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Lawyers Abel and Baker are the members of the law partnership of Abel and Baker in a small town that has only one other lawyer in it. Abel and Baker do a substantial amount of personal injury work. Client was severely and permanently injured in an automobile collision when struck by an automobile driven by Motorist. Cl...
[ "must have a legal expert from the same locality testify that defendants' conduct was a breach.", "must have a legal expert from the same state testify that defendants' conduct was a breach.", "can rely on the application of the jurors' common knowledge as to whether there was a breach.", "can rely on the jud...
C
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mmlu
Lawyers Abel and Baker are the members of the law partnership of Abel and Baker in a small town that has only one other lawyer in it. Abel and Baker do a substantial amount of personal injury work. Client was severely and permanently injured in an automobile collision when struck by an automobile driven by Motorist. Cl...
[ "would have, but for her lawyers' negligence, recovered from Motorist. ", "had a good faith claim against Motorist that was lost by her lawyers' negligence.", "was severely and permanently injured when struck by Motorist's automobile.", "did not negligently contribute to the failure to have the complaint file...
A
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A state statute divides murder into degrees. First-degree murder is defined as murder with premeditation and deliberation or a homicide in the commission of arson, rape, robbery, burglary, or kidnapping. Second-degree murder is all other murder at common law. In which of the following situations is Defendant most likel...
[ "Immediately after being insulted by Robert, Defendant takes a knife and stabs and kills Robert. ", "Angered over having been struck by Sam, Defendant buys rat poison and puts it into Sam's coffee. Sam drinks the coffee and dies as a result. ", "Intending to injure Fred, Defendant lies in wait and, as Fred come...
B
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On a camping trip in a state park, Rose discovered, near a rubbish heap, metal signs reading, "Natural Wildlife Area €”No Hunting." She took two of the signs and used them to decorate her room at home. She is charged with violation of a state statute which provides, "Any person who appropriates to his own use property ...
[ "guilty, because this is a public welfare offense. ", "guilty, because she should have inquired whether the signs had been abandoned. ", "not guilty if the jury finds that she honestly believed the signs had been abandoned.", "not guilty unless the jury finds that the state had taken adequate steps to inform ...
C
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Ted frequently visited Janet, his next-door neighbor. Janet was separated from her husband, Howard. Howard resided with his mother but jointly owned the house in which Janet resided. Late one night, Ted and Janet were sitting on the bed in Janet's bedroom drinking when Howard burst through the door and told Ted, "Get o...
[ "not guilty, because Ted had as much right as Howard to be in the house. ", "not guilty, because Howard attacked Ted with a deadly weapon. ", "guilty, because Ted's presence in Janet's bedroom prompted Howard's attack. ", "guilty, because Ted's failure to obey Howard's order to leave the house made him a tres...
B
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In 1970, Oscar, owner of a 100-acre tract, prepared and duly recorded a subdivision plan called Happy Acres. The plan showed 90 one-acre lots and a tenacre tract in the center that was designated "Future Public School." Oscar published and distributed a brochure promoting Happy Acres which emphasized the proximity of t...
[ "Sarah has an equitable servitude concerning the use of the tract.", "Sarah, as a taxpayer, has legal interest in the use of the tract. ", "Sarah is a creditor beneficiary of Oscar's promise with respect to the tract.", "Pete is not a bona fide purchaser" ]
A
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mmlu
In 1970, Oscar, owner of a 100-acre tract, prepared and duly recorded a subdivision plan called Happy Acres. The plan showed 90 one-acre lots and a tenacre tract in the center that was designated "Future Public School." Oscar published and distributed a brochure promoting Happy Acres which emphasized the proximity of t...
[ "Sarah, because the restrictive covenant in her deed runs with the land. ", "Sarah, because the presence of the mobile home may adversely affect the market value of her land. ", "Joe, because his deed did not contain the restrictive covenant. ", "Joe, because he is not a direct but a remote grantee of Oscar" ...
A
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In 1970, Oscar, owner of a 100-acre tract, prepared and duly recorded a subdivision plan called Happy Acres. The plan showed 90 one-acre lots and a tenacre tract in the center that was designated "Future Public School." Oscar published and distributed a brochure promoting Happy Acres which emphasized the proximity of t...
[ "Pete, because the school board has been guilty of laches. ", "Pete, because his deed did not refer to the subdivision plan. ", "the school board, because Pete had constructive notice of the proposed use of the tract. ", "the school board, because there has been a dedication and acceptance of the tract." ]
D
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House owns his home in City. On the lawn in front of his home and within five feet of the public sidewalk there was a large tree. The roots of the tree caused the sidewalk to buckle severely and become dangerous. An ordinance of City requires adjacent landowners to keep sidewalks in safe condition. House engaged Contra...
[ "strictly liable, because the tree was on his property. ", "liable for Contractor's negligence if, to House's knowledge, Contractor was engaged in hazardous activity. ", "liable, because he assumed responsibility when he paid Contractor for the repair. ", "liable on the basis of respondeat superior" ]
B
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House owns his home in City. On the lawn in front of his home and within five feet of the public sidewalk there was a large tree. The roots of the tree caused the sidewalk to buckle severely and become dangerous. An ordinance of City requires adjacent landowners to keep sidewalks in safe condition. House engaged Contra...
[ "the tree was on the property of House.", "he repaired the sidewalk at the direction of House.", "he could not reasonably foresee that the tree would fall.", "he was relieved of liability when House paid for the repair" ]
C
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House owns his home in City. On the lawn in front of his home and within five feet of the public sidewalk there was a large tree. The roots of the tree caused the sidewalk to buckle severely and become dangerous. An ordinance of City requires adjacent landowners to keep sidewalks in safe condition. House engaged Contra...
[ "No, if payment by House was an acceptance of the work. ", "No, because House selected Contractor to do the work. ", "Yes, if the judgment against House was based on vicarious liability. ", "Yes, because House's conduct was not a factual cause of the harm." ]
C
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The State of Rio Grande entered into a contract with Roads, Inc., for construction of a fourlane turnpike. Prior to commencement of construction, the legislature, in order to provide funds for parks, repealed the statute authorizing the turnpike and cancelled the agreement with Roads, Inc. Roads, Inc., sued the state t...
[ "valid, because constitutionally the sovereign is not liable except with its own consent. ", "valid, because the legislature is vested with constitutional authority to repeal laws it has enacted. ", "invalid, because a state is equitably estopped to disclaim a valid bid once accepted by it. ", "invalid, becau...
D
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The strongest constitutional basis for the enactment of a federal statute requiring colleges and universities receiving federal funds to offer student aid solely on the basis of need is the
[ "police power.", "war and defense power.", "power to tax and spend for the general welfare.", "power to enforce the privileges and immunities clause of the Fourteenth Amendment." ]
C
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In 1930, Owens, the owner in fee simple of Barrenacres, a large, undeveloped tract of land, granted an easement to the Water District "to install, inspect, repair, maintain, and replace pipes" within a properly delineated strip of land 20 feet wide across Barrenacres. The easement permitted the Water District to enter ...
[ "succeed, because Peterson's deed from Owens did not mention the easement. ", "succeed, because more than 40 years have passed since the Water District last entered Barrenacres. ", "fail, because the Water District's plan is within its rights. 11 ", "fail, because the Water District's plan is fair and equitab...
C
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In 1930, Owens, the owner in fee simple of Barrenacres, a large, undeveloped tract of land, granted an easement to the Water District "to install, inspect, repair, maintain, and replace pipes" within a properly delineated strip of land 20 feet wide across Barrenacres. The easement permitted the Water District to enter ...
[ "succeed, because his deed from Owens did not mention the easement. ", "succeed, because of an implied obligation imposed on the Water District to restore the surface to its condition prior to entry. ", "fail, because of the public interest in maintaining a continuous water supply. ", "fail, because the Water...
D
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In 1960, Omar, the owner in fee simple absolute, conveyed Stoneacre, a five-acre tract of land. The relevant, operative words of the deed conveyed to "Church [a duly organized religious body having power to hold property] for the life of my son, Carl, and from and after the death of my said son, Carl, to all of my gran...
[ "The plaintiffs should succeed, because the interest of Church terminated with the first removal of sand and gravel ", "Church and Darin should be enjoined, and damages should be recovered but impounded for future distribution. ", "The injunction should be granted, but damages should be denied, because Omar and...
B
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In which of the following cases is a conviction of the named defendant for robbery LEAST likely to be upheld?
[ "Johnson forced his way into a woman's home, bound her, and compelled her to tell him that her jewelry was in an adjoining room. Johnson went to the room, took the jewelry, and fled. ", "A confederate of Brown pushed a man in order to cause him to lose his balance and drop his briefcase. Brown picked up the brief...
D
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Green is cited for contempt of the House of Representatives after she refuses to answer certain questions posed by a House Committee concerning her acts while serving as a United States Ambassador. A federal statute authorizes the Attorney General to prosecute contempts of Congress. Pursuant to this law, the House dire...
[ "Illegal, because the Attorney General must prosecute if the House of Representatives directs. ", "Illegal, because the Attorney General must prosecute those who violate federal law. ", "Legal, because ambassadors are immune from prosecution for acts committed in the course of their duties. ", "Legal, becaus...
D
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Green is cited for contempt of the House of Representatives after she refuses to answer certain questions posed by a House Committee concerning her acts while serving as a United States Ambassador. A federal statute authorizes the Attorney General to prosecute contempts of Congress. Pursuant to this law, the House dire...
[ "Green may refuse to answer the questions if she can demonstrate that they are unrelated to matters upon which Congress may legislate.", "the House may question Green on matters pertaining to the expenditures of funds appropriated by Congress.", "only the Senate may question Green on matters that relate to the ...
A
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Harry met Bill, who was known to him to be a burglar, in a bar. Harry told Bill that he needed money. He promised to pay Bill $500 if Bill would go to Harry's house the following night and take some silverware. Harry explained to Bill that, although the silverware was legally his, his wife would object to his selling i...
[ "there was no breaking", "he consented to the entry.", "no overt act was committed by him.", "there was no intent to commit a felony." ]
D
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Harry met Bill, who was known to him to be a burglar, in a bar. Harry told Bill that he needed money. He promised to pay Bill $500 if Bill would go to Harry's house the following night and take some silverware. Harry explained to Bill that, although the silverware was legally his, his wife would object to his selling i...
[ "acted under a mistake of law.", "had the consent of the owner.", "reasonably thought he was in Harry's house.", "found the window unlocked" ]
C
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Harry met Bill, who was known to him to be a burglar, in a bar. Harry told Bill that he needed money. He promised to pay Bill $500 if Bill would go to Harry's house the following night and take some silverware. Harry explained to Bill that, although the silverware was legally his, his wife would object to his selling i...
[ "Bill was the alter ego of Harry.", "they did not intend to commit burglary.", "there was no overt act.", "there was no agreemen" ]
B
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Penn sued Duke's Bar for injuries suffered in an automobile accident caused by Chase, who had been a patron of Duke's Bar. Penn claimed that Chase was permitted to drink too much liquor at Duke's Bar before the accidentWood, a patron of Duke's Bar, testified that on the night of the accident Chase was drunk. Wood then ...
[ "admissible as an excited utterance.", "admissible as a prior consistent statement.", "admissible as a statement by Wood regarding a condition he observed, made while he was observing it. ", "inadmissible if there was no evidence that Wood had expertise in determining drunkenness." ]
C
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Penn sued Duke's Bar for injuries suffered in an automobile accident caused by Chase, who had been a patron of Duke's Bar. Penn claimed that Chase was permitted to drink too much liquor at Duke's Bar before the accidentDuke's Bar called Chase to testify and expected him to say that he was sober when he left Duke's Bar;...
[ "It may be used only to refresh Chase's recollection.", "It is admissible for impeachment and as substantive evidence that Chase was sober.", "It is inadmissible, because Duke's Bar cannot impeach its own witness. ", "It is inadmissible, because it is hearsay, not within any exception" ]
B
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Penn sued Duke's Bar for injuries suffered in an automobile accident caused by Chase, who had been a patron of Duke's Bar. Penn claimed that Chase was permitted to drink too much liquor at Duke's Bar before the accidentPenn offered evidence that, after the accident, the manager of Duke's Bar established house rules lim...
[ "admissible to show that the prior conduct of Duke's Bar was negligent.", "admissible to show that Duke's Bar was aware of the need for taking precautionary measures.", "inadmissible, because subsequent measures by an employee are not binding on Duke's Bar. ", "inadmissible, because its admission would discou...
D
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Penn sued Duke's Bar for injuries suffered in an automobile accident caused by Chase, who had been a patron of Duke's Bar. Penn claimed that Chase was permitted to drink too much liquor at Duke's Bar before the accidentPenn offered evidence that, after the accident, the owner of Duke's Bar visited him at the hospital a...
[ "admissible as an admission by the owner of Duke's Bar that Chase was drunk when he left the bar.", "admissible as a factual admission made in connection with an offer of compromise.", "inadmissible as hearsay, not within any exception ", "inadmissible as a statement made in connection with an offer to pay me...
A
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In a narcotics conspiracy prosecution against Daly, the prosecutor offers in evidence a tape recording of a telephone call allegedly made by Daly. A lay witness is called to testify that the voice on the recording is Daly's. Her testimony to which of the following would be the LEAST sufficient basis for admitting the r...
[ "She had heard the same voice on a similar tape recording identified to her by Daly's brother.", "She had heard Daly speak many times, but never over the telephone. ", "She had, specifically for the purpose of preparing to testify, talked with Daly over the telephone at a time after the recording was made. ", ...
A
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Devlin was the owner of a large subdivision. Parnell became interested in purchasing a lot but could not decide between Lot 40 and Lot 41. The price and fair market value of each of those two lots was $5,000. Parnell paid Devlin $5,000, which Devlin accepted, and Devlin delivered to Parnell a deed which was properly ex...
[ "Devlin's casual business practices created his loss.", "the need for certainty in land title records controls.", "the agency implied to complete the deed cannot be restricted by the oral understanding.", "the recording of the deed precludes any questioning of its provisions in its recorded form." ]
C
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Devlin was the owner of a large subdivision. Parnell became interested in purchasing a lot but could not decide between Lot 40 and Lot 41. The price and fair market value of each of those two lots was $5,000. Parnell paid Devlin $5,000, which Devlin accepted, and Devlin delivered to Parnell a deed which was properly ex...
[ "the Statute of Frauds prevents the introduction of any evidence of Devlin's and Parnell's agreement", "recording of the deed from Devlin to Parnell precludes any question of its genuineness.", "as between Devlin and a bona fide purchaser, Devlin is estopped. ", "the clean hands doctrine bars Devlin from reli...
C
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Ohner owns the Acme Hotel. When the International Order of Badgers came to town for its convention, its members rented 400 of the 500 rooms, and the hotel opened its convention facilities to them. Badgers are a rowdy group, and during their convention they littered both the inside and the outside of the hotel with debr...
[ "Yes, because a property owner is strictly liable for acts on his premises if such acts cause harm to persons using the adjacent public sidewalks. ", "Yes, if the person who threw the ashtray cannot be identified. ", "No, because Ohner had no personal knowledge of the conduct of the hotel guests. ", "No, if t...
D
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While negligently driving his father's uninsured automobile, 25-year-old Arthur crashed into an automobile driven by Betty. Both Arthur and Betty were injured. Charles, Arthur's father, erroneously believing that he was liable because he owned the automobile, said to Betty, "I will see to it that you are reimbursed for...
[ "Lack of consideration", "Mistake of fact as to basic assumption", "Statute of Frauds", "Indefiniteness of Charles's promis" ]
A
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While negligently driving his father's uninsured automobile, 25-year-old Arthur crashed into an automobile driven by Betty. Both Arthur and Betty were injured. Charles, Arthur's father, erroneously believing that he was liable because he owned the automobile, said to Betty, "I will see to it that you are reimbursed for...
[ "I only", "II only", "Both I and II", "Neither I nor I" ]
C
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While negligently driving his father's uninsured automobile, 25-year-old Arthur crashed into an automobile driven by Betty. Both Arthur and Betty were injured. Charles, Arthur's father, erroneously believing that he was liable because he owned the automobile, said to Betty, "I will see to it that you are reimbursed for...
[ "I only", "I and II only", "II and III only", "Neither I nor II nor II" ]
D
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While negligently driving his father's uninsured automobile, 25-year-old Arthur crashed into an automobile driven by Betty. Both Arthur and Betty were injured. Charles, Arthur's father, erroneously believing that he was liable because he owned the automobile, said to Betty, "I will see to it that you are reimbursed for...
[ "Yes, because Dodge had detrimentally relied on Charles's promise. ", "Yes, because Charles's promise was supported by a bargained-for exchange. ", "No, because Dodge's claim against Arthur's estate was worthless. ", "No, because Charles at most had only a moral obligation to pay Arthur's debts" ]
B
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While negligently driving his father's uninsured automobile, 25-year-old Arthur crashed into an automobile driven by Betty. Both Arthur and Betty were injured. Charles, Arthur's father, erroneously believing that he was liable because he owned the automobile, said to Betty, "I will see to it that you are reimbursed for...
[ "Yes, because Arthur's debt of $200 was liquidated and undisputed. ", "Yes, because Dodge honestly believed that he had a legal right against Charles for the full $200. ", "No, because Charles honestly believed that Dodge did not have a legal right against him for the $200. ", "No, because Charles was not con...
C
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Until 1954, the state of New Atlantic required segregation in all public and private schools, but all public schools are now desegregated. Other state laws, enacted before 1954 and continuing to the present, provide for free distribution of the same textbooks on secular subjects to students in all public and private sc...
[ "No legitimate educational function is served by the free distribution of textbooks.", "The state may not in any way aid private schools.", "The Constitution forbids private bias of any kind.", "Segregation is furthered by the distribution of textbooks to these students." ]
D
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Until 1954, the state of New Atlantic required segregation in all public and private schools, but all public schools are now desegregated. Other state laws, enacted before 1954 and continuing to the present, provide for free distribution of the same textbooks on secular subjects to students in all public and private sc...
[ "Private religious schools, like public nonsectarian schools, fulfill an important educational function. ", "Religious instruction in private schools is not constitutionally objectionable.", "The purpose and effect of the free distribution of these textbooks is secular and does not entangle church and state.", ...
C
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Defendant is charged with assault and battery. The state's evidence shows that Victim was struck in the face by Defendant's fist. In which of the following situations is Defendant most likely to be not guilty of assault and battery?
[ "Defendant had been hypnotized at a party and ordered by the hypnotist to strike the person he disliked the most.", "Defendant was suffering from an epileptic seizure and had no control over his motions.", "Defendant was heavily intoxicated and was shadowboxing without realizing that Victim was near him.", "D...
B
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Leader is a labor leader in Metropolis. Ten years ago he was divorced. Both he and his first wife 16 have since married other persons. Recently, News, a newspaper in another city, ran a feature article on improper influences it asserted had been used by labor officials to secure favorable rulings from government offici...
[ "prevail, because the story concerned her personal, private life. ", "prevail if the story was false.", "not prevail, because News did not print the story with knowledge of its falsity or with reckless disregard for its truth or falsity. ", "not prevail if News exercised ordinary care in determining if the st...
D
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In 1976, Utility constructed a new plant for the generation of electricity. The plant burns lignite, a low-grade fuel which is available in large quantities. Although the plant was constructed in accordance with the best practicable technology, the plant emits a substantial quantity of invisible fumes. The only way Uti...
[ "No, because there is no practicable way for Utility to reduce the fumes. ", "No, because Utility's acts constituted a public nuisance. ", "Yes, because Farmer's personal injuries were within the scope of the liability imposed on Utility. ", "Yes, because the generation of electricity is an ultrahazardous act...
C
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In 1976, Utility constructed a new plant for the generation of electricity. The plant burns lignite, a low-grade fuel which is available in large quantities. Although the plant was constructed in accordance with the best practicable technology, the plant emits a substantial quantity of invisible fumes. The only way Uti...
[ "No, because Utility was not negligent. ", "No as to 1976 crop damage, because Farmer did not mitigate damages by selling his farm in 1975. ", "Yes as to 20 percent of his crop damage, because use of available equipment would have reduced the fumes by 20 percent. ", "Yes, because operation of the plant consti...
A
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On March 1, Computer Programs, Inc. (CP) orally agreed with Holiday Department Store (HDS) to write a set of programs for HDS's computer and to coordinate the programs with HDS's billing methods. A subsequent memo, signed by both parties, provided in its entirety: HDS will pay CP $20,000 in two equal installments withi...
[ "the parol evidence rule does not bar the introduction of evidence for the purpose of interpreting a written agreement.", "the memorandum was not a completely integrated agreement.", "HDS detrimentally relied on the oral promise of coordination in signing the memorandum", "the memorandum was not a partially i...
B
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On March 1, Computer Programs, Inc. (CP) orally agreed with Holiday Department Store (HDS) to write a set of programs for HDS's computer and to coordinate the programs with HDS's billing methods. A subsequent memo, signed by both parties, provided in its entirety: HDS will pay CP $20,000 in two equal installments withi...
[ "Yes, because June 6 was within one month of completion. ", "Yes, because CP had done one-half the job. ", "No, because of a constructive condition precedent requiring at least substantial completion of the work before HDS would have a duty to pay ", "No, because \"within one month of completion\" would, in t...
D
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mmlu
On March 1, Computer Programs, Inc. (CP) orally agreed with Holiday Department Store (HDS) to write a set of programs for HDS's computer and to coordinate the programs with HDS's billing methods. A subsequent memo, signed by both parties, provided in its entirety: HDS will pay CP $20,000 in two equal installments withi...
[ "Yes, because it was the compromise of an honest dispute. ", "Yes, because the Statute of Frauds does not apply to subsequent oral modifications. ", "No, because it was oral ", "No, because it was not supported by consideration." ]
A
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mmlu
On March 1, Computer Programs, Inc. (CP) orally agreed with Holiday Department Store (HDS) to write a set of programs for HDS's computer and to coordinate the programs with HDS's billing methods. A subsequent memo, signed by both parties, provided in its entirety: HDS will pay CP $20,000 in two equal installments withi...
[ "Yes, because \"CP to complete by July 1\" is an express condition. ", "Yes, because the doctrine of substantial performance does not apply to commercial contracts. ", "No, because both parties manifested an understanding that time was not of the essence. ", "No, because the contract did not contain a liquida...
C
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mmlu
On March 1, Computer Programs, Inc. (CP) orally agreed with Holiday Department Store (HDS) to write a set of programs for HDS's computer and to coordinate the programs with HDS's billing methods. A subsequent memo, signed by both parties, provided in its entirety: HDS will pay CP $20,000 in two equal installments withi...
[ "Yes, because CP had substantially performed. ", "Yes, because the program would save HDS $12,000 a year. ", "No, because shortening the processing time by one-half was an express condition subsequent. ", "No, because HDS's computer systems manager did not certify satisfactory completion of the programs" ]
D
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On March 1, Computer Programs, Inc. (CP) orally agreed with Holiday Department Store (HDS) to write a set of programs for HDS's computer and to coordinate the programs with HDS's billing methods. A subsequent memo, signed by both parties, provided in its entirety: HDS will pay CP $20,000 in two equal installments withi...
[ "Yes, because continued use of the programs by HDS would save at least $12,000 a year. ", "Yes, because HDS was continuing to use programs created by CP for which, as HDS knew, CP expected to be paid. ", "No, because failure of an express condition precedent excused HDS from any duty to compensate CP. ", "No,...
B
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Police Officer stopped Dexter for speeding late one night. Noting that Dexter was nervous, Police Officer ordered him from the car and placed him under arrest for speeding. By state law, Police Officer was empowered to arrest Dexter and take him to the nearest police station for booking. Police Officer searched Dexter'...
[ "denied, because the search was incident to a valid custodial arrest. ", "denied, because Police Officer acted under a reasonable suspicion and legitimate concern for his own personal safety. ", "granted, because there was no reasonable or proper basis upon which to justify conducting the search. ", "granted ...
A
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Donna was arrested and taken to police headquarters, where she was given her Miranda warnings. Donna indicated that she wished to telephone her lawyer and was told that she could do so after her fingerprints had been taken. While being fingerprinted, however, Donna blurted out, "Paying a lawyer is a waste of money beca...
[ "granted, because Donna's request to contact her attorney by telephone was reasonable and should have been granted immediately. ", "granted, because of the \"fruit of the poisonous tree\" doctrine. ", "denied, because the statements were volunteered and not the result of interrogation. ", "denied, because fin...
C
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Barnes was hired as an assistant professor of mathematics at Reardon State College and is now in his third consecutive one-year contract. Under state law, he cannot acquire tenure until after five consecutive annual contracts. In his third year, Barnes was notified that he was not being rehired for the following year. ...
[ "There is no evidence that tenured teachers are any more qualified than he is.", "He leased a home in reliance on an oral promise of reemployment by the college president.", "He was the only teacher at the college whose contract was not renewed that year.", "In the expectation of remaining at the college, he ...
B
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Barnes was hired as an assistant professor of mathematics at Reardon State College and is now in his third consecutive one-year contract. Under state law, he cannot acquire tenure until after five consecutive annual contracts. In his third year, Barnes was notified that he was not being rehired for the following year. ...
[ "Barnes' academic performance had been substandard. 19", "A speech he made that was critical of administration policies violated a college regulation concerning teacher behavior.", "Barnes worked at the college for less than five years.", "Barnes could be replaced with a more competent teacher" ]
C
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National regulation of predatory wild animals on federal lands is most likely
[ "constitutional, because the protection of wild animals is important to the general welfare. ", "constitutional, because Congress has authority to make regulations respecting federal property. ", "unconstitutional, because wild animals as defined by state common law are not federal property. ", "unconstitutio...
B
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By her validly executed will, Sallie devised a certain tract of land to her son, Ben, for his life with remainder to such of Ben's children as should be living at his death, "Provided, however, that no such child of Ben shall mortgage or sell, or attempt to mortgage or sell, his or her interest in the property prior to...
[ "the attempted gifts to grandchildren are void under the Rule Against Perpetuities.", "the attempted gifts to grandchildren are void as unlawful restraints on alienation.", "the provisions concerning grandchildren are valid and will be upheld according to their terms.", "even if the provisions against sale or...
D
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Seth was an elderly widower who lived alone on a small farm which he owned. Except for the farm, including the house and its furnishings, and the usual items of personal clothing and similar things, Seth owned substantially no property. Under proper management, the farm was capable of producing an adequate family incom...
[ "the land is located in a state where the Statute of Frauds will not be applied if there has been such part performance as will result in an irreparable hardship if the contract is not performed.", "the land is located in a state where the Statute of Frauds will not be applied if there has been part performance t...
A
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The following events took place in a state that does not recognize common law marriage. The state does recognize the common law estate of tenancy by the entirety and has no statute on the subject. Wade Sloan and Mary Isaacs, who were never formally married, lived together over a sevenyear period. During this time Mary ...
[ "denied, because a tenant by the entirety has no right to partition ", "denied, because Wade has absolute title to the property. ", "granted, because the tenancy by the entirety that was created by the deed was severed when Wade abandoned Mary. ", "granted, because the estate created by the deed was not a ten...
D
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mmlu
Sand Company operated an installation for distributing sand and gravel. The installation was adjacent to a residential area. On Sand's grounds there was a chute with polished metal sides for loading sand and gravel into trucks. The trucks being loaded stopped on the public street below the chute. After closing hours, a...
[ "Yes, if Sand could have effectively secured the chute at moderate cost. ", "Yes, because Sand is strictly liable for harm resulting from an artificial condition on its property. ", "No, if Commuter had the last clear chance to avoid the injury. ", "No, because Ladd was a trespasser" ]
A
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mmlu
Sand Company operated an installation for distributing sand and gravel. The installation was adjacent to a residential area. On Sand's grounds there was a chute with polished metal sides for loading sand and gravel into trucks. The trucks being loaded stopped on the public street below the chute. After closing hours, a...
[ "her conduct was not the cause in fact of the harm.", "she used reasonable care in the maintenance of her brakes.", "she could not reasonably foresee Ladd's presence in the street.", "she did not act willfully and wantonl" ]
B
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mmlu
Driving down a dark road, Defendant accidentally ran over a man. Defendant stopped and found that the victim was dead. Defendant, fearing that he might be held responsible, took the victim's wallet, which contained a substantial amount of money. He removed the identification papers and put the wallet and money back int...
[ "larceny, because he took the papers only to prevent identification and not for his own use. ", "larceny, because he did not take anything from a living victim. ", "robbery, because he did not take the papers by means of force or putting in fear. ", "robbery, because he did not take anything of monetary valu"...
C
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mmlu
Al and Bill are identical twins. Al, angry at David, said, "You'd better stay out of my way. The next time I find you around here, I'll beat you up." Two days later, while in the neighborhood, David saw Bill coming toward him. As Bill came up to David, Bill raised his hand. Thinking Bill was Al and fearing bodily harm,...
[ "not prevail, because Bill was not an aggressor. ", "not prevail unless Bill intended his gesture as a threat.", "prevail if David honestly believed that Bill would attack him.", "prevail only if a reasonable person under the circumstances would have believed that Bill would attack him" ]
D
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mmlu
Section 1 of the Vehicle Code of State makes it illegal to cross a street in a central business district other than at a designated crosswalk. Section 2 of the Code prohibits parking any motor vehicle so that it blocks any part of a designated crosswalk. Ped wanted to cross Main Street in the central business district ...
[ "It is not relevant in determining the right of Ped.", "It may be considered by the trier of fact on the issue of Driver's liability.", "It will bar Ped's recovery unless Driver saw Ped in time to avoid the impact.", "It will bar Ped's recovery as a matter of law" ]
B
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mmlu
Section 1 of the Vehicle Code of State makes it illegal to cross a street in a central business district other than at a designated crosswalk. Section 2 of the Code prohibits parking any motor vehicle so that it blocks any part of a designated crosswalk. Ped wanted to cross Main Street in the central business district ...
[ "prevail, because Trucker's violation of a state statute makes him strictly liable for all injuries caused thereby. ", "prevail, because the probable purpose of Section 2 of the Vehicle Code of State was to safeguard pedestrians in using crosswalks. ", "not prevail, because Ped assumed the risk of injury when h...
B
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mmlu
Suspecting that students were using narcotics, the president of a private college arranged for local police to place concealed microphones in several suites of the dormitory. Using these microphones, the college security officers recorded a conversation in which Green, a student, offered to sell marijuana to another st...
[ "denied, because the college president, in loco parentis, had the responsibility of preventing unlawful activity by students under the president's supervision. ", "denied, because there was probable cause to make the search and police obtained a warrant before commencing the search. ", "granted, because Green's...
C
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mmlu
Tom had a heart ailment so serious that his doctors had concluded that only a heart transplant could save his life. They therefore arranged to have him flown to Big City to have the operation performed. Dan, Tom's nephew, who stood to inherit from him, poisoned him. The poison produced a reaction which required postpon...
[ "guilty.", "not guilty, because his act did not hasten the deceased's death, but instead prolonged it by one day. ", "not guilty, because the deceased was already suffering from a fatal illness. ", "not guilty, because the poison was not the sole cause of deat" ]
A
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mmlu
In which of the following situations is Defendant most likely to be not guilty of the charge made?
[ "Police arrested Thief and recovered goods he had stolen. At the direction of the police, Thief took the goods to Defendant. Defendant, believing the goods to be stolen, purchased them. Defendant is charged with attempting to receive stolen property. ", "Defendant misrepresented his identity to secure a loan from...
C
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mmlu
Potts sued Dobbs on a product liability claim. Louis testified for Potts. On cross-examination, which of the following questions is the trial judge most likely to rule improper?
[ "\"Isn't it a fact that you are Potts' close friend?\" ", "\"Isn't it true that you are known in the community as €˜Louie the Lush' because of your addiction to alcohol?\" ", "\"Didn't you fail to report some income on your tax return last year?\" ", "\"Weren't you convicted, seven years ago in this court, o...
B
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mmlu
In an action to recover for personal injuries arising out of an automobile accident, Plaintiff calls Bystander to testify. Claiming the privilege against self-incrimination, Bystander refuses to answer a question as to whether she was at the scene of the accident. Plaintiff moves that Bystander be ordered to answer the...
[ "the judge is convinced that she will incriminate herself.", "there is clear and convincing evidence that she will incriminate herself.", "there is a preponderance of evidence that she will incriminate herself.", "the judge believes that there is some reasonable possibility that she will incriminate herself" ...
D
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mmlu
Blackacre is a three-acre tract of land with a small residence. Olga, the owner of Blackacre, rented it to Terrence at a monthly rental of $200. After Terrence had been in possession of Blackacre for several years, Terrence and Olga orally agreed that Terrence would purchase Blackacre from Olga for the sum of $24,000, ...
[ "nothing Terrence could have done would have overcome the original absence of a written agreement.", "the actions and payments of Terrence are as consistent with his being a tenant as with an oral contract.", "Terrence did not secure Olga's approval for the improvements that he made.", "Olga has not received ...
B
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mmlu
During 1976 a series of arsons, one of which damaged the Humongous Store, occurred in the City of Swelter. In early 1977 Swelter's City Council adopted this resolution: The City will pay $10,000 for the arrest and conviction of anyone guilty of any of the 1976 arsons committed here. The foregoing was telecast by the ci...
[ "Only by an offeree's return promise to make a reasonable effort to bring about the arrest and conviction of an arsonist within the scope of the offer.", "Only by an offeree's making the arrest and assisting in the successful conviction of an arsonist within the scope of the offer.", "By an offeree's supplying ...
C
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mmlu
During 1976 a series of arsons, one of which damaged the Humongous Store, occurred in the City of Swelter. In early 1977 Swelter's City Council adopted this resolution: The City will pay $10,000 for the arrest and conviction of anyone guilty of any of the 1976 arsons committed here. The foregoing was telecast by the ci...
[ "by lapse of time, on December 31 of the year in which it was made. ", "not by lapse of time, but only by effective revocation. ", "not by revocation, but only by lapse of a reasonable time. ", "either by lapse of a reasonable time or earlier by effective revocatio" ]
D
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mmlu
During 1976 a series of arsons, one of which damaged the Humongous Store, occurred in the City of Swelter. In early 1977 Swelter's City Council adopted this resolution: The City will pay $10,000 for the arrest and conviction of anyone guilty of any of the 1976 arsons committed here. The foregoing was telecast by the ci...
[ "by publication in the legal notices of a local newspaper.", "in the same manner as made, i.e., by local telecast at least once daily for one week. ", "in the same manner as made or by a comparable medium and frequency of publicity.", "by notice mailed to all residents of the city and all other reasonably ide...
C
null
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mmlu
During 1976 a series of arsons, one of which damaged the Humongous Store, occurred in the City of Swelter. In early 1977 Swelter's City Council adopted this resolution: The City will pay $10,000 for the arrest and conviction of anyone guilty of any of the 1976 arsons committed here. The foregoing was telecast by the ci...
[ "A unilateral offer of employment by Humongous which became irrevocable for a reasonable number of days after Gimlet commenced his investigation of the store's arson.", "An employment for compensation subject to a condition precedent that Gimlet succeed in his investigation.", "A series of daily bilateral contr...
D
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mmlu
During 1976 a series of arsons, one of which damaged the Humongous Store, occurred in the City of Swelter. In early 1977 Swelter's City Council adopted this resolution: The City will pay $10,000 for the arrest and conviction of anyone guilty of any of the 1976 arsons committed here. The foregoing was telecast by the ci...
[ "The city was benefited as a result of Gimlet's services.", "The city's offer was in the nature of a bounty, so that the elements of contract are not essential to the city's liability. ", "The fact that the city attempted to revoke its offer only a few months after making it demonstrated that the attempted revo...
B
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mmlu
Husband and Wife, walking on a country road, were frightened by a bull running loose on the road. They climbed over a fence to get onto the adjacent property, owned by Grower. After climbing over the fence, Husband and Wife damaged some of Grower's plants which were near the fence. The fence was posted with a large sig...
[ "Yes, because Grower intended that the dog frighten Wife. ", "Yes, because the breaking of the leash establishes liability under res ipsa loquitur. ", "No, because Wife made an unauthorized entry on Grower's land. ", "No, because Grower did not intend to cause any harmful contact with Wife" ]
A
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mmlu
Husband and Wife, walking on a country road, were frightened by a bull running loose on the road. They climbed over a fence to get onto the adjacent property, owned by Grower. After climbing over the fence, Husband and Wife damaged some of Grower's plants which were near the fence. The fence was posted with a large sig...
[ "Yes, because the landowner did not have a privilege to use excessive force. ", "Yes, if Husband reasonably believed that the dog might bite him. ", "No, if the dog did not come in contact with him. ", "No, if Grower was trying to protect his" ]
B
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mmlu
Husband and Wife, walking on a country road, were frightened by a bull running loose on the road. They climbed over a fence to get onto the adjacent property, owned by Grower. After climbing over the fence, Husband and Wife damaged some of Grower's plants which were near the fence. The fence was posted with a large sig...
[ "Yes, because Wife and Husband entered on his land without permission. ", "Yes, because Grower had posted his property with a \"No Trespassing\" sign. ", "No, because Wife and Husband were confronted by an emergency situation. ", "No, because Grower used excessive force toward Wife and Husban" ]
A
null
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mmlu
Ben was the illegitimate, unacknowledged child of Fred. Fred died intestate, leaving neither spouse nor any children other than Ben. The state's law of intestate succession provides that an unacknowledged illegitimate child may not inherit his father's property. The spouse, all other blood relations, and the state are ...
[ "there is no rational basis for preferring as heirs collateral relatives and even the state over unacknowledged children, and therefore the law violates the equal protection clause. ", "he has been deprived of property without due process because his fundamental right to inherit has been compromised without a com...
A
null
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mmlu
Ben was the illegitimate, unacknowledged child of Fred. Fred died intestate, leaving neither spouse nor any children other than Ben. The state's law of intestate succession provides that an unacknowledged illegitimate child may not inherit his father's property. The spouse, all other blood relations, and the state are ...
[ "the authority of a state over the disposition of decedents' property located in the state is not affected by the Constitution of the United States", "a statute prescribing the means of disposing of the property of intestate decedents does not constitute invidious discrimination.", "inheritance under intestate ...
D
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mmlu
Alice conveyed Twinoaks Farm "to Barbara, her heirs and assigns, so long as the premises are used for residential and farm purposes, then to Charles and his heirs and assigns." The jurisdiction in which Twinoaks Farm is located has adopted the common law Rule Against Perpetuities unmodified by statute. As a consequence...
[ "nothing.", "a possibility of reverter.", "a right of entry for condition broken.", "a reversion in fee simple absolute" ]
B
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mmlu
Lawnacre was conveyed to Celeste and Donald by a deed which, in the jurisdiction in which Lawnacre is situated, created a cotenancy in equal shares and with the right of survivorship. The jurisdiction has no statute directly applicable to any of the problems posed. Celeste, by deed, conveyed "my undivided onehalf inter...
[ "prevail, because he is the sole owner of Lawnacre. ", "prevail if, but only if, the cotenancy created in Celeste and Donald was a tenancy by the entirety. ", "not prevail if he had knowledge of the conveyance prior to Celeste's death.", "not prevail, because Paul and Donald own Lawnacre as tenants in common....
B
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mmlu
Storekeeper, the owner of a large hardware store, sells power saws for both personal and commercial use. He often takes old power saws as trade-ins on new ones. The old power saws are then completely disassembled and rebuilt with new bearings by Storekeeper's employees and sold by Storekeeper as "reconditioned saws." P...
[ "recover if the shaft that came loose was a part of the saw when it was new.", "recover, because Power Saw Company was in the business of manufacturing dangerous machines. ", "not recover, because Employee was not the buyer of the power saw. ", "not recover, because the saw had been rebuilt by Storekeepe" ]
D
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mmlu
Storekeeper, the owner of a large hardware store, sells power saws for both personal and commercial use. He often takes old power saws as trade-ins on new ones. The old power saws are then completely disassembled and rebuilt with new bearings by Storekeeper's employees and sold by Storekeeper as "reconditioned saws." P...
[ "not recover, because economic loss from injury to an employee is not within the scope of Storekeeper's duty. ", "not recover, because Storekeeper was not the manufacturer of the power saw. ", "recover, because Storekeeper knew that the power saw was to be used in Purchaser's cabinetmaking business. ", "recov...
A
null
train
mmlu
Storekeeper, the owner of a large hardware store, sells power saws for both personal and commercial use. He often takes old power saws as trade-ins on new ones. The old power saws are then completely disassembled and rebuilt with new bearings by Storekeeper's employees and sold by Storekeeper as "reconditioned saws." P...
[ "not recover unless Purchaser told Storekeeper that Employee would use the power saw.", "not recover if Employee failed to notice that the shaft was coming loose.", "recover unless Employee knew that the shaft was coming loose.", "recover unless Storekeeper used all possible care in reconditioning the power s...
C
null
train
mmlu
Storekeeper, the owner of a large hardware store, sells power saws for both personal and commercial use. He often takes old power saws as trade-ins on new ones. The old power saws are then completely disassembled and rebuilt with new bearings by Storekeeper's employees and sold by Storekeeper as "reconditioned saws." P...
[ "strict liability in tort.", "express warranty.", "negligence, relying on res ipsa loquitur. ", "negligence, relying on the sale of an inherently dangerous produc" ]
A
null
train
mmlu
Storekeeper, the owner of a large hardware store, sells power saws for both personal and commercial use. He often takes old power saws as trade-ins on new ones. The old power saws are then completely disassembled and rebuilt with new bearings by Storekeeper's employees and sold by Storekeeper as "reconditioned saws." P...
[ "Employee did not purchase the saw blade.", "the blade was being put to an improper use.", "Employee was contributorily negligent in using the blade to cut hard plastic.", "Saw-Blade Company used every available means to inspect the blade for defects." ]
B
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mmlu
In which of the following situations is Defendant most likely to be guilty of common law murder?
[ "Angered because his neighbor is having a noisy party, Defendant fires a rifle into the neighbor's house. The bullet strikes and kills a guest at the party. ", "During an argument, Harry slaps Defendant. Angered, Defendant responds by shooting and killing Harry. ", "Defendant drives his car through a red light ...
A
null
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mmlu
Miller is tried for armed robbery of the First Bank of City.The prosecution, in its case in chief, offers evidence that when Miller was arrested one day after the crime, he had a quantity of heroin and a hypodermic needle in his possession. This evidence should be
[ "admitted to prove Miller's motive to commit the crime.", "admitted to prove Miller's propensity to commit crimes.", "excluded, because its probative value is substantially outweighed by the danger of unfair prejudice. ", "excluded, because such evidence may be offered only to rebut evidence of good character...
C
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mmlu
Miller is tried for armed robbery of the First Bank of City.. The prosecutor offers the testimony of a bartender who will say that when he saw the money in Miller's wallet, he said, "You must have robbed a bank," to which Miller made no reply. This evidence is
[ "admissible to prove that Miller's conduct caused the bartender to believe that Miller robbed the bank.", "admissible as a statement made in the presence of the defendant.", "inadmissible, because it would violate Miller's privilege against selfincrimination. ", "inadmissible, because Miller had no reason to ...
D
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mmlu
Miller is tried for armed robbery of the First Bank of City.At the request of police, the teller who was robbed prepared a sketch bearing a strong likeness to Miller, but the teller died in an automobile accident before Miller was arrested. At trial the prosecution offers the sketch. The sketch is
[ "admissible as an identification of a person after perceiving him.", "admissible as past recollection recorded.", "inadmissible as hearsay, not within any exception. ", "inadmissible as an opinion of the teller" ]
C
null
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mmlu
Miller is tried for armed robbery of the First Bank of City.Miller testified on direct examination that he had never been in the First Bank of City. His counsel asked, "What, if anything, did you tell the police when you were arrested?" If his answer was "I told them I had never been in the bank," this answer would be
[ "admissible to prove that Miller had never been in the bank.", "admissible as a prior consistent statement.", "inadmissible as hearsay, not within any exception. ", "inadmissible, because it was a self-serving statement by a person with a substantial motive to fabricate" ]
C
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mmlu
Miller is tried for armed robbery of the First Bank of City.On cross-examination of Miller, the prosecutor asks Miller whether he was convicted the previous year of tax fraud. This question is
[ "proper to show that Miller is inclined to lie.", "proper to show that Miller is inclined to steal money.", "improper, because the conviction has insufficient similarity to the crime charged. ", "improper, because the probative value of the evidence is outweighed by the danger of unfair prejudice" ]
A
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mmlu
In an effort to relieve serious and persistent unemployment in the industrialized state of Onondaga, its legislature enacted a statute requiring every business with annual sales in Onondaga of over one million dollars to purchase goods and/or services in Onondaga equal in value to at least half of the annual sales in O...
[ "The due process clause of the Fourteenth Amendment.", "The equal protection clause.", "The commerce clause.", "The privileges and immunities clause of the Fourteenth Amendment" ]
C
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mmlu
Tess occupied an apartment in a building owned by Len. She paid rent of $125 in advance each month. During the second month of occupancy, Tess organized the tenants in the building as a tenants' association and the association made demands of Len concerning certain repairs and improvements the tenants wanted. When Tess...
[ "a periodic tenancy was created by implication.", "the doctrine prohibiting retaliatory eviction is part of the law of the jurisdiction.", "the $200 rent demanded violates the agreement implied by the rate charged to other tenants.", "the law implies a term of one year in the absence of any express agreement"...
B
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mmlu
Meadowview is a large tract of undeveloped land. Black, the owner of Meadowview, prepared a development plan creating 200 house lots in Meadowview with the necessary streets and public areas. The plan was fully approved by all necessary governmental agencies and duly recorded. However, construction of the streets, util...
[ "Breyer's right must await the action of appropriate public authorities to open College Avenue as a public street, since no private easements arose by implication. ", "the Statute of Frauds prevents the introduction of evidence which might prove the necessity for Breyer to use College Avenue.", "Breyer's right ...
A
null
train
mmlu
John Doe, the owner of a milk container manufacturing firm, sought to focus public attention on the milk packaging law of the State of Clinton in order to have it repealed. On a weekday at 12 noon, he delivered an excited, animated, and loud harangue on the steps of the State Capitol in front of the main entryway. An a...
[ "Doe would have to prove that the state did not have a rational basis for enacting this statute.", "Doe would have to prove that the state did not have a compelling need for this statute or that it had less restrictive means by which it could satisfy that need.", "The state would have to prove that it had a rat...
D
null
train
mmlu
John Doe, the owner of a milk container manufacturing firm, sought to focus public attention on the milk packaging law of the State of Clinton in order to have it repealed. On a weekday at 12 noon, he delivered an excited, animated, and loud harangue on the steps of the State Capitol in front of the main entryway. An a...
[ "A state taxpayer in the highest tax bracket.", "A politician intending to make a campaign speech on the Capitol steps during a prohibited time.", "A legislator who voted against the statute because he thought it unconstitutional.", "An organization whose purpose was \"to seek judicial invalidation of unconst...
B
null
train
mmlu
John Doe, the owner of a milk container manufacturing firm, sought to focus public attention on the milk packaging law of the State of Clinton in order to have it repealed. On a weekday at 12 noon, he delivered an excited, animated, and loud harangue on the steps of the State Capitol in front of the main entryway. An a...
[ "constitutional both on its face and as applied to Doe.", "constitutional on its face, but unconstitutional as applied to Doe. ", "unconstitutional on its face, because it applies to all working days. ", "unconstitutional on its face, because it concerns the State Capito" ]
A
null
train
mmlu
John Doe, the owner of a milk container manufacturing firm, sought to focus public attention on the milk packaging law of the State of Clinton in order to have it repealed. On a weekday at 12 noon, he delivered an excited, animated, and loud harangue on the steps of the State Capitol in front of the main entryway. An a...
[ "The statute is unconstitutional on its face.", "The statute is constitutional on its face, but Doe could not constitutionally be punished under it for this speech. ", "Doe could constitutionally be punished under the statute for his speech.", "Doe could constitutionally be punished under the statute for his ...
B
null
train
mmlu
John Doe, the owner of a milk container manufacturing firm, sought to focus public attention on the milk packaging law of the State of Clinton in order to have it repealed. On a weekday at 12 noon, he delivered an excited, animated, and loud harangue on the steps of the State Capitol in front of the main entryway. An a...
[ "This statute is vague and therefore violates the due process clause of the Fourteenth Amendment.", "This statute is an establishment of religion and therefore violates the due process clause of the Fourteenth Amendment.", "Application of this statute to Doe denies him equal protection of the laws in violation ...
C
null
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mmlu
Peri sued Denucci for a libelous letter received by Investigator. The authenticity and contents of the letter are disputed.Peri's attorney asks Investigator to testify that, a week before receiving the libelous letter, he had written to Denucci inquiring about Peri. The testimony is
[ "admissible provided that this inquiry was made in the regular course of Investigator's business.", "admissible without production of the inquiry letter or the showing of its unavailability.", "inadmissible unless Peri's attorney has given Denucci notice of Investigator's intended testimony.", "inadmissible ...
B
null
train
mmlu
Peri sued Denucci for a libelous letter received by Investigator. The authenticity and contents of the letter are disputed.Investigator, if permitted, will testify that "I received a letter that I cannot now find, which read: €˜Dear Investigator, You inquired about Peri. We fired him last month when we discovered that...
[ "jury finds that Investigator has quoted the letter precisely.", "jury is satisfied that the original letter is unavailable.", "judge is satisfied that Investigator has quoted the letter precisely.", "judge finds that the original letter is unavailable" ]
D
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mmlu