacre "to Arthur for the life of Baker, then to Casper"; (2) gave "all the rest, residue and remainder of my Estate, both real and personal, to my friend Fanny... |
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