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Santos agreed to sell and Perrine agreed to buy a described lot on which a single-family residence had been built. Under the contract, Santos agreed to convey marketable title subject only to conditions, covenants, and restrictions of record and all applicable zoning laws and ordinances. The lot was subject to a 10-foo...
[ "Santos, because any suit against Perrine concerning the setback would be frivolous. ", "Santos, because the setback violation falls within the doctrine de minimis non curat lex. ", "Perrine, because any variation, however small, amounts to a breach of contract. ", "Perrine, because the fact that Perrine may ...
D
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mmlu
Young, believing that Brown suffered from arthritis, told her that for $100 he could cure her with a device he had invented. The device was a large box with a series of electric light bulbs along the sides. Brown, after examining the device, agreed to take the treatment, which consisted of placing her hands inside the ...
[ "Young honestly believed that the device would cure arthritis, but his belief was unreasonable. ", "Brown honestly believed that the device would cure arthritis, but her belief was unreasonable. ", "Young was playing a practical joke on Brown and intended to return the money.", "Brown was an undercover police...
B
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Congress enacted a law prohibiting the killing, capture, or removal of any form of wildlife upon or from any federally owned land. Which of the following is the most easily justifiable source of national authority for this federal law?
[ "The commerce clause of Article I, § 8. ", "The privileges and immunities clause of Article IV.", "The enforcement clause of the Fourteenth Amendment.", "The property clause of Article IV, § 3" ]
D
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David is being tried in federal court for criminal conspiracy with John to violate federal narcotics law. At trial, the prosecutor calls David's new wife, Wanda, and asks her to testify about a meeting between David and John that she observed before she married David. Which of the following is the most accurate stateme...
[ "The choice is Wanda's.", "The choice is David's.", "Wanda is permitted to testify only if both Wanda and David agree.", "Wanda is compelled to testify even if both Wanda and David objec" ]
A
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mmlu
Opus, the owner of Stoneacre, entered into a written agreement with Miner. Under this written agreement, which was acknowledged and duly recorded, Miner, for a five-year period, was given the privilege to enter on Stoneacre to remove sand, gravel, and stone in whatever quantities Miner desired. Miner was to make monthl...
[ "Yes, because he has a license, which is a property right protected by the due process clause. ", "Yes, because he has a profit à prendre, which is a property right protected by the due process clause. ", "No, because he has a license, and licenses are not property rights protected by the due process clause. "...
B
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Dan was an alcoholic who frequently experienced auditory hallucinations that commanded him to engage in bizarre and sometimes violent behavior. He generally obeyed these commands. The hallucinations appeared more frequently when he was intoxicated, but he sometimes experienced them when he had not been drinking. After ...
[ "intoxication.", "lack of malice aforethought.", "self-defense.", "insanity" ]
D
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mmlu
Mater, a wealthy widow, wishing to make a substantial and potentially enduring gift to her beloved adult stepson Prodigal, established with Vault Savings and Loan Association a passbook savings account by an initial deposit of $10,000.For this question only, assume the following facts. The passbook was issued solely in...
[ "Yes, because Prodigal was a third-party intended beneficiary of the original MaterVault deposit agreement. ", "Yes, because Prodigal was a constructive assignee of Mater's claim, as depositor, to the savings account. ", "No, because Prodigal never obtained possession of the passbook. ", "No, because Prodigal...
D
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mmlu
Mater, a wealthy widow, wishing to make a substantial and potentially enduring gift to her beloved adult stepson Prodigal, established with Vault Savings and Loan Association a passbook savings account by an initial deposit of $10,000."For this question only, assume the following facts. The passbook was issued by Vault...
[ "The estate prevails, because Mater's gift to Prodigal was revocable and was terminated by her death. ", "The estate prevails, because Mater's gift to Prodigal was revocable and was terminated by her express revocation. ", "Prodigal prevails, because he took Mater's claim to the savings account by a gratuitous ...
C
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In a civil suit by Pine against Decker, Decker called Wall, a chemist, as an expert witness and asked him a number of questions about his education and experience in chemistry. Over Pine's objection that Wall was not shown to be qualified in chemistry, the trial court permitted Wall to testify as to his opinion in resp...
[ "admitted, because it is relevant to the weight to be given to Wall's testimony. ", "admitted, because specific acts bearing on truthfulness may be inquired about on cross-examination. ", "excluded, because the court has determined that Wall is qualified to testify as an expert. ", "excluded, because Wall's c...
A
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mmlu
Congress enacts a law providing that all disagreements between the United States and a state over federal grant-in-aid funds shall be settled by the filing of a suit in the federal district court in the affected state. "The judgment of that federal court shall be transmitted to the head of the federal agency dispensing...
[ "constitutional, because disagreements over federal grant-in-aid funds necessarily involve federal questions within the judicial power of the United States. ", "constitutional, because the spending of federal monies necessarily includes the authority to provide for the effective settlement of disputes involving t...
D
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mmlu
Purvis purchased a used car from Daley, a used car dealer. Knowing that they were false, Daley made the following statements to Purvis prior to the sale: Statement 1. This car has never been involved in an accident. Statement 2. This car gets 25 miles to the gallon on the open highway. Statement 3. This is as smooth-ri...
[ "Statement 1 only.", "Statement 2 only.", "Statements 1 and 2 only.", "Statements 2 and 3 onl" ]
C
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In a contract suit by Perez against Drake, each of the following is an accepted method of authenticating Drake's signature on a document offered by Perez EXCEPT:
[ "A non-expert who, in preparation for trial, has familiarized himself with Drake's usual signature testifies that, in his opinion, the questioned signature is genuine. ", "The jury, without the assistance of an expert, compares the questioned signature with an admittedly authentic sample of Drake's handwriting. "...
A
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For a valuable consideration, Amato, the owner of Riveracre, signed and gave to Barton a duly executed instrument that provided as follows: "The grantor may or may not sell Riveracre during her lifetime, but at her death, or if she earlier decides to sell, the property will be offered to Barton at $500 per acre. Barton...
[ "Yes, because the instrument is recorded. ", "Yes, because Barton's right to purchase will vest or fail within the period prescribed by the Rule Against Perpetuities. ", "No, because Barton's right to purchase is a restraint on the owner's power to make a testamentary disposition. ", "No, because Barton's rig...
B
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mmlu
James and Mary Green were walking to their car one evening after having seen a movie. As they were passing a dark alleyway, Daves leaped out brandishing a gun. He pushed Mary against the wall of a nearby building, held the gun to her head, and demanded money from James. James handed over his cash. Daves grabbed the cas...
[ "Robbery from James Green.", "Larceny from James Green.", "Assault on James and Mary Green.", "Assault on Mary Green" ]
A
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mmlu
Dunbar and Balcom went into a drugstore, where Dunbar reached into the cash register and took out $200. Stone, the owner of the store, came out of a back room, saw what had happened, and told Dunbar to put the money back. Balcom then took a revolver from under his coat and shot and killed Stone. Dunbar claims that Ston...
[ "guilty, because her companion, Balcom, committed a homicide in the course of a felony. ", "guilty, because her taking Balcom with her to the store created the risk of death that occurred during the commission of a felony. ", "not guilty, because she did not know that Balcom was armed and thus did not have the ...
D
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mmlu
Dunbar and Balcom went into a drugstore, where Dunbar reached into the cash register and took out $200. Stone, the owner of the store, came out of a back room, saw what had happened, and told Dunbar to put the money back. Balcom then took a revolver from under his coat and shot and killed Stone. Dunbar claims that Ston...
[ "guilty, because in firing the shot Balcom was trying to help her. ", "guilty, because she and Balcom were acting in concert in a dangerous undertaking. ", "not guilty, because she had no idea that Balcom was armed and she did not plan to use force. ", "not guilty, because she was exercising selfhelp and did ...
C
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The President of the United States recognizes the country of Ruritania and undertakes diplomatic relations with its government through the Secretary of State. Ruritania is governed by a repressive totalitarian government. In an appropriate federal court, Dunn brings a suit against the President and Secretary of State t...
[ "Suit dismissed, because Dunn does not have standing to bring this action. ", "Suit dismissed, because there is no adversity between Dunn and the defendants. ", "Suit dismissed, because it presents a nonjustifiable political question. ", "Suit decided on the merits" ]
C
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Acorp and Beeco are companies that each manufacture pesticide X. Their plants are located along the same river. During a specific 24-hour period, each plant discharged pesticide into the river. Both plants were operated negligently and such negligence caused the discharge of the pesticide into the river. Landesmann ope...
[ "Nothing, because neither company discharged enough pesticide to cause harm to Landesmann's cattle. ", "Nothing, unless Landesmann can establish how much pesticide each plant discharged. ", "One-half of Landesmann's damages from each company.", "The entire amount of Landesmann's damages, jointly and severally...
D
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mmlu
Paulsen sued Daly for nonpayment of a personal loan to Daly, as evidenced by Daly's promissory note to Paulsen. Paulsen called Walters to testify that he knows Daly's handwriting and that the signature on the note is Daly's. On direct examination, to identify himself, Walters gave his name and address and testified tha...
[ "inadmissible, because it is not the best evidence. ", "inadmissible, because it is impeachment on a collateral question. ", "admissible as evidence of a regularly conducted activity.", "admissible as tending to impeach Walters' credibility" ]
B
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Andres conveyed Applewood Farm "to Bogatz, her heirs and assigns, so long as the premises are used for residential and farm purposes, then to Cohen and his heirs." The common law Rule Against Perpetuities, unmodified by statute, is part of the law of the jurisdiction in which Applewood Farm is located. As a consequence...
[ "nothing.", "a valid executory interest.", "a possibility of reverter.", "a right of entry for condition broken" ]
A
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Cycle Company manufactured a bicycle that it sold to Bike Shop, a retail bicycle dealer, which in turn sold it to Roth. Shortly thereafter, while Roth was riding the bicycle along a city street, he saw a traffic light facing him turn from green to yellow. He sped up, hoping to cross the intersection before the light tu...
[ "Yes, if the brake failed because of a defect present when the bicycle left the factory of Cycle Company. ", "Yes, because the brake failed while Roth was riding the bicycle. ", "No, if Roth contributed to his own injury by speeding up. ", "No, if Bike Shop carefully inspected the bicycle before selling it. "...
A
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mmlu
Cycle Company manufactured a bicycle that it sold to Bike Shop, a retail bicycle dealer, which in turn sold it to Roth. Shortly thereafter, while Roth was riding the bicycle along a city street, he saw a traffic light facing him turn from green to yellow. He sped up, hoping to cross the intersection before the light tu...
[ "Yes, because Cycle Company placed a defective bicycle into the stream of commerce. ", "Yes, if the defect could have been discovered through the exercise of reasonable care by Cycle Company. ", "No, because Perez was not a purchaser of the bicycle. ", "No, if Roth was negligent in turning onto the sidewalk" ...
B
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Damson was short of money. He decided to go into Winston's house to take Winston's silverware and then to sell it. That night, while Winston was away, Damson entered by picking the lock on the front door. He picked up a chest of silverware from the dining room and went out the front door of the house to his car. As he ...
[ "guilty of burglary and larceny.", "guilty of burglary and attempted larceny.", "guilty of burglary but not guilty of any larceny offense.", "not guilty of burglary or any larceny offense" ]
A
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mmlu
On October 1, Toy Store, Inc., entered into a written contract with Fido Factory, Inc., for the purchase at $20 per unit of 1,000 mechanical dogs, to be specially manufactured by Fido according to Toy Store's specifications. Fido promised to deliver all of the dogs "not later than November 15, for the Yule shopping sea...
[ "sustain the motion, because Fido on October 15 stated its willingness, and gave assurance of its ability, to perform the contract in January. ", "sustain the motion, because Toy Store's lawsuit is premature in any case until after November 15. ", "deny the motion, because Toy Store's complaint alleges an actio...
D
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mmlu
On October 1, Toy Store, Inc., entered into a written contract with Fido Factory, Inc., for the purchase at $20 per unit of 1,000 mechanical dogs, to be specially manufactured by Fido according to Toy Store's specifications. Fido promised to deliver all of the dogs "not later than November 15, for the Yule shopping sea...
[ "nothing, because the October 5 assignment by Fido to High Finance of Fido's contract with Toy Store was only an assignment for security. ", "nothing, because no record of the October 5 transaction between Fido and High Finance was publicly filed. ", "$10,000 in damages, because Toy Store was a third-party inte...
A
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mmlu
A 10-lot subdivision was approved by the proper governmental authority. The authority's action was pursuant to a map filed by Diaz, which included an undesignated parcel in addition to the 10 numbered lots. The undesignated parcel is differently shaped and somewhat larger than any one of the numbered lots. Subdivision ...
[ "Yes, because the undesignated parcel is not a lot to which the subdivision building restrictions apply. ", "Yes, because the undesignated parcel is not part of the subdivision. ", "No, because the undesignated parcel has never been approved by the proper governmental authority. ", "No, because the map leaves...
D
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mmlu
A state statute requires the permanent removal from parental custody of any child who has suffered "child abuse." That term is defined to include "corporal punishment of any sort." Zeller very gently spanks his six-year-old son on the buttocks whenever he believes that spanking is necessary to enforce discipline on him...
[ "The state has the burden of persuading the court that the application of this statute to Zeller is necessary to vindicate an important state interest.", "The state has the burden of persuading the court that the application of this statute to Zeller is rationally related to a legitimate state interest.", "Zell...
A
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mmlu
According to a statute of the state of Kiowa, a candidate for state office may have his name placed on the official election ballot only if he files with the appropriate state official a petition containing a specified number of voter signatures. Roderick failed to get his name placed on the state ballot as an independ...
[ "Compliance with the petition signature requirement is burdensome.", "The objectives of the statute could be satisfactorily achieved by less burdensome means.", "Because of the petition signature requirement, very few independent candidates have ever succeeded in getting on the ballot. ", "The motivation for ...
B
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mmlu
In March, when Ohm was 17, Stereo delivered to Ohm a television set. At that time Ohm agreed in writing to pay $400 for the set on July 1 when he would reach his 18th birthday. Eighteen is the applicable statutory age of majority, and on that date Ohm was to receive the proceeds of a trust. On July 1, when the reasona...
[ "Nothing", "$250, the reasonable value of the set ", "$300, the amount Ohm promised to pay in his letter of July 1 ", "$400, the original sale price" ]
C
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mmlu
Dray was prosecuted for bank robbery. At trial, the bank teller, Wall, was unable to identify Dray, now bearded, as the bank robber. The prosecutor then showed Wall a group of photographs, and Wall testified that she had previously told the prosecutor that the middle picture (concededly a picture of Dray before he grew...
[ "inadmissible, because it is hearsay, not within any exception. ", "inadmissible, because it is a violation of Dray's right of confrontation. ", "admissible as prior identification by the witness.", "admissible as past recollection recorded" ]
C
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Which of the following is LEAST likely to be the underlying felony in a prosecution for felony murder?
[ "Arson.", "Manslaughter.", "Attempted rape.", "Burglary" ]
B
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mmlu
Morris was driving north on an interstate highway at about 50 miles per hour when a tractor-trailer rig, owned and driven by Dixon, passed her. The tractor was pulling a refrigerated meat trailer fully loaded with beef carcasses hanging freely from the trailer ceiling. When Dixon cut back in front of Morris, the shifti...
[ "recover unless Morris was negligently driving when the truck overturned.", "recover, because Dixon's knowledge of the dangerous propensity of the trailer does not relieve Trailco of liability. ", "not recover, because there was no privity of contract between Morris and Trailco. ", "not recover if Dixon was n...
B
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mmlu
Morris was driving north on an interstate highway at about 50 miles per hour when a tractor-trailer rig, owned and driven by Dixon, passed her. The tractor was pulling a refrigerated meat trailer fully loaded with beef carcasses hanging freely from the trailer ceiling. When Dixon cut back in front of Morris, the shifti...
[ "prevail if the use of a restraining device would have prevented the trailer from overturning.", "prevail, because Dixon is strictly liable to Morris for injuries resulting from defects in the trailer. ", "not prevail unless Dixon was driving in a negligent manner at the time Morris was injured.", "not prevai...
A
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mmlu
Fernwood Realty Company developed a residential development, known as the Fernwood Development, which included single-family dwellings, townhouses, and high-rise apartments for a total of 25,000 dwelling units. Included in the deed to each unit was a covenant under which the grantee and the grantee's "heirs and assigns...
[ "the covenant does not touch and concern the land.", "the mixture of types of residential units is viewed as preventing one common development scheme.", "the covenant is a restraint on alienation.", "there is no privity of estate between Page and Gaint" ]
A
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Congress passes an Energy Conservation Act. The act requires all users of energy in this country to reduce their consumption by a specified percentage, to be set by a presidential executive order. The act sets forth specific standards the President must use in setting the percentage and detailed procedures to be follow...
[ "constitutional, because it creates a limited administrative power to implement the statute. ", "constitutional, because inherent executive powers permit such action even without statutory authorization. ", "unconstitutional as an undue delegation of legislative power to the executive.", "unconstitutional, be...
A
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mmlu
Ortega owned Blackacre in fee simple and by his will specifically devised Blackacre as follows: "To my daughter, Eugenia, her heirs and assigns, but if Eugenia dies survived by a husband and a child or children, then to Eugenia's husband during his lifetime with remainder to Eugenia's children, their heirs and assigns....
[ "Luis, because his quitclaim deed did not transfer his after-acquired title. ", "Luis, because José took nothing under Ortega's will. ", "José, because Luis had effectively conveyed his interest to José. ", "José, because the doctrine of after-acquired title applies to a devise by will" ]
C
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mmlu
Duncan was charged with aggravated assault. At trial Duncan did not testify; however, he sought to offer opinion evidence of his good character for truth and veracity. This testimony should be
[ "admitted, because a criminal defendant is entitled to offer evidence of his good character. ", "admitted, because a party's credibility is necessarily in issue. ", "excluded, because character is not admissible to prove conduct in conformity therewith. ", "excluded, because it is evidence of a trait not pert...
D
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mmlu
Alford was a suspect in a homicide committed during a robbery of a liquor store. Barber was a friend of Alford. Police telephoned Barber and asked if he would help locate Alford. Barber agreed and met the police officers at headquarters later that night. After a discussion during which police asked questions about Alfo...
[ "granted, because Barber was effectively in custody and entitled to receive Miranda warnings at the beginning of the discussion. ", "granted, because Barber's rights to counsel and to due process were violated by the interrogation at police headquarters. ", "denied, because his statement was freely and voluntar...
C
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mmlu
The federal government has complete jurisdiction over certain parkland located within the state of Plains. To conserve the wildlife that inhabits that land, the federal government enacts a statute forbidding all hunting of animals in the federal park. That statute also forbids the hunting of animals that have left the ...
[ "this law is a necessary and proper means of protecting United States property.", "the animals are moving in the stream of interstate commerce.", "the police powers of the federal government encompass protection of wild animals.", "shooting wild animals is a privilege, not a right" ]
A
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mmlu
Poe ordered some merchandise from Store. When the merchandise was delivered, Poe decided that it was not what he had ordered, and he returned it for credit. Store refused to credit Poe's account, continued to bill him, and, after 90 days, turned the account over to Kane, a bill collector, for collection. Kane called at...
[ "Yes, if Kane's remarks were heard by any of Poe's neighbors. ", "Yes, because Kane's conduct was extreme and outrageous. ", "No, unless Kane knew that Poe owed no money to Store. ", "No, unless Poe suffered some special damage" ]
D
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mmlu
Poe ordered some merchandise from Store. When the merchandise was delivered, Poe decided that it was not what he had ordered, and he returned it for credit. Store refused to credit Poe's account, continued to bill him, and, after 90 days, turned the account over to Kane, a bill collector, for collection. Kane called at...
[ "Yes, because Kane's conduct was extreme and outrageous. ", "Yes, because Kane was intruding on Poe's property. ", "No, unless Poe suffered physical harm. ", "No, if Poe still owed Store for the merchandise." ]
A
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mmlu
Poe ordered some merchandise from Store. When the merchandise was delivered, Poe decided that it was not what he had ordered, and he returned it for credit. Store refused to credit Poe's account, continued to bill him, and, after 90 days, turned the account over to Kane, a bill collector, for collection. Kane called at...
[ "Yes, because Poe had not first asked Kane to leave the property. ", "Yes, if Poe knew that the door was substantially certain to strike the bullhorn. ", "No, if Kane's conduct triggered Poe's response. ", "No, because Kane was an intruder on Poe's propert" ]
B
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Eureka, Inc., inventor of the LBVC, a laser-beam vegetable chopper, ran a television ad that described the chopper and said, "The LBVC is yours for only $49.99 if you send your check or money order to Box 007, Greenville. Not available in stores." Gourmet, who owned a retail specialty shop, wrote Eureka, "What's your b...
[ "both parties were merchants.", "Eureka had at least 24 LBVCs in stock when Gourmet's check and memo were received.", "Gourmet's check and memo were mailed within three months after his receipt of Eureka's letter.", "Gourmet's check and memo were mailed within a reasonable time after his receipt of Eureka's l...
D
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mmlu
Eureka, Inc., inventor of the LBVC, a laser-beam vegetable chopper, ran a television ad that described the chopper and said, "The LBVC is yours for only $49.99 if you send your check or money order to Box 007, Greenville. Not available in stores." Gourmet, who owned a retail specialty shop, wrote Eureka, "What's your b...
[ "Eureka, as inventor of the LBVC, was not a merchant. ", "the invoice restriction was a material alteration of preexisting terms.", "Eureka's written reply that quoted $39.99 per LBVC but did not contain a restriction on retail sales, was not an offer that Gourmet accepted by ordering 24 LBVCs. ", "Gourmet wa...
C
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mmlu
Downs was indicted in state court for bribing a public official. During the course of the investigation, police had demanded and received from Downs's bank the records of Downs's checking account for the preceding two years. The records contained incriminating evidence. On the basis of a claim of violation of his const...
[ "granted, because a search warrant should have been secured for seizure of the records. ", "granted, because the records covered such an extensive period of time that their seizure unreasonably invaded Downs's right of privacy. ", "denied, because the potential destructibility of the records, coupled with the p...
D
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mmlu
Three states, East Winnetka, Midland, and West Hampton, are located next to one another in that order. The states of East Winnetka and West Hampton permit the hunting and trapping of snipe, but the state of Midland strictly forbids these activities in order to protect snipe, a rare species of animal, from extinction. T...
[ "constitutional, because the traps constitute contraband in which Prentis could have no protected property interest. ", "constitutional, because there is a rational basis for differentiating between the possession of snipe traps as interstate cargo by common carriers and the possession of snipe traps by private i...
B
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mmlu
Three states, East Winnetka, Midland, and West Hampton, are located next to one another in that order. The states of East Winnetka and West Hampton permit the hunting and trapping of snipe, but the state of Midland strictly forbids these activities in order to protect snipe, a rare species of animal, from extinction. T...
[ "The federal rule preempts the Midland state statute, because the federal rule regulates the same subject matter: snipe traps. ", "The federal rule preempts the Midland state statute, because the federal rule does not contain affirmative authorization for continued state regulation. ", "The federal rule does no...
D
null
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mmlu
Orris had title to Brownacre in fee simple. Without Orris' knowledge, Hull entered Brownacre in 1950 and constructed an earthen dam across a watercourse. The earthen dam trapped water that Hull used to water a herd of cattle he owned. After 12 years of possession of Brownacre, Hull gave possession of Brownacre to Burns...
[ "Hull.", "Orris.", "Burns.", "Powell" ]
A
null
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mmlu
Orris had title to Brownacre in fee simple. Without Orris' knowledge, Hull entered Brownacre in 1950 and constructed an earthen dam across a watercourse. The earthen dam trapped water that Hull used to water a herd of cattle he owned. After 12 years of possession of Brownacre, Hull gave possession of Brownacre to Burns...
[ "the person who then held title to Brownacre in fee simple.", "Burns, as purchaser of the dam under the bill of sale. ", "the person who then owned the water rights as an incident thereto.", "Hull, as the builder of the dam" ]
A
null
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mmlu
An issue in Parker's action against Daves for causing Parker's back injury was whether Parker's condition had resulted principally from a similar occurrence five years before, with which Daves had no connection. Parker called Watts, his treating physician, who offered to testify that when she saw Parker after the lates...
[ "admitted, because it is a statement of Parker's then existing physical condition. ", "admitted, because it is a statement made for purposes of medical diagnosis or treatment. ", "excluded, because it is hearsay, not within any exception. ", "excluded, because Parker is available as a witness" ]
B
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mmlu
West, a witness in a contract case, testified on direct examination that four people attended a meeting. When asked to identify them, she gave the names of three but despite trying was unable to remember the name of the fourth person. The attorney who called her as a witness seeks to show her his handwritten notes of t...
[ "a proper attempt to introduce recorded recollection.", "a proper attempt to refresh West's recollection.", "an improper attempt to lead the witness.", "an improper attempt to support West's credibility" ]
B
null
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mmlu
While hospitalized, Marsh asked her attorney to draw a deed conveying her home to her son, Simon. While Marsh remained in the hospital, the deed was drawn, properly executed, and promptly and properly recorded. On being informed of the existence of the deed, Simon told his mother, "I want no part of the property; take ...
[ "the court will impose a constructive trust to carry out the intent of the deceased son.", "the presumption of delivery arising from the recording is not valid unless the grantee has knowledge at the time of the recording.", "Simon's declaration was a constructive reconveyance of the land.", "there was no eff...
D
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mmlu
Plummer, a well-known politician, was scheduled to address a large crowd at a political dinner. Just as he was about to sit down at the head table, Devon pushed Plummer's chair to one side. As a result, Plummer fell to the floor. Plummer was embarrassed at being made to look foolish before a large audience but suffered...
[ "Yes, if Devon knew that Plummer was about to sit on the chair. ", "Yes, if Devon negligently failed to notice that Plummer was about to sit on the chair. ", "No, because Plummer suffered no physical harm along with his embarrassment. ", "No, if in moving the chair Devon intended only a good-natured practical...
A
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mmlu
In a writing signed by both parties, Paul Plannah, a renowned architect, agreed for a fee of $25,000 to design and supervise construction of a new house for Phoebe Threedee, a famous sculptor, the fee to be paid upon completion of the house. Plannah and Threedee got along poorly, and, when the design plans were about t...
[ "Yes, because Plannah's services under the contract are unique. ", "Yes, because Plannah has personally completed two-thirds of the design work. ", "No, because the Plannah-Threedee contract is one for personal services by Plannah. ", "No, because Plannah effectively delegated his remaining duties under the P...
C
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mmlu
In a writing signed by both parties, Paul Plannah, a renowned architect, agreed for a fee of $25,000 to design and supervise construction of a new house for Phoebe Threedee, a famous sculptor, the fee to be paid upon completion of the house. Plannah and Threedee got along poorly, and, when the design plans were about t...
[ "I and II only", "I and III only", "II and III only", "I, II, and II" ]
A
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mmlu
There is high and persistent unemployment in the industrialized state of Green. Its legislature therefore enacted a statute requiring every business with annual sales in Green of over $1 million to purchase each year goods and/or services in Green equal in value to at least half of its sales in Green Which of the follo...
[ "A business in another state that supplies from that other state 95 percent of the goods and services bought by a corporation that has annual sales in Green of $20 million.", "A corporation selling $300,000 worth of goods in Green but presently purchasing only $10,000 in goods and services in Green. ", "The gov...
A
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Constance owned Greenacre in fee simple. She executed two instruments in the proper form of deeds. The first instrument purported to convey an undivided one-half interest in Greenacre to Henry and his wife, Audrey, as joint tenants with right of survivorship. The second instrument purported to convey an undivided one-h...
[ "entirely in Constance.", "one-half in the heirs of Henry and one-half in the heirs of Audrey.", "one-half in Constance, one-quarter in the heirs of Henry, and one-quarter in the heirs of Audrey. ", "one-half in the heirs of Susan, one-quarter in the heirs of Henry, and one-quarter in the heirs of Audrey" ]
D
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In Peck's antitrust suit against manufacturers of insulation, Peck's interrogatories asked for information concerning total sales of insulation by each of the defendant manufacturers in a particular year. The defendants replied to the interrogatories by referring Peck to the Insulation Manufacturers' Annual Journal for...
[ "admissible as an adoptive admission of the defendants.", "admissible as a business record.", "inadmissible, because it is hearsay, not within any exception. ", "inadmissible as lacking sufficient authentication" ]
A
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When Denton heard that his neighbor, Prout, intended to sell his home to a minority purchaser, Denton told Prout that Prout and his wife and children would meet with "accidents" if he did so. Prout then called the prospective purchaser and told him that he was taking the house off the market.If Prout asserts a claim ag...
[ "recover if Denton intended to place Prout in fear of physical harm.", "recover, because Denton's conduct was extreme and outrageous. ", "not recover if Denton took no action that threatened immediate physical harm to Prout.", "not recover, because Prout's action removed any threat of harmful force" ]
C
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When Denton heard that his neighbor, Prout, intended to sell his home to a minority purchaser, Denton told Prout that Prout and his wife and children would meet with "accidents" if he did so. Prout then called the prospective purchaser and told him that he was taking the house off the market.If Prout asserts a claim ag...
[ "recover if Prout suffered severe emotional distress as a consequence of Denton's conduct.", "recover, because Denton intended to frighten Prout. ", "not recover, because Denton made no threat of immediate physical harm to Prout or his family. ", "not recover if Prout suffered no physical harm as a consequenc...
A
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The German-made Doppelpferd, featuring sleek styling and remarkable fuel efficiency, is the most popular automobile in the United States. Its U.S. sales are booming, and the average retail markup in such sales is 30 percent. Hardsell Motors, Inc., a franchised Doppelpferd dealer in the United States, contracted with Sh...
[ "$9,000 minus what it cost Hardsell to purchase the car from the manufacturer. ", "$9,000 minus the wholesale price of an identical Doppelpferd in the local wholesale market among dealers. ", "nominal damages only, because Hardsell resold the car to Karbuff without lowering the retail price. ", "nothing, beca...
A
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A statute in a jurisdiction makes it a crime to sell ammunition to a minor (defined as a person under the age of 18). The courts have interpreted this statute as creating a strict liability offense that does not require knowledge of the age of the purchaser and as creating vicarious liability. Duncan, who was 16 years ...
[ "it was impossible for the sale to have occurred.", "she had strictly instructed her employees not to sell ammunition to minors.", "Duncan lied about his age.", "the clerk did not have the mental state needed for attempt." ]
D
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Otto conveyed Goldacre to "Andy, his heirs and assigns, but if Andy dies and is not survived by children by his present wife, Jane, then to Bob and his heirs and assigns." Shortly after taking possession, Andy discovered rich metal deposits on the land, opened a mining operation, and removed and sold a considerable qua...
[ "Bob has no interest in Goldacre.", "the right to take minerals is an incident of a defeasible fee simple.", "the right to take minerals is an incident of the right to possession.", "there was no showing that Andy acted in bad fait" ]
B
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A state statute makes fraud for personal financial gain a crime. Jones was convicted of violating this statute on three separate occasions. Following his most recent conviction, he professed to have undergone a religious conversion and proclaimed himself to be the divine minister of "St. Rockport," an alleged messiah ...
[ "deprived him of the equal protection of the laws because other religious ministers have not been charged under this statute.", "denied him procedural due process because it placed upon Jones the burden of rebutting evidence, submitted by the state, of his bad faith in raising this money. ", "denied him rights ...
D
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Hammond decided to kill his wife by poisoning her. He asked his friend, Jordan, a pharmacist, to obtain some curare, a deadly poison, and to give it to him without recording the transaction. Because Jordan suspected Hammond's motive, she supplied Hammond with a small quantity of Marvane, an antibiotic, instead of curar...
[ "murder.", "manslaughter.", "criminally negligent homicide.", "no degree of criminal homicide" ]
D
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Hammond decided to kill his wife by poisoning her. He asked his friend, Jordan, a pharmacist, to obtain some curare, a deadly poison, and to give it to him without recording the transaction. Because Jordan suspected Hammond's motive, she supplied Hammond with a small quantity of Marvane, an antibiotic, instead of curar...
[ "murder only.", "murder and conspiracy.", "attempted murder only.", "attempted murder and conspirac" ]
A
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While on a hiking trip during the late fall, Page arrived, toward the end of the day, at a clearing where several similar cabins were located, none of which was occupied. One of the cabins belonged to Levin, Page's friend, who had given Page permission to use it. Page entered one of the cabins, which she thought was Le...
[ "Yes, if Dwyer knew that the stove was defective. ", "Yes, if Dwyer could have discovered the defect in the stove by a reasonable inspection. ", "No, because Dwyer had no reason to anticipate Page's presence in the cabin. ", "No, unless Page needed to use the cabin for her own protection." ]
C
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On January 1, Awl and Howser agreed in writing that Awl would build a house on Howser's lot according to Howser's plans and specifications for $60,000, the work to commence on April 1. Howser agreed to make an initial payment of $10,000 on April 1, and to pay the balance upon completion of the work. On February 1, Awl ...
[ "Howser will win, because Awl in legal effect committed a total breach of contract. ", "Howser will win, because Gutter's contract price was $15,000 lower than the $90,000 demanded by Awl on February 1. ", "Awl will win, because Howser did not tell him before April 1 about the contract with Gutter. ", "Awl wi...
A
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On January 1, Awl and Howser agreed in writing that Awl would build a house on Howser's lot according to Howser's plans and specifications for $60,000, the work to commence on April 1. Howser agreed to make an initial payment of $10,000 on April 1, and to pay the balance upon completion of the work. On February 1, Awl ...
[ "the difference between the fair market value of the completed house and Awl's original contract price.", "$30,000, the difference between Awl's original contract price and the amount Awl demanded on February 1. ", "$25,000, the difference between Awl's original contract price and the total amount Howser paid G...
D
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During the night, Murphy broke into a house with the intention of stealing a typewriter. On not finding a typewriter, she became angry, poured lighter fluid onto a couch, and set it on fire. The flames destroyed the couch and also burned a portion of the ceiling in the room. In a common law jurisdiction, Murphy is guil...
[ "burglary only.", "arson only.", "burglary and attempted arson.", "burglary and arson" ]
D
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Argus Corporation is privately owned and incorporated in the state of Kiowa. It contracted with the United States to construct a dam across the Big Sandy River in the state of Arapaho. The state of Arapaho imposed a gross receipts tax on all business conducted within the state. Arapaho sued Argus Corporation to collect...
[ "constitutional, because a state has exclusive jurisdiction over all commercial transactions executed wholly within its borders. ", "constitutional, because private contractors performing work under a federal contract are not immune in these circumstances from nondiscriminatory state taxation. ", "unconstitutio...
B
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Parmott sued Dexter in an automobile collision case. At trial, Parmott wishes to show by extrinsic evidence that Wade, Dexter's primary witness, is Dexter's partner in a gambling operation. This evidence is
[ "admissible as evidence of Wade's character.", "admissible as evidence of Wade's possible bias in favor of Dexter.", "inadmissible, because criminal conduct can be shown only by admission or a record of conviction. ", "inadmissible, because bias must be shown on cross-examination and not by extrinsic evidence...
B
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Taylor and Scott, an unmarried couple, purchased a condominium as tenants in common and lived in the condominium for three years. Subsequently, they made a verbal agreement that, on the death of either of them, the survivor would own the entire condominium, and, as a result, they decided they did not need wills. Two ye...
[ "Martha owns the entire interest because Taylor and Scott did not make wills in reliance upon their oral agreement.", "Martha owns the entire interest because she is entitled to reformation of the deed to reflect the verbal agreement.", "Mark and Martha each own an undivided one-half interest because Taylor and...
D
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Telco, a local telephone company, negligently allowed one of its telephone poles, located between a street and a sidewalk, to become termite-ridden. Rhodes, who was intoxicated and driving at an excessive rate of speed, lost control of her car and hit the weakened telephone pole. One week later, the pole fell and struc...
[ "Yes, against Telco but not Rhodes. ", "Yes, against Rhodes but not Telco. ", "Yes, against Telco and Rhodes, each for one-half of his damages. ", "Yes, against both Telco and Rhodes for the full amount of his damages" ]
D
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Dirk broke into Vera's house one night. As he started to stuff silverware into a sack, he was surprised by Vera, who had arrived home earlier than usual. Dirk struck Vera on the head with a candlestick and tied her up. He finished filling his sack and left. The police discovered Vera several hours later and rushed her ...
[ "denied, because failure of the police to advise Dirk of Vera's condition was harmless error since felony murder does not require intent to kill or injure. ", "denied, because Dirk's waiver of his rights did not depend upon the nature of the charges that were later filed against him. ", "granted, because Dirk c...
B
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In 1956, Silo Cement Company constructed a plant for manufacturing ready-mix concrete in Lakeville. At that time Silo was using bagged cement, which caused little or no dust. In 1970, Petrone bought a home approximately 1,800 feet from the Silo plant. One year ago, Silo stopped using bagged cement and began to receive ...
[ "Yes, unless using bagged cement would substantially increase Silo's costs. ", "Yes, if the cement dust interfered unreasonably with the use and enjoyment of Petrone's property. ", "No, because Silo is not required to change its industrial methods to accommodate the needs of one individual. ", "No, if Silo's ...
B
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On a wholly random basis, a state agency has given a few probationary employees who were not rehired at the end of their probationary periods a statement of reasons and an opportunity for a hearing; but the agency has very rarely done so. No statute or rule of the agency required such a statement of reasons or a hearin...
[ "successful on the grounds that failure to give Masters reasons and an opportunity for a hearing constituted a bill of attainder.", "successful on the grounds that an agency's inconsistent practices, even if unintentional, deny adversely affected persons the equal protection of the laws. ", "unsuccessful, becau...
C
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Able, an attorney, sued Clinton, a client, for his fee, based on an agreed hourly rate. Clinton subpoenaed the attorney's time records for the days on which he purported to have worked for Clinton, in order to show that Able had billed an impossible number of hours to Clinton and others on those days. Clinton's subpoen...
[ "upheld, because the information about hours billed is not within the privilege ", "upheld, because an attorney has no right to invoke his clients' privilege without instructions from the clients. ", "quashed, because an attorney is entitled to a right of privacy for the work product in his files. ", "quashed...
A
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Furrow leased in writing a 100-acre farm from Quark for five years at $2,000 per year, with an option to purchase "five acres of the land for $10,000 cash" at the end of the lease term. Before the lease was executed, Quark orally promised to have a five-acre parcel surveyed before the end of the lease term. Furrow took...
[ "The option part of the agreement is unenforceable because it lacked a separate consideration.", "The description of the property to be sold in the parties' written agreement is too indefinite to permit the remedy sought.", "Quark's failure to have the five-acre parcel surveyed was failure of a condition preced...
B
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Furrow leased in writing a 100-acre farm from Quark for five years at $2,000 per year, with an option to purchase "five acres of the land for $10,000 cash" at the end of the lease term. Before the lease was executed, Quark orally promised to have a five-acre parcel surveyed before the end of the lease term. Furrow took...
[ "Quasi-contract, for benefits unofficiously and nongratuitously conferred upon Quark by Furrow. ", "Tort, for conversion by Quark in retaking possession of the improvements. ", "Breach of trust by Quark as trustee of a resulting trust of the improvements.", "Breach by Quark of an implied-in-fact promise (mani...
A
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Abco developed a new drug, ZB, for treatment of Wegener's disease. Abco extensively tested ZB for several years on animals and human volunteers and observed no undesirable side effects. The federal Food and Drug Administration (FDA) then approved ZB for sale as a prescription drug. Five other drug companies, each actin...
[ "Does the res ipsa loquitur doctrine apply?", "Can liability be imposed on Abco without proof that Abco knew that the drug had an undesirable side effect?", "Is Abco relieved of liability by the FDA approval of the drug?", "Can liability be imposed on Abco without showing that its pills were used by Crane's f...
D
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A state statute provides that only citizens of the United States may be employed by that state. In an action brought in a federal court, a resident alien who was prevented from obtaining state employment as a garbage collector solely because of his alien status challenged the statute's constitutionality as applied to h...
[ "The alien must demonstrate that there is no rational relationship between the citizenship requirement and any legitimate state interest.", "The alien must demonstrate that the citizenship requirement is not necessary to advance an important state interest.", "The state must demonstrate that there is a rational...
D
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In litigation over the estate of Baggs, who died intestate, Payton, who is 18 years old, claimed to be Baggs's niece and entitled, therefore, to a share of his large estate. In support of her claim, Payton offered in evidence a Bible, properly identified as having belonged to Baggs's family, in the front of which was a...
[ "admissible as an ancient document.", "admissible as a family record.", "inadmissible, because it is hearsay, not within any exception. ", "inadmissible, because there was no showing of firsthand knowledge by the one who wrote it" ]
B
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Smythe was charged with the murder of his wife. In his defense, he testified that at the time he killed her, he believed that his wife was planning to destroy the world by detonating a massive explosive device that she had developed and built in the basement of their home. He further testified that he had tried many ti...
[ "lack of the requisite mental element.", "lack of the requisite act element.", "insanity.", "belief that the situation justified his actions" ]
C
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After being notified by Dr. Josephs that Nurse Norris's employment with his office was terminated, Norris applied for a position with Hospital. In her application, Norris listed her former employment with Josephs. Josephs, in response to a telephone inquiry from Hospital, stated that "Norris lacked professional compete...
[ "Yes, because Josephs was mistaken in the facts on which he based his opinion of Norris's competence. ", "Yes, because the statement of Josephs reflected adversely on Norris's professional competence. ", "No, if Norris authorized Hospital to make inquiry of her former employer. ", "No, if Josephs had reasonab...
D
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Pullen used aluminum brackets in her business. On the telephone listed as hers in the telephone book, Pullen received a call in which the caller said, "This is John Denison of Denison Hardware Company. We have a special on aluminum brackets this week at 30 percent off." Pullen ordered brackets from the caller. When the...
[ "the call related to business reasonably transacted over the telephone.", "the call was received at a number assigned to Pullen by the telephone company.", "after hearing Denison speak in chambers, Pullen recognized Denison's voice as that of the person on the telephone. ", "self-identification is sufficient ...
C
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The High National Grasslands is owned by the United States and is located in the center of a large western state. Acting pursuant to a federal statute authorizing such action, the United States Bureau of Land Management leased the grazing rights in the High National Grasslands to ranchers located nearby. Grazingland Co...
[ "The general welfare clause of Article I, § 8. ", "The federal property clause of Article IV, § 3. ", "The commerce clause of Article I, § 8. ", "The supremacy clause of Article VI" ]
B
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Ann leased commercial property to Brenda for a period of 10 years. The lease contained the following provision: "No subleasing or assignment will be permitted unless with the written consent of the lessor." One year later, Brenda assigned all interest in the lease to Carolyn, who assumed and agreed to perform the lesse...
[ "laches.", "an accord and satisfaction.", "a novation.", "an attornment" ]
C
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On January 2, Hugh Homey and Sue Structo entered into a written contract in which Structo agreed to build on Homey's lot a new house for Homey, according to plans and specifications furnished by Homey's architect, Barbara Bilevel, at a contract price of $200,000. The contract provided for specified progress payments an...
[ "Homey will recover damages as specified in the contract, i.e., $500 multiplied by 15. ", "Homey will recover his actual damages, if any, caused by the delay in completion. ", "Having waived the delay by occupying the house and making the final payment Homey will recover nothing.", "Homey will recover nothing...
B
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On January 2, Hugh Homey and Sue Structo entered into a written contract in which Structo agreed to build on Homey's lot a new house for Homey, according to plans and specifications furnished by Homey's architect, Barbara Bilevel, at a contract price of $200,000. The contract provided for specified progress payments an...
[ "Structo wins, because nonoccurrence of the condition requiring Bilevel's certificate of final approval was excused by Bilevel's bad-faith refusal to issue the certificate. ", "Structo wins, but, because all contractual conditions have not occurred, her recovery is limited to restitution of the benefit conferred ...
A
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Chemco designed and built a large tank on its premises for the purpose of storing highly toxic gas. The tank developed a sudden leak and escaping toxic gas drifted onto the adjacent premises, where Nyman lived. Nyman inhaled the gas and died as a result. In a suit brought by Nyman's personal representative against Chem...
[ "I only.", "I and II only.", "I and III only.", "I, II, and III" ]
A
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Zall, a resident of the state of Paxico, brought suit in federal district court against Motors, Inc., a Paxico corporation. Zall seeks recovery of $12,000 actual and $12,000 punitive damages arising from Motors's sale to him of a defective automobile. Zall's suit is based only on a common law contract theory. From a co...
[ "Yes, because Article III vests federal courts with jurisdiction over cases involving the obligation of contracts. ", "Yes, because it is an action affecting interstate commerce. ", "No, because this suit is not within the jurisdiction of an Article III court. ", "No, because there is no case or controversy w...
C
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Pack sued Donlon for slander, alleging that Donlon had publicly accused Pack of being a thief. In his answer, Donlon admitted making the accusation, but alleged that it was a true statement. At trial, Donlon offers evidence that Pack stole a ring worth $10,000 from a jewelry store. Evidence concerning this theft should...
[ "admitted, because specific instances of conduct may be proved when character is directly in issue. ", "admitted, because Pack's action constituted a felony. ", "excluded, because character must be shown by reputation or opinion. ", "excluded, because its relevance is substantially outweighed by the danger of...
A
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Rimm and Hill were fooling around with a pistol in Hill's den. Rimm aimed the pistol in Hill's direction and fired three shots slightly to Hill's right. One shot ricocheted off the wall and struck Hill in the back, killing him instantly. The most serious crime of which Rimm can be convicted is
[ "murder.", "voluntary manslaughter.", "involuntary manslaughter.", "assault with a dangerous weapon" ]
A
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Oaks, the owner of Blackacre, conveyed a rightof-way to United Utility "for the underground transportation of gas by pipeline, the location of right-of-way to be mutually agreed upon by Oaks and United Utility." United Utility then installed a six-inch pipeline at a location selected by it and not objected to by Oaks. ...
[ "any right implied to expand the original use of the right-of-way creates an interest that violates the Rule Against Perpetuities.", "the original installation by United Utility defined the scope of the easement.", "Oaks did not expressly agree to the location of the right-of-way.", "the assertion of the righ...
B
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A statute authorizes a specified federal administrative agency to issue rules governing the distribution of federal grant funds for scientific research. The statute provides that, in issuing those rules, the agency must follow procedures and substantive standards contained in the statute. In a severable provision, the ...
[ "constitutional, because it is a necessary and proper means of ensuring that the rules issued by this agency are actually consistent with the will of Congress. ", "constitutional, because discretionary money grants authorized by statute are privileges, not rights, and therefore Congress has greater freedom to int...
D
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Perez sued Dawson for damages arising out of an automobile collision. At trial, Perez called Minter, an eyewitness to the collision. Perez expected Minter to testify that she had observed Dawson's automobile for five seconds prior to the collision and estimated Dawson's speed at the time of the collision to have been 5...
[ "admissible as a present sense impression.", "admissible to impeach Minter.", "inadmissible, because Perez may not impeach his own witness. ", "inadmissible, because it is hearsay, not within any exception" ]
B
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On August 1, Geriatrics, Inc., operating a "lifetime care" home for the elderly, admitted Ohlster, who was 84 years old, for a trial period of two months. On September 25, Ohlster and Geriatrics entered into a written lifetime care contract with an effective commencement date of October 1. The full contract price was $...
[ "Yes, because Geriatrics would otherwise be unjustly enriched at Ohlster's expense. ", "Yes, under the doctrine of frustration of purpose. ", "No, because Ohlster's life span and the duration of Geriatrics' commitment to him was a risk assumed by both parties. ", "No, but only if Geriatrics can show that betw...
C
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Frank owned two adjacent parcels, Blackacre and Whiteacre. Blackacre fronts on a poor unpaved public road, while Whiteacre fronts on Route 20, a paved major highway. Fifteen years ago, Frank conveyed to his son, Sam, Blackacre "together with a right-of-way 25 feet wide over the east side of Whiteacre to Route 20." At t...
[ "Doris, because merger extinguished the easement. ", "Doris, because Joe has overburdened the easement. ", "Joe, because he has an easement by necessity. ", "Joe, because he has the easement granted by Frank to Sam" ]
D
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Able and Baker are students in an advanced high school Russian class. During an argument one day in the high school cafeteria, in the presence of other students, Able, in Russian, accused Baker of taking money from Able's locker. In a suit by Baker against Able based on defamation, Baker will
[ "prevail, because Able's accusation constituted slander per se. ", "prevail, because the defamatory statement was made in the presence of third persons. ", "not prevail, unless Able made the accusation with knowledge of falsity or reckless disregard of the truth. ", "not prevail, unless one or more of the oth...
D
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