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Sal owned five adjoining rectangular lots, numbered 1 through 5 inclusive, all fronting on Main Street. All of the lots are in a zone limited to one- and two-family residences under the zoning ordinance. Two years ago, Sal conveyed Lots 1, 3, and 5. None of the three deeds contained any restrictions. Each of the new ow...
[ "All plaintiffs should be awarded their requested judgment for injunction because there was a common development scheme, but award of damages should be denied to all. ", "Peter should be awarded appropriate remedy, but recovery by the other plaintiffs is doubtful. ", "Injunction should be denied, but damages sh...
B
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Kelly County, in the state of Green, is located adjacent to the border of the state of Red. The communities located in Kelly County are principally suburbs of Scarletville, a large city located in Red, and therefore there is a large volume of traffic between that city and Kelly County. While most of that traffic is by ...
[ "Judgment for Scarletville taxicab owners, because the fact that private passenger automobiles contribute more to the traffic congestion problem in Kelly County than do taxicabs indicates that the ordinance is not a reasonable means by which to solve that problem. ", "Judgment for Scarletville taxicab owners, bec...
B
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Paul sued Donna for breach of contract. Paul's position was that Joan, whom he understood to be Donna's agent, said: "On behalf of Donna, I accept your offer." Donna asserted that Joan had no actual or apparent authority to accept the offer on Donna's behalf. Paul's testimony concerning Joan's statement is
[ "admissible, provided the court first finds by a preponderance of the evidence that Joan had actual or apparent authority to act for Donna. ", "admissible, upon or subject to introduction of evidence sufficient to support a finding by the jury that Joan had actual or apparent authority to act for Donna. ", "ina...
B
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A city ordinance requires a taxicab operator's license to operate a taxicab in King City. The ordinance states that the sole criteria for the issuance of such a license are driving ability and knowledge of the geography of King City. An applicant is tested by the city for these qualifications with a detailed questionna...
[ "John, because the due process clause of the Fourteenth Amendment requires all persons whose property may be adversely affected by governmental action to be given an opportunity for a hearing before such action occurs. ", "John, because the determination of whether to hold a hearing may not constitutionally be le...
D
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Homer lived on the second floor of a small convenience store/gas station that he owned. One night he refused to sell Augie a sixpack of beer after hours, saying he could not violate the state laws. Augie became enraged and deliberately drove his car into one of the gasoline pumps, severing it from its base. There was a...
[ "convicted of both offenses.", "convicted of involuntary manslaughter and acquitted of arson.", "convicted of arson and involuntary manslaughter.", "acquitted of both offenses." ]
A
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Bye Bye telegraphed Vendor on June 1, "At what price will you sell 100 of your QTModel garbage-disposal units for delivery around June 10?" Thereafter, the following communications were exchanged: 1. Telegram from Vendor received by Bye Bye on June 2: "You're in luck. We have only 100 QT's, all on clearance at 50% off ...
[ "Vendor's telegram received on June 2 was merely a price quotation, not an offer. ", "Bye Bye's letter received on June 5 was not an acceptance because it varied the terms of Vendor's initial telegram.", "Bye Bye's use of the mails in response to Vendor's initial telegram was an ineffective method of acceptance...
D
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At a party, Diane and Victor agreed to play a game they called "spin the barrel." Victor took an unloaded revolver, placed one bullet in the barrel, and spun the barrel. Victor then pointed the gun at Diane's head and pulled the trigger once. The gun did not fire. Diane then took the gun, pointed it at Victor, spun the...
[ "murder in the first degree, because the killing was intentional and premeditated and, in any event, occurred during commission of the felony of assault with a deadly weapon. ", "murder in the second degree, because Diane's act posed a great threat of serious bodily harm. ", "manslaughter, because Diane's act w...
B
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Abel owned Blackacre in fee simple. Three years ago, Abel and Betty agreed to a monthto-month tenancy with Betty paying Abel rent each month. After six months of Betty's occupancy, Abel suggested to Betty that she could buy Blackacre for a monthly payment of no more than her rent. Abel and Betty orally agreed that Bett...
[ "Abel, because the agreements were oral and violated the statute of frauds. ", "Abel, subject to the return of the $25,000, because the arrangement was still a tenancy. ", "Betty, because the doctrine of part performance applies. ", "Betty, because the statute of frauds does not apply to oral purchase and sal...
C
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A statute of State X permits a person's name to appear on the general election ballot as a candidate for statewide public office if the person pays a $100 filing fee and provides proof from the State Elections Board that he or she was nominated in the immediately preceding primary election by one of the state's two maj...
[ "The First Amendment.", "The Thirteenth Amendment.", "The Fourteenth Amendment.", "The Fifteenth Amendment." ]
C
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Defendant is on trial for the murder of his father. Defendant's defense is that he shot his father accidentally. The prosecutor calls Witness, a police officer, to testify that on two occasions in the year prior to this incident, he had been called to Defendant's home because of complaints of loud arguments between Def...
[ "inadmissible, because it is improper character evidence. ", "inadmissible, because Witness lacks firsthand knowledge of who started the quarrels. ", "admissible to show that Defendant killed his father intentionally.", "admissible to show that Defendant is a violent person." ]
C
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Alex and Brenda owned in fee simple Greenacre as tenants in common, each owning an undivided one-half interest. Alex and Brenda joined in mortgaging Greenacre to Marge by a properly recorded mortgage that contained a general warranty clause. Alex became disenchanted with land-owning and notified Brenda that he would no...
[ "lose, because Marge's title had been warranted by an express provision of the mortgage. ", "lose, because there was no redemption from the mortgage. ", "win, because Brenda is entitled to marshalling. ", "win, because the cotenancy of the mortgagors was in common and not joint." ]
B
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The police had, over time, accumulated reliable information that Jason operated a large cocainedistribution network, that he and his accomplices often resorted to violence, and that they kept a small arsenal of weapons in his home. One day, the police received reliable information that a large brown suitcase with leath...
[ "granted, because the search and seizure were the result of illegal police conduct in executing the search warrant. ", "granted, because the police did not inform Jason that he was under arrest and did not read him his Miranda rights. ", "denied, because the search and seizure were incident to a lawful arrest. ...
C
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mmlu
The police had, over time, accumulated reliable information that Jason operated a large cocainedistribution network, that he and his accomplices often resorted to violence, and that they kept a small arsenal of weapons in his home. One day, the police received reliable information that a large brown suitcase with leath...
[ "granted, because the entry by forcing open the door was not reasonable. ", "granted, because the police failed to read Jason his Miranda rights. ", "denied, because the statement was volunteered. ", "denied, because the statement was the product of a lawful public safety search. " ]
C
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The police had, over time, accumulated reliable information that Jason operated a large cocainedistribution network, that he and his accomplices often resorted to violence, and that they kept a small arsenal of weapons in his home. One day, the police received reliable information that a large brown suitcase with leath...
[ "granted, because the search exceeded the scope needed to find out if other persons were present. ", "granted, because once the object of the warrant €”the brown suitcase €”had been found and seized, no further search of the house is permitted. ", "denied, because the police were lawfully in the bedroom and the...
A
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Plaintiff is suing Doctor for medical malpractice occasioned by allegedly prescribing an incorrect medication, causing Plaintiff to undergo substantial hospitalization. When Doctor learned of the medication problem, she immediately offered to pay Plaintiff's hospital expenses. At trial, Plaintiff offers evidence of Doc...
[ "admissible as a nonhearsay statement of a party.", "admissible, although hearsay, as a statement against interest. ", "inadmissible, because it is an offer to pay medical expenses. ", "inadmissible, because it is an offer to compromise. " ]
C
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Sam and two of his friends were members of a teenage street gang. While they were returning from a dance late one evening, their car collided with a car driven by an elderly woman. After an argument, Sam attacked the elderly woman with his fists and beat her to death. Sam's two friends watched, and when they saw the wo...
[ "acquitted, because Sam was not convicted of the offense. ", "acquitted, because they did not assist or encourage Sam to commit the crime. ", "convicted, because they urged him to flee. ", "convicted, because they made no effort to intervene. " ]
B
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Employer retained Doctor to evaluate medical records of prospective employees. Doctor informed Employer that Applicant, a prospective employee, suffered from AIDS. Employer informed Applicant of this and declined to hire her. Applicant was shocked by this news and suffered a heart attack as a result. Subsequent tests r...
[ "III only.", "I and II only.", "II and III only.", "I, II, and III." ]
A
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Gourmet, a famous chef, entered into a written agreement with his friend Deligor, a well-known interior decorator respected for his unique designs, in which Deligor agreed, for a fixed fee, to design the interior of Gourmet's new restaurant, and, upon Gourmet's approval of the design plan, to decorate and furnish the r...
[ "Yes, because the agreement contained no prohibition against assignment or delegation. ", "Yes, because Gourmet received adequate assurances of Newman's ability to complete the job. ", "No, because Deligor's duties were of a personal nature, involving his reputation, taste, and skill. ", "No, because Deligor'...
C
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Gourmet, a famous chef, entered into a written agreement with his friend Deligor, a well-known interior decorator respected for his unique designs, in which Deligor agreed, for a fixed fee, to design the interior of Gourmet's new restaurant, and, upon Gourmet's approval of the design plan, to decorate and furnish the r...
[ "Deligor only, because Deligor's agreement with Newman did not discharge his duty to Gourmet, and Newman made no express promise to Gourmet. ", "Newman only, because Deligor's duty to Gourmet was discharged when Deligor obtained a skilled decorator (Newman) to perform the Gourmet-Deligor contract. ", "Newman on...
D
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Plaintiff sued Defendant Auto Manufacturing for his wife's death, claiming that a defective steering mechanism on the family car caused it to veer off the road and hit a tree when his wife was driving. Defendant claims that the steering mechanism was damaged in the collision and offers testimony that the deceased wife ...
[ "admissible to provide an alternate explanation of the accident's cause.", "admissible as proper evidence of the wife's character.", "inadmissible, because it is improper to prove character evidence by specific conduct. ", "inadmissible, because it is substantially more prejudicial than probative." ]
A
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Otis owned in fee simple Lots 1 and 2 in an urban subdivision. The lots were vacant and unproductive. They were held as a speculation that their value would increase. Otis died and, by his duly probated will, devised the residue of his estate (of which Lots 1 and 2 were part) to Lena for life with remainder in fee simp...
[ "the amount paid, because a life tenant has the duty to pay current charges. ", "the present value of the interest that the amount paid would earn during Lena's lifetime.", "nothing, because Lena's sole possession gave the right to decide whether or not taxes should be paid. ", "nothing, because Lena never re...
D
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Plaintiff Construction Co. sued Defendant Development Co. for money owed on a costplus contract that required notice of proposed expenditures beyond original estimates. Defendant asserted that it never received the required notice. At trial Plaintiff calls its general manager, Witness, to testify that it is Plaintiff's...
[ "admissible, though hearsay, under the business record exception. ", "admissible, because of the routine practices of the company. ", "inadmissible, because it is hearsay not within any exception. ", "inadmissible, because it is not the best evidence of the notice." ]
B
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Plaintiff sued Defendant under an age discrimination statute, alleging that Defendant refused to hire Plaintiff because she was over age 65. Defendant's defense was that he refused to employ Plaintiff because he reasonably believed that she would be unable to perform the job. Defendant seeks to testify that Employer, P...
[ "inadmissible, because Defendant's opinion of Plaintiff's abilities is not based on personal knowledge. ", "inadmissible, because Employer's statement is hearsay not within any exception. ", "admissible as evidence that Plaintiff would be unable to work longer than four hours per day.", "admissible as evidenc...
D
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A federal statute provides that the cities in which certain specified airports are located may regulate the rates and services of all limousines that serve those airports, without regard to the origin or destination of the passengers who use the limousines. The cities of Redville and Greenville are located adjacent to ...
[ "Yes, because the airport is located in Redville and, therefore, its city council has exclusive regulatory authority over all transportation to and from the airport. ", "Yes, because Congress has authorized this form of regulation by Redville and, therefore, removed any constitutional impediments to it that may h...
B
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While approaching an intersection with the red light against him, Motorist suffered a heart attack that rendered him unconscious. Motorist's car struck Child, who was crossing the street with the green light in her favor. Under the state motor vehicle code, it is an offense to drive through a red traffic light. Child s...
[ "grant Child's motion, because Motorist ran a red light in violation of the motor vehicle code. ", "grant Child's motion, because, in the circumstances, reasonable persons would infer that Motorist was negligent. ", "grant Motorist's motion, because he had no history of heart disease or warning of the heart att...
C
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In a jurisdiction without a Dead Man's Statute, Parker's estate sued Davidson claiming that Davidson had borrowed from Parker $10,000, which had not been repaid as of Parker's death. Parker was run over by a truck. At the accident scene, while dying from massive injuries, Parker told Officer Smith to "make sure my esta...
[ "inadmissible, because it is more unfairly prejudicial than probative. ", "inadmissible, because it is hearsay not within any exception. ", "admissible as an excited utterance.", "admissible as a statement under belief of impending death." ]
B
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Landholder was land-rich by inheritance but money-poor, having suffered severe losses on bad investments, but still owned several thousand acres of unencumbered timberland. He had a large family, and his normal, fixed personal expenses were high. Pressed for cash, he advertised a proposed sale of standing timber on a c...
[ "Bad faith.", "Equitable estoppel.", "Unconscionability.", "Duress." ]
C
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Landholder was land-rich by inheritance but money-poor, having suffered severe losses on bad investments, but still owned several thousand acres of unencumbered timberland. He had a large family, and his normal, fixed personal expenses were high. Pressed for cash, he advertised a proposed sale of standing timber on a c...
[ "lose, as only an incidental beneficiary, if any, of the Logger-Landholder contract. ", "lose, as a maintainer of nuisance litigation. ", "prevail, as a third-party intended beneficiary of the Logger-Landholder contract. ", "prevail, as a surrogate for Landholder in view of his inability to enforce the contra...
A
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A federal statute with inseverable provisions established a new five-member National Prosperity Board with broad regulatory powers over the operation of the securities, banking, and commodities industries, including the power to issue rules with the force of law. The statute provides for three of the board members to b...
[ "unconstitutional, because all members of federal boards having broad powers that are quasi-legislative in nature, such as rulemaking, must be appointed by Congress. ", "unconstitutional, because all members of federal boards exercising executive powers must be appointed by the President or in a manner otherwise ...
B
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By a writing, Oner leased his home, Blackacre, to Tenn for a term of three years, ending December 31 of last year, at the rent of $1,000 per month. The lease provided that Tenn could sublet and assign. Tenn lived in Blackacre for one year and paid the rent promptly. After one year, Tenn leased Blackacre to Agrit for on...
[ "against Tenn individually for $24,000, and no judgment against Agrit. ", "against Tenn individually for $18,000, and against Agrit individually for $6,000. ", "against Tenn for $12,000, and against Tenn and Agrit jointly and severally for $12,000. ", "against Tenn individually for $18,000, and against Tenn a...
A
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In a trial to a jury, Owner proved that Power Company's negligent maintenance of a transformer caused a fire that destroyed his restaurant. The jury returned a verdict for Owner in the amount of $450,000 for property loss and $500,000 for emotional distress. The trial judge entered judgment in those amounts. Power Comp...
[ "affirmed, because Power Company negligently caused Owner's emotional distress. ", "affirmed, because harm arising from emotional distress is as real as harm caused by physical impact. ", "reversed, because the law does not recognize a claim for emotional distress incident to negligently caused property loss. "...
C
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Bill owned in fee simple Lot 1 in a properly approved subdivision, designed and zoned for industrial use. Gail owned the adjoining Lot 2 in the same subdivision. The plat of the subdivision was recorded as authorized by statute. Twelve years ago, Bill erected an industrial building wholly situated on Lot 1 but with one...
[ "Bill, if, but only if, the subsidence would have occurred without the weight of the building on Lot 1. ", "Bill, because a right for support, appurtenant to Lot 1, had been acquired by adverse possession or prescription. ", "Gail, because Lots 1 and 2 are urban land, as distinguished from rural land and, there...
A
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Defendant is charged with murder in connection with a carjacking incident during which Defendant allegedly shot Victim while attempting to steal Victim's car. The prosecutor calls Victim's four-year-old son, whose face was horribly disfigured by the same bullet, to testify that Defendant shot his father and him. The so...
[ "admitted, provided the prosecutor first provides evidence that persuades the judge that the son is competent to testify despite his tender age. ", "admitted, provided there is sufficient basis for believing that the son has personal knowledge and understands his obligation to testify truthfully. ", "excluded, ...
B
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A federal statute provides that the United States Supreme Court has authority to review any case filed in a United States Court of Appeals, even though that case has not yet been decided by the court of appeals. The Environmental Protection Agency (EPA), an agency in the executive branch of the federal government, issu...
[ "the case is not within the original jurisdiction of the Supreme Court as defined by Article III, and it is not a proper subject of that court's appellate jurisdiction because it has not yet been decided by any lower court. ", "the case is appellate in nature, but it is beyond the appellate jurisdiction of the Su...
A
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Patron ate a spicy dinner at Restaurant on Sunday night. He enjoyed the food and noticed nothing unusual about the dinner. Later that evening, Patron had an upset stomach. He slept well through the night, went to work the next day, and ate three meals. His stomach discomfort persisted, and by Tuesday morning he was too...
[ "no one else who ate at Restaurant on Sunday complained about stomach discomfort.", "Restaurant instructs its employees to wash their hands carefully and is not responsible if any employee fails to follow these instructions.", "Patron has failed to establish that Restaurant's food caused his illness.", "Patro...
C
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In a jurisdiction that has abolished the felony-murder rule, but otherwise follows the common law of murder, Sally and Ralph, both armed with automatic weapons, went into a bank to rob it. Ralph ordered all the persons in the bank to lie on the floor. When some were slow to obey, Sally, not intending to hit anyone, fir...
[ "Sally can be convicted of murder, because she did the act of killing, but Ralph cannot be convicted of either murder or manslaughter. ", "Neither can be guilty of murder, but both can be convicted of manslaughter based upon an unintentional homicide. ", "Sally can be convicted only of manslaughter, but Ralph c...
D
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In recent years, several large corporations incorporated and headquartered in State A have suddenly been acquired by out-of-state corporations that have moved all of their operations out of State A. Other corporations incorporated and headquartered in State A have successfully resisted such attempts at acquisition by o...
[ "No, because one of the purposes of the statute is to prevent out-of-state entities from acquiring corporations incorporated and headquartered in State A. ", "No, because the effect of the statute will necessarily be to hinder the acquisition of State A corporations by other corporations, many of whose shareholde...
C
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mmlu
A written construction contract began with the following recital: "This Agreement, between Land, Inc. (hereafter called €˜Owner'), and Builder, Inc., and Boss, its President (hereafter called €˜Contractor'), witnesseth:" The signatures to the contract appeared in the following format: LAND, INC. By /s/ Oscar Land Pre...
[ "Yes, because the writing is ambiguous as to whether or not Boss was intended individually to be a contracting party. ", "Yes, because the evidence would contradict neither the recital nor the form of Boss's signature. ", "No, because the legal effect of Boss's signature cannot be altered by evidence of prior u...
A
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mmlu
When Parents were told that their child, Son, should repeat second grade, they sought to have him evaluated by a psychologist. The psychologist, who charged $300, determined that Son had a learning disability. Based upon the report, the school board placed Son in special classes. At an open meeting of the school board,...
[ "recover, because the story is not newsworthy. ", "recover, because Son is under the age of consent. ", "not recover, if the story is a fair and accurate report of what transpired at the meeting. ", "not recover, if Parents knew that the reporter was present." ]
C
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On trial for murdering her husband, Defendant testified she acted in self-defense. Defendant calls Expert, a psychologist, to testify that under hypnosis Defendant had described the killing, and that in Expert's opinion Defendant had been in fear for her life at the time of the killing. Is Expert's testimony admissible...
[ "Yes, because Expert was able to ascertain that Defendant was speaking truthfully. ", "Yes, because it reports a prior consistent statement by a witness (Defendant) subject to examination concerning it. ", "No, because reliance on information tainted by hypnosis is unconstitutional. ", "No, because it express...
D
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The legislature of State X enacts a statute that it believes reconciles the state's interest in the preservation of human life with a woman's right to reproductive choice. That statute permits a woman to have an abortion on demand during the first trimester of pregnancy but prohibits a woman from having an abortion aft...
[ "constitutional, because the state has made a rational policy choice that creates an equitable balance between the compelling state interest in protecting fetal life and the fundamental right of a woman to reproductive choice. ", "constitutional, because recent rulings by the United States Supreme Court indicate ...
C
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Olive owned Blackacre, a single-family residence. Fifteen years ago, Olive conveyed a life estate in Blackacre to Lois. Fourteen years ago, Lois, who had taken possession of Blackacre, leased Blackacre to Trent for a term of 15 years at the monthly rental of $500. Eleven years ago, Lois died intestate leaving Ron as he...
[ "Olive, because Olive held a reversion and Lois has died. ", "Ron, because Lois asserted a claim adverse to Olive when Lois executed a lease to Trent. ", "Ron, because Trent's occupation was attributable to Ron, and Lois died 11 years ago. ", "Trent, because of Trent's physical occupancy and because Trent's t...
C
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While browsing in a clothing store, Alice decided to take a purse without paying for it. She placed the purse under her coat and took a couple of steps toward the exit. She then realized that a sensor tag on the purse would set off an alarm. She placed the purse near the counter from which she had removed it. Alice has...
[ "no crime, because the purse was never removed from the store. ", "no crime, because she withdrew from her criminal enterprise. ", "only attempted larceny, because she intended to take the purse out of the store. ", "larceny, because she took the purse from its original location and concealed it with the inte...
D
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Adam's car sustained moderate damage in a collision with a car driven by Basher. The accident was caused solely by Basher's negligence. Adam's car was still drivable after the accident. Examining the car the next morning, Adam could see that a rear fender had to be replaced. He also noticed that gasoline had dripped on...
[ "No, unless there is evidence that Basher was aware of the gasoline leak. ", "No, if Mechanic would not have been harmed had Adam warned him about the gasoline leak. ", "Yes, unless Mechanic was negligent in not discovering the gasoline leak himself. ", "Yes, if Mechanic's injury was a proximate consequence o...
D
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mmlu
Adam's car sustained moderate damage in a collision with a car driven by Basher. The accident was caused solely by Basher's negligence. Adam's car was still drivable after the accident. Examining the car the next morning, Adam could see that a rear fender had to be replaced. He also noticed that gasoline had dripped on...
[ "No, because it was Mechanic's job to inspect the vehicle and repair whatever needed repair. ", "No, unless Adam was aware of the risk that the gasoline leak represented. ", "Yes, if a reasonable person in Adam's position would have warned Mechanic about the gasoline leak. ", "Yes, because the car was unreaso...
C
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At 11:00 p.m., John and Marsha were accosted in the entrance to their apartment building by Dirk, who was armed as well as masked. Dirk ordered the couple to take him into their apartment. After they entered the apartment, Dirk forced Marsha to bind and gag her husband John and then to open a safe which contained a dia...
[ "burglary, robbery, and murder. ", "robbery and murder only.", "burglary and robbery only.", "robbery only." ]
A
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Plaintiff sued Defendant for injuries suffered in a car accident allegedly caused by brakes that had been negligently repaired by Defendant. At a settlement conference, Plaintiff exhibited the brake shoe that caused the accident and pointed out the alleged defect to an expert, whom Defendant had brought to the conferen...
[ "admissible, because Defendant's expert had been able to examine the shoe carefully. ", "admissible, because Plaintiff had personal knowledge of the shoe's condition. ", "inadmissible, because the brake shoe was produced and examined as a part of settlement negotiations. ", "inadmissible, unless Plaintiff est...
B
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Fixtures, Inc., in a signed writing, contracted with Apartments for the sale to Apartments of 50 identical sets of specified bathroom fixtures, 25 sets to be delivered on March 1, and the remaining 25 sets on April 1. The agreement did not specify the place of delivery, or the time or place of payment. Which of the fol...
[ "Fixtures must tender 25 sets to Apartments at Apartments' place of business on March 1, but does not have to turn them over to Apartments until Apartments pays the contract price for the 25 sets. ", "Fixtures has no duty to deliver the 25 sets on March 1 at Fixtures' place of business unless Apartments tenders t...
B
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mmlu
Fixtures, Inc., in a signed writing, contracted with Apartments for the sale to Apartments of 50 identical sets of specified bathroom fixtures, 25 sets to be delivered on March 1, and the remaining 25 sets on April 1. The agreement did not specify the place of delivery, or the time or place of payment. Make the followi...
[ "Apartments is entitled to accept any number of the 24 sets, reject the rest, and cancel the contract both as to any rejected sets and the lot due on April 1. ", "Apartments is entitled to accept any number of the 24 sets and to reject the rest, but is not entitled to cancel the contract as to any rejected sets o...
D
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Defendant is on trial for nighttime breaking and entering of a warehouse. The warehouse owner had set up a camera to take infrared pictures of any intruders. After an expert establishes the reliability of infrared photography, the prosecutor offers the authenticated infrared picture of the intruder to show the similari...
[ "admissible, provided an expert witness points out to the jury the similarities between the person in the photograph and Defendant. ", "admissible, allowing the jury to compare the person in the photograph and Defendant. ", "inadmissible, because there was no eyewitness to the scene available to authenticate th...
B
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Olivia owned Blackacre, her home. Her daughter, Dawn, lived with her and always referred to Blackacre as "my property." Two years ago, Dawn, for a valuable consideration, executed and delivered to Bruce an instrument in the proper form of a warranty deed purporting to convey Blackacre to Bruce in fee simple, reserving ...
[ "Dawn had nothing to convey to Bruce two years ago.", "Dawn's deed to Bruce was not to take effect until after Dawn's deed to Carl.", "Carl was first in possession.", "Dawn's deed to Bruce was not in Carl's chain of title." ]
D
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Grace, while baby-sitting one night, noticed that Sam, who lived next door, had left his house but that the door did not close completely behind him. Grace said to Roy, the 11-year-old boy she was baby-sitting with, "Let's play a game. You go next door and see if you can find my portable television set, which I lent to...
[ "not guilty of larceny or attempted larceny, because Roy did not commit any crime. ", "not guilty of larceny but guilty of attempted larceny, because she never acquired possession of the television set. ", "guilty of larceny as an accessory to Roy.", "guilty of larceny by the use of an innocent agent." ]
D
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The warden of State Prison prohibits the photographing of the face of any prisoner without the prisoner's consent. Photographer, a news photographer, wanted to photograph Mobster, a notorious organized crime figure incarcerated at State Prison. To circumvent the warden's prohibition, Photographer flew over the prison e...
[ "No reasonable person could conclude that Photographer intended to photograph Prisoner.", "Prisoner did not suffer any physical injury arising from the emotional distress.", "As a news photographer, Photographer was privileged to take photographs that others could not. ", "No reasonable person could conclude ...
D
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mmlu
The vaccination of children against childhood contagious diseases (such as measles, diphtheria and whooping cough) has traditionally been a function of private doctors and local and state health departments. Because vaccination rates have declined in recent years, especially in urban areas, the President proposes to ap...
[ "Yes, because the President has plenary authority to provide for the health, safety, and welfare of the people of the United States. ", "Yes, because this action is within the scope of executive authority vested in the President by the Constitution, and no federal statute prohibits it. ", "No, because the prote...
B
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Defendant is on trial for extorting $10,000 from Victim. An issue is the identification of the person who made a telephone call to Victim. Victim is prepared to testify that the caller had a distinctive accent like Defendant's, but that he cannot positively identify the voice as Defendant's. Victim recorded the call bu...
[ "inadmissible, because Victim cannot sufficiently identify the caller. ", "inadmissible, because the tape recording of the conversation is the best evidence. ", "admissible, because Defendant waived the \"best evidence\" rule by failing to subpoena the tape. ", "admissible, because Victim's lack of certainty ...
D
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Owner owned Greenacre, a tract of land, in fee simple. Owner executed an instrument in the proper form of a deed, purporting to convey Greenacre to Purchaser in fee simple. The instrument recited that the conveyance was in consideration of "$5 cash in hand paid and for other good and valuable consideration." Owner hand...
[ "lose, because any remedy Owner might have had was lost when the instrument was recorded. ", "lose, because the validity of conveyance of land does not depend upon consideration being paid, whether recited or not. ", "prevail, because the recitation of consideration paid may be contradicted by parol evidence. "...
B
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Vintner is the owner of a large vineyard and offers balloon rides to visitors who wish to tour the grounds from the air. During one of the rides, Vintner was forced to make a crash landing on his own property. Without Vintner's knowledge or consent, Trespasser had entered the vineyard to camp for a couple of days. Tres...
[ "No, unless the crash landing was made necessary by negligence on Vintner's part. ", "No, unless Vintner could have prevented the injury to Trespasser after becoming aware of Trespasser's presence. ", "Yes, because even a trespasser may recover for injuries caused by an abnormally dangerous activity. ", "Yes,...
B
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Matt and his friend Fred were watching a football game at Matt's home when they began to argue. Fred became abusive, and Matt asked him to leave. Fred refused, walked into the kitchen, picked up a knife, and said he would cut Matt's heart out. Matt pulled a gun from under the sofa, walked to his front door, opened it, ...
[ "convicted, because the use of deadly force was unreasonable under the circumstances. ", "convicted, because he had a clear opportunity and duty to retreat. ", "acquitted, because he did not intend to kill Fred. ", "acquitted, because he was acting in self- defense and had no duty to retreat. " ]
D
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Central City in the state of Green is a center for businesses that assemble personal computers. Components for these computers are manufactured elsewhere in Green and in other states, then shipped to Central City, where the computers are assembled. An ordinance of Central City imposes a special license tax on all of th...
[ "against Assembler, because the tax falls only on companies resident in Central City and, therefore, does not discriminate against or otherwise adversely affect interstate commerce. ", "against Assembler, because the commerce clause does not interfere with the right of a state to foster and support businesses loc...
D
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Hannah, who was homeless, broke into the basement of a hotel and fell asleep. She was awakened by a security guard, who demanded that she leave. As Hannah was leaving, she cursed the security guard. Angered, the guard began to beat Hannah on her head with his flashlight. After the second blow, Hannah grabbed a fire ext...
[ "aggravated assault.", "burglary.", "assault.", "trespass." ]
D
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On March 1, Mechanic contracted to repair Textiles' knitting machine and to complete the job by March 6. On March 2, Textiles contracted to manufacture and deliver specified cloth to Knitwear on March 15. Textiles knew that it would have to use the machine then under repair to perform this contract. Because the Knitwea...
[ "Time was not of the essence in the Mechanic-Textiles contract.", "Mechanic had no reason to foresee on March 1 that Knitwear would suffer consequential damages in the amount of $25,000. ", "By entering into the Knitwear contract while knowing that its knitting machine was being repaired, Textiles assumed the r...
B
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Plaintiff sued Defendant for personal injuries suffered in a train-automobile collision. Plaintiff called an eyewitness, who testified that the train was going 20 miles per hour. Defendant then offers the testimony of an experienced police accident investigator that, based on his training and experience and on his exam...
[ "improper, because there cannot be both lay and expert opinion on the same issue. ", "improper, because the investigator is unable to establish the speed with a sufficient degree of scientific certainty. ", "proper, because a police accident investigator has sufficient expertise to express an opinion on speed. ...
C
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Ven owned Goldacre, a tract of land, in fee simple. Ven and Pur entered into a written agreement under which Pur agreed to buy Goldacre for $100,000, its fair market value. The agreement contained all the essential terms of a real estate contract to sell and buy, including a date for closing. The required $50,000 down ...
[ "Addy, because the provision relied upon by Ven is unenforceable. ", "Addy, because the death of Pur terminated the contract as a matter of law. ", "Ven, because the court should enforce the express agreement of the contracting parties. ", "Ven, because the doctrine of equitable conversion prevents terminatio...
A
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An ordinance of Central City requires every operator of a taxicab in the city to have a license and permits revocation of that license only for "good cause." The Central City taxicab operator's licensing ordinance conditions the issuance of such a license on an agreement by the licensee that the licensee "not display i...
[ "No, because he accepted the license with knowledge of the condition and, therefore, has no standing to contest it. ", "No, because a taxicab operator's license is a privilege and not a right and, therefore, is not protected by the due process clause of the Fourteenth Amendment. ", "Yes, because such a proceedi...
D
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Pat had been under the care of a cardiologist for three years prior to submitting to an elective operation that was performed by Surgeon. Two days thereafter, Pat suffered a stroke, resulting in a coma, caused by a blood clot that lodged in her brain. When it appeared that she had entered a permanent vegetative state, ...
[ "prevail, if Surgeon was negligent in failing to have Pat examined by a cardiologist prior to the operation. ", "prevail, if the blood clot that caused Pat's death was caused by the operation which Surgeon performed. ", "not prevail, absent evidence that a cardiologist, had one examined Pat before the operation...
C
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At Devlin's trial for burglary, Jaron supported Devlin's alibi that they were fishing together at the time of the crime. On cross-examination, Jaron was asked whether his statement on a credit card application that he had worked for his present employer for the last five years was false. Jaron denied that the statement...
[ "admissible, in the judge's discretion, because Jaron's credibility is a fact of major consequence to the case. ", "admissible, as a matter of right, because Jaron \"opened the door\" by his denial on cross-examination. ", "inadmissible, because whether Jaron lied in his application is a matter that cannot be p...
C
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Owen owned Blackacre in fee simple, as the land records showed, when he contracted to sell Blackacre to Bryer. Two weeks later, Bryer paid the agreed price and received a warranty deed. A week thereafter, when neither the contract nor the deed had been recorded and while Owen remained in possession of Blackacre, Cred p...
[ "the doctrine of equitable conversion applies.", "the jurisdiction's recording act does not protect creditors.", "Owen's possession gave Cred constructive notice of Bryer's interest.", "Bryer was a purchaser without notice." ]
B
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A written construction contract, under which Contractor agreed to build a new house for Owner at a fixed price of $200,000, contained the following provision: Prior to construction or during the course thereof, this contract may be modified by mutual agreement of the parties as to "extras" or other departures from the ...
[ "I and III only.", "I and IV only.", "II and IV only.", "Neither I, II, III, nor IV. " ]
D
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Scott held up a drugstore at 10:30 at night, and drove away. His car broke down in an isolated area just outside the small city in which the crime occurred. Scott walked to the nearest house and asked Henry, the homeowner, if he could stay until the next morning, explaining that he had been searching for his sister's h...
[ "grant the motion, because, as a guest, Scott has sufficient standing to contest the entry of the house without a warrant. ", "grant the motion, because, as a guest, Scott has sufficient standing to contest the lack of probable cause at the time of the entry. ", "deny the motion, because Scott had no ownership ...
D
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Susan entered a guilty plea to a charge of embezzlement. Her attorney hired a retired probation officer as a consultant to gather information for the preparation of a sentencing plan for Susan that would avoid jail. For that purpose, the consultant interviewed Susan for three hours. Thereafter, the prosecution undertoo...
[ "denied, on the basis of the attorney-client privilege. ", "denied, in the absence of probable cause to believe the interview developed evidence relevant to the grand jury's inquiry. ", "granted, because the consultant is not an attorney. ", "granted, because exclusionary evidentiary rules do not apply in gra...
A
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Agitator, a baseball fan, has a fierce temper and an extremely loud voice. Attending a baseball game in which a number of calls went against the home team, Agitator repeatedly stood up, brandished his fist, and angrily shouted, "Kill the umpires." The fourth time he engaged in this conduct, many other spectators follow...
[ "affirm the state supreme court's decision, because Agitator's ballpark shout is commonplace hyperbole that cannot, consistently with the First and Fourteenth Amendments, be punished. ", "remand the case to the state supreme court with directions that it resolve the First and Fourteenth Amendment freespeech issue...
C
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The day after Seller completed the sale of his house and moved out, one of the slates flew off the roof during a windstorm. The slate struck Pedestrian, who was on the public sidewalk. Pedestrian was seriously injured. The roof is old and has lost several slates in ordinary windstorms on other occasions. If Pedestrian ...
[ "Yes, because the roof was defective when Seller sold the house. ", "Yes, if Seller should have been aware of the condition of the roof and should have realized that it was dangerous to persons outside the premises. ", "No, because Seller was neither the owner nor the occupier of the house when Pedestrian was i...
B
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On April 1, Owner and Buyer signed a writing in which Owner, "in consideration of $100 to be paid to Owner by Buyer," offered Buyer the right to purchase Greenacre for $100,000 within 30 days. The writing further provided, "This offer will become effective as an option only if and when the $100 consideration is in fact...
[ "Buyer was unaware of the sale to Citizen when Owner received the letter and check from Buyer on April 21.", "On April 15, Buyer decided to purchase Greenacre, and applied for and obtained a commitment from Bank for a $75,000 loan to help finance the purchase. ", "When the April 1 writing was signed, Owner said...
A
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On April 1, Owner and Buyer signed a writing in which Owner, "in consideration of $100 to be paid to Owner by Buyer," offered Buyer the right to purchase Greenacre for $100,000 within 30 days. The writing further provided, "This offer will become effective as an option only if and when the $100 consideration is in fact...
[ "Nominal damages only, because the remedy of specific performance was not available to Buyer. ", "The fair market value, if any, of an assignable option to purchase Greenacre for $100,000. ", "$20,000, plus the amount, if any, by which the fair market value of Greenacre on the date of Owner's breach exceeded $1...
D
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Alpha and Beta owned Greenacre, a large farm, in fee simple as tenants in common, each owning an undivided one-half interest. For five years Alpha occupied Greenacre and conducted farming operations. Alpha never accounted to Beta for any income but Alpha did pay all real estate taxes when the taxes were due and kept th...
[ "because Beta survived Alpha.", "because Hera defaulted in the obligations undertaken by Alpha.", "unless Hera pays Beta one-half of the reasonable market value of Greenacre.", "unless Hera pays Beta one-half of the amount Beta paid for the tax deed." ]
D
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Eighteen-year-old Kenneth and his 14year-old girlfriend, Emma, made plans to meet in Kenneth's apartment to have sexual intercourse, and they did so. Emma later told her mother about the incident. Kenneth was charged with statutory rape and conspiracy to commit statutory rape. In the jurisdiction, the age of consent is...
[ "affirmed, because he agreed with Emma to commit the crime. ", "reversed, because Emma could not be a conspirator to this crime. ", "reversed, because the crime is one that can only be committed by agreement and thus Wharton's Rule bars conspiracy liability. ", "reversed, because one cannot conspire with a pe...
B
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Sam decided to kill his boss, Anna, after she told him that he would be fired if his work did not improve. Sam knew Anna was scheduled to go on a business trip on Monday morning. On Sunday morning, Sam went to the company parking garage and put a bomb in the company car that Anna usually drove. The bomb was wired to go...
[ "murder in the first degree, because, with premeditation and deliberation, he killed whoever would start the car. ", "murder in the second degree, because he had no intention of killing Lois. ", "manslaughter, because at the time of the explosion, he had no intent to kill, and the death of Lois was in part the ...
A
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The state of Green imposes a tax on the "income" of each of its residents. As defined in the taxing statute, "income" includes the fair rental value of the use of any automobile provided by the taxpayer's employer for the taxpayer's personal use. The federal government supplies automobiles to some of its employees who ...
[ "No, because such a tax would be a tax on the United States. ", "No, because such a tax would be a tax upon activities performed on behalf of the United States, since the automobiles are primarily used by these federal employees in the discharge of their official duties. ", "Yes, because the tax is imposed on t...
C
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Orderly, a male attendant who worked at Hospital, had sexual relations with Patient, a severely retarded person, in her room at Hospital. In a tort action brought on Patient's behalf against Hospital, Patient will
[ "not prevail, if Orderly's actions were outside the scope of his employment. ", "not prevail, if Patient initiated the relationship with Orderly and encouraged his actions. ", "prevail, if Orderly was an employee of Hospital. ", "prevail, if Hospital failed to use reasonable care to protect Patient from such ...
D
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Passenger is suing Defendant for injuries suffered in the crash of a small airplane, alleging that Defendant had owned the plane and negligently failed to have it properly maintained. Defendant has asserted in defense that he never owned the plane or had any responsibility to maintain it. At trial, Passenger calls Witn...
[ "inadmissible, because the policy itself is required under the original document rule. ", "inadmissible, because of the rule against proof of insurance where insurance is not itself at issue. ", "admissible to show that Defendant had little motivation to invest money in maintenance of the airplane.", "admissi...
D
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Opal owned several vacant lots in ABC Subdivision. She obtained a $50,000 loan from a lender, Bank, and executed and delivered to Bank a promissory note and mortgage describing Lots 1, 2, 3, 4, and 5. The mortgage was promptly and properly recorded. Upon payment of $10,000, Opal obtained a release of Lot 2 duly execute...
[ "Eva, because Bank was negligent in failing to check the recordation of the release. ", "Eva, because she was entitled to rely on the recorded release. ", "Bank, because Eva could have discovered the alteration by reasonable inquiry. ", "Bank, because the alteration of the release was ineffective. " ]
D
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Jones, a marijuana farmer, had been missing for several months. The sheriff's department received an anonymous tip that Miller, a rival marijuana farmer, had buried Jones in a hillside about 200 yards from Miller's farmhouse. Sheriff's deputies went to Miller's farm. They cut the barbed wire that surrounded the hillsid...
[ "grant the motion, because Miller did not voluntarily waive his right to silence. ", "grant the motion, because the statement was the product of the warrantless entry and search of Miller's farm. ", "deny the motion, because the deputy was in hot pursuit when he questioned Miller. ", "deny the motion, because...
A
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Jones, a marijuana farmer, had been missing for several months. The sheriff's department received an anonymous tip that Miller, a rival marijuana farmer, had buried Jones in a hillside about 200 yards from Miller's farmhouse. Sheriff's deputies went to Miller's farm. They cut the barbed wire that surrounded the hillsid...
[ "grant the motion, because the deputies had not obtained a warrant. ", "grant the motion, because the deputies' conduct in its entirety violated Miller's right to due process of law. ", "deny the motion, because Miller had no expectation of privacy in the fields around his farmhouse. ", "deny the motion, beca...
C
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Passenger departed on an ocean liner knowing that it would be a rough voyage due to predicted storms. The ocean liner was not equipped with the type of lifeboats required by the applicable statute. Passenger was swept overboard and drowned in a storm so heavy that even a lifeboat that conformed to the statute could not...
[ "Yes, because the ocean liner was not equipped with the statutorily required lifeboats. ", "Yes, because in these circumstances common carriers are strictly liable. ", "No, because the storm was so severe that it would have been impossible to launch a statutorily required lifeboat. ", "No, because Passenger a...
C
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The King City zoning ordinance contains provisions restricting places of "adult entertainment" to two specified city blocks within the commercial center of the city. These provisions of the ordinance define "adult entertainment" as "live or filmed nudity or sexual activity, real or simulated, of an indecent nature." Sa...
[ "constitutional, because they do not prohibit adult entertainment everywhere in King City, and the city has a substantial interest in keeping the major part of its commercial center free of uses it considers harmful to that area. ", "constitutional, because adult entertainment of the kind described in these provi...
A
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On June 1, Seller and Buyer contracted in writing for the sale and purchase of Seller's cattle ranch (a large single tract), and to close the transaction on December 1. Assume the following facts. On October 1, Buyer told Seller, "I'm increasingly unhappy about our June 1 contract because of the current cattle market, ...
[ "win, because Buyer committed a total breach by anticipatory repudiation on October 1. ", "win, because Buyer's October 1 statement created reasonable grounds for Seller's insecurity with respect to Buyer's performance. ", "lose, because the parties contracted for the sale and conveyance of a single tract, and ...
D
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On June 1, Seller and Buyer contracted in writing for the sale and purchase of Seller's cattle ranch (a large single tract), and to close the transaction on December 1. Assume the following facts. Buyer unequivocally repudiated the contract on August 1. On August 15, Seller urged Buyer to change her mind and proceed wi...
[ "win, because Seller failed seasonably to notify Buyer of any pending sale to Rancher. ", "win, because Seller waived Buyer's August 1 repudiation by urging her to retract it on August 15. ", "lose, because Buyer did not retract her repudiation before Seller materially changed his position in reliance thereon b...
C
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Owner owned a hotel, subject to a mortgage securing a debt Owner owed to Lender One. Owner later acquired a nearby parking garage, financing a part of the purchase price by a loan from Lender Two, secured by a mortgage on the parking garage. Two years thereafter, Owner defaulted on the loan owed to Lender One, which ca...
[ "$100,000 to Lender One and $100,000 to Owner. ", "$100,000 to Lender Two and $100,000 to Owner. ", "$100,000 to Lender One and $100,000 to Lender Two. ", "$200,000 to Owner." ]
A
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Kontractor agreed to build a power plant for a public utility. Subbo agreed with Kontractor to lay the foundation for $200,000. Subbo supplied goods and services worth $150,000, for which Kontractor made progress payments aggregating $100,000 as required by the subcontract. Subbo then breached by refusing unjustifiably...
[ "Subbo recovers $50,000, the benefit conferred on Kontractor for which Subbo has not been paid. ", "Subbo recovers $30,000, the benefit Subbo conferred on Kontractor minus the $20,000 in damages incurred by Kontractor. ", "Kontractor recovers $20,000, the excess over the contract price that was paid by Kontract...
C
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The Rapido is a sports car manufactured by the Rapido Motor Co. The Rapido has an excellent reputation for mechanical reliability with one exception, that the motor may stall if the engine has not had an extended warm-up. Driver had just begun to drive her Rapido in city traffic without a warm-up when the engine sudden...
[ "denied, because the jury could find that an unreasonably dangerous defect in the engine was a proximate cause of the collision. ", "denied, if the jury could find that the Rapido was not crashworthy. ", "granted, because Troody's failure to stop within an assured clear distance was a superseding cause of the c...
A
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Pedestrian died from injuries caused when Driver's car struck him. Executor, Pedestrian's executor, sued Driver for wrongful death. At trial, Executor calls Nurse to testify that two days after the accident, Pedestrian said to Nurse, "The car that hit me ran the red light." Fifteen minutes thereafter, Pedestrian died. ...
[ "No, because it is hearsay not within any exception. ", "No, because it is irrelevant since dying declarations cannot be used except in prosecutions for homicide. ", "Yes, because, though hearsay, it is a statement of then-existing mental condition. ", "Yes, because the judge may consider hearsay in ruling on...
D
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John is a licensed barber in State A. The State A barber licensing statute provides that the Barber Licensing Board may revoke a barber license if it finds that a licensee has used his or her business premises for an illegal purpose. John was arrested by federal narcotics enforcement agents on a charge of selling cocai...
[ "John's inability to cross-examine his accusers denied him a fair hearing and caused him to be deprived of his barber license without due process of law.", "the administrative license revocation proceeding was invalid, because it denied full faith and credit to the dismissal of the criminal charges by the United ...
A
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Driver was driving his car near Owner's house when Owner's child darted into the street in front of Driver's car. As Driver swerved and braked his car to avoid hitting the child, the car skidded up into Owner's driveway and stopped just short of Owner, who was standing in the driveway and had witnessed the entire incid...
[ "Yes, because Driver's entry onto Owner's land was unauthorized. ", "Yes, because Owner suffered serious emotional distress by witnessing the danger to his child and to himself. ", "No, unless Driver was negligent. ", "No, unless Owner's child was exercising reasonable care. " ]
C
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Vendor owned Greenacre, a tract of land, in fee simple. Vendor entered into a valid written agreement with Purchaser under which Vendor agreed to sell and Purchaser agreed to buy Greenacre by installment purchase. The contract stipulated that Vendor would deliver to Purchaser, upon the payment of the last installment d...
[ "No, because the time for Vendor to deliver marketable title has not arrived. ", "No, because Purchaser assumed the risk by taking possession. ", "Yes, because in the absence of a contrary express agreement, an obligation to convey marketable title is implied. ", "Yes, because the risk of loss assumed by Purc...
A
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The state of Red sent three of its employees to a city located in the state of Blue to consult with a chemical laboratory there about matters of state business. While in the course of their employment, the three employees of Red negligently released into local Blue waterways some of the chemical samples they had receiv...
[ "Yes, because the final judgment of the Blue court is entitled to full faith and credit in the courts of Red. ", "Yes, because a limitation on damage awards against Red for tortious actions of its agents would violate the equal protection clause of the Fourteenth Amendment. ", "No, because the Tenth Amendment p...
A
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Martha's high school teacher told her that she was going to receive a failing grade in history, which would prevent her from graduating. Furious, she reported to the principal that the teacher had fondled her, and the teacher was fired. A year later, still unable to get work because of the scandal, the teacher committe...
[ "committed no act that proximately caused the teacher's death.", "did not intend to cause the teacher's death.", "did not act with malice.", "acted under extreme emotional distress." ]
A
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Plaintiff sued Defendant for personal injuries arising out of an automobile accident. Which of the following would be ERROR?
[ "The judge allows Defendant's attorney to ask Defendant questions on crossexamination that go well beyond the scope of direct examination by Plaintiff, who has been called as an adverse witness. ", "The judge refuses to allow Defendant's attorney to cross-examine Defendant by leading questions.", "The judge all...
D
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Phil is suing Dennis for injuries suffered in an automobile collision. At trial Phil's first witness, Wanda, testified that, although she did not see the accident, she heard her friend Frank say just before the crash, "Look at the crazy way old Dennis is driving!" Dennis offers evidence to impeach Frank by asking Wanda...
[ "proper, because it tends to show the possible bias of Frank against Dennis. ", "proper, because it tends to show Frank's character. ", "improper, because Frank has no opportunity to explain or deny. ", "improper, because impeachment cannot properly be by specific instances. " ]
A
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Thirty years ago Able, the then-record owner of Greenacre, a lot contiguous to Blueacre, in fee simple, executed and delivered to Baker an instrument in writing which was denominated "Deed of Conveyance." In pertinent part it read, "Able does grant to Baker and her heirs and assigns a right-of-way for egress and ingres...
[ "fail, because the location had been established by the acts of Baker and Able. ", "fail, because the location of the easement had been fixed by prescription. ", "prevail, because the reasonableness of Charlie's proposal was established by Dorcas's refusal to suggest any alternative location. ", "prevail, bec...
A
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Computers, Inc., contracted in writing with Bank to sell and deliver to Bank a mainframe computer using a new type of magnetic memory, then under development but not perfected by Computers, at a price substantially lower than that of a similar computer using current technology. The contract's delivery term was "F.O.B. ...
[ "The delay did not materially harm Bank.", "Computers believed, on the assumption that Bank was getting a \"super deal\" for its money, that Bank would not reject because of the late tender of delivery. ", "Computers' delay in tender was caused by a truckers' strike.", "A usage in the relevant trade allows co...
D
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