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The constitution of State X authorizes a fivemember state reapportionment board to redraw state legislative districts every ten years. In the last state legislative reapportionment, the board, by a unanimous vote, divided the greater Green metropolitan area, composed of Green City and several contiguous townships, into...
[ "In drawing the current district lines, the reapportionment board precisely complied with state constitutional requirements that state legislative districts be compact and follow political subdivision boundaries to the maximum extent feasible. ", "The reapportionment board was composed of three white members and ...
A
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Paulsen Corporation sued Dorr for ten fuel oil deliveries not paid for. Dorr denied that the deliveries were made. At trial, Paulsen calls its office manager, Wicks, to testify that Paulsen employees always record each delivery in duplicate, give one copy to the customer, and place the other copy in Paulsen's files; th...
[ "admissible, because it is based on regularly kept business records. ", "admissible, because Wicks has first- hand knowledge of the contents of the records. ", "inadmissible, because the records must be produced in order to prove their contents. ", "inadmissible, because the records are self-serving. " ]
C
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Dan entered the police station and announced that he wanted to confess to a murder. The police advised Dan of the Miranda warnings, and Dan signed a written waiver. Dan described the murder in detail and pinpointed the location where a murder victim had been found a few weeks before. Later, a courtappointed psychiatris...
[ "admissible, because there was no coercive police conduct in obtaining Dan's statement. ", "admissible, because Dan was not in custody. ", "inadmissible, because Dan's confession was a product of his mental illness and was therefore involuntary. ", "inadmissible, because under these circumstances, there was n...
A
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Leaseco owned Blackacre, a tract of 100 acres. Six years ago, Leaseco leased a one-acre parcel, Oneacre, located in the northeasterly corner of Blackacre, for a term of 30 years, to Eatco. Eatco intended to and did construct a fast-food restaurant on Oneacre. The lease provided that: 1. Eatco was to maintain Oneacre an...
[ "Leaseco, because the use of the improvements by the customers of Eatco imposes an implied obligation on Eatco. ", "Leaseco, because the conveyance of Oneacre to Jones did not terminate Eatco's covenant to contribute. ", "Eatco, because the conveyance of Oneacre to Jones terminated the privity of estate between...
B
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While Patty was riding her horse on what she thought was a public path, the owner of a house next to the path approached her, shaking a stick and shouting, "Get off my property." Unknown to Patty, the path on which she was riding crossed the private property of the shouting owner. When Patty explained that she thought ...
[ "Patty, for trespass to her chattel property. ", "Patty, for battery and assault. ", "the defendant, because Patty suffered no physical harm. ", "the defendant, because he was privileged to exclude trespassers from his property. " ]
B
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In which of the following situations would a court applying common-law doctrine be most likely to convict Defendant of the crime charged, despite Defendant's mistake?
[ "Defendant was charged with bigamy. He married his neighbor four years after her husband was reported missing at sea. The rescued husband returns alive. A state statute provides that a person is presumed dead after five years of unexplained absence. Defendant believed the statutory period was three years.", "Defe...
A
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Spender owed Midas $1,000, plus interest at 8% until paid, on a long-overdue promissory note, collection of which would become barred by the statute of limitations on June 30. On the preceding April 1, Spender and Midas both signed a writing in which Spender promised to pay the note in full on the following December 31...
[ "Yes, because Spender's promise to pay interest until December 31 was consideration for Midas's promise not to sue. ", "Yes, because the law creates a presumption that Spender relied on Midas's promise not to sue. ", "No, because there was no consideration for Midas's promise not to sue, in that Spender was alr...
A
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Spender owed Midas $1,000, plus interest at 8% until paid, on a long-overdue promissory note, collection of which would become barred by the statute of limitations on June 30. On the preceding April 1, Spender and Midas both signed a writing in which Spender promised to pay the note in full on the following December 31...
[ "Yes, because Spender's failure to pay the note, plus interest, on December 31 makes Midas's breach of promise not to sue before that date no longer material. ", "Yes, because Spender's April 1 promise is enforceable by reason of his moral obligation to pay the debt. ", "No, because such relief would undermine ...
D
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Which of the following acts by the United States Senate would be constitutionally IMPROPER?
[ "The Senate decides, with the House of Representatives, that a disputed state ratification of a proposed constitutional amendment is valid. ", "The Senate determines the eligibility of a person to serve as a senator.", "The Senate appoints a commission to adjudicate finally a boundary dispute between two states...
C
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While driving his car, Plaintiff sustained injuries in a three-car collision. Plaintiff sued the drivers of the other two cars, D-l and D-2, and each defendant crossclaimed against the other for contribution. The jurisdiction has adopted a rule of pure comparative negligence and allows contribution based upon proportio...
[ "Nothing, and then D-l can collect nothing from D-2. ", "$30,000, and then D-l can collect nothing from D-2. ", "$40,000, and then D-l can collect $10,000 from D-2. ", "$60,000, and then D-l can collect $30,000 from D-2. " ]
D
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Hal and Wan owned Blackacre as joint tenants, upon which was situated a two-family house. Hal lived in one of the two apartments and rented the other apartment to Tent. Hal got in a fight with Tent and injured him. Tent obtained and properly filed a judgment for $10,000 against Hal. The statute in the jurisdiction read...
[ "a lien against the whole of Blackacre, because he was a tenant of both Hal and Wan at the time of the judgment. ", "a lien against Hal's undivided onehalf interest in Blackacre, because his judgment was filed prior to Hal's death. ", "no lien, because Wan had no actual notice of Tent's judgment until after Hal...
D
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In litigation on a federal claim, Plaintiff had the burden of proving that Defendant received a notice. Plaintiff relied on the presumption of receipt by offering evidence that the notice was addressed to Defendant, properly stamped, and mailed. Defendant, on the other hand, testified that she never received the notice...
[ "The jury must find that the notice was received.", "The jury may find that the notice was received.", "The burden shifts to Defendant to persuade the jury of nonreceipt.", "The jury must find that the notice was not received, because the presumption has been rebutted and there is uncontradicted evidence of n...
B
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In a medical malpractice suit by Payne against Dr. Dock, Payne seeks to introduce a properly authenticated photocopy of Payne's hospital chart. The chart contained a notation made by a medical resident that an aortic clamp had broken during Payne's surgery. The resident made the notation in the regular course of practi...
[ "admissible as a record of regularly conducted activity.", "admissible as recorded recollection.", "inadmissible as a violation of the best evidence rule.", "inadmissible, because it is hearsay within hearsay. " ]
A
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Parr sued Davis for damages for physical injuries allegedly caused by Davis's violation of the federal civil rights law. The incident occurred wholly within the state of Chippewa but the case was tried in federal court. The Chippewa state code says, "The common-law privileges are preserved intact in this state." At tri...
[ "state law and recognize the claim of privilege.", "federal law and recognize the claim of privilege.", "state law and reject the claim of privilege.", "federal law and reject the claim of privilege." ]
D
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In a prosecution of Dahle for assault, Wharton is called to testify that the victim, Valerian, had complained to Wharton that Dahle was the assailant. Wharton's testimony is most likely to be admitted if Wharton is
[ "a doctor, whom Valerian consulted for treatment. ", "a minister, whom Valerian consulted for counseling. ", "Valerian's husband, whom she telephoned immediately after the event. ", "a police officer, whom Valerian called on instructions from her husband. " ]
C
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Betty Bower, an adult, asked Jeff Geetus to lend her $1,000. Geetus replied that he would do so only if Bower's father, Cash, would guarantee the loan. At Bower's request, Cash mailed a signed letter to Geetus: "If you lend $1,000 to my daughter, I will repay it if she doesn't." On September 15, Geetus, having read Cas...
[ "Nothing, because if he sues before the entire amount is due, he will be splitting his cause of action. ", "$300 plus the accrued interest, because Bower's breach is only a partial breach. ", "$1,000 plus the accrued interest, because Bower's unexcused failure to pay three installments is a material breach. ", ...
B
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Betty Bower, an adult, asked Jeff Geetus to lend her $1,000. Geetus replied that he would do so only if Bower's father, Cash, would guarantee the loan. At Bower's request, Cash mailed a signed letter to Geetus: "If you lend $1,000 to my daughter, I will repay it if she doesn't." On September 15, Geetus, having read Cas...
[ "I only.", "II only.", "I and III only.", "Neither I nor II nor III." ]
D
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At Darrow's trial for stealing an automobile, Darrow called a character witness, Goode, who testified that Darrow had an excellent reputation for honesty. In rebuttal, the prosecutor calls Wick to testify that he recently saw Darrow cheat on a college examination. This evidence should be
[ "admitted, because Darrow has \"opened the door\" to the prosecutor's proof of bad character evidence. ", "admitted, because the cheating involves \"dishonesty or false statement.\" ", "excluded, because it has no probative value on any issue in the case. ", "excluded, because Darrow's cheating can be inquire...
D
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The Federal Family Film Enhancement Act 100. assesses an excise tax of 10% on the price of admission to public movie theaters when they show films that contain actual or simulated scenes of human sexual intercourse. Which of the following is the strongest argument against the constitutionality of this federal act?
[ "The act imposes a prior restraint on the freedom of speech protected by the First Amendment.", "The act is not rationally related to any legitimate national interest.", "The act violates the equal protection concepts embodied in the due process clause of the Fifth Amendment because it imposes a tax on the pric...
D
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Desmond fell while attempting to climb a mountain, and lay unconscious and critically injured on a ledge that was difficult to reach. Pearson, an experienced mountain climber, was himself seriously injured while trying to rescue Desmond. Pearson's rescue attempt failed, and Desmond died of his injuries before he could ...
[ "Yes, if his rescue attempt was reasonable. ", "Yes, because the law should not discourage attempts to assist persons in helpless peril. ", "No, unless Desmond's peril arose from his own failure to exercise reasonable care. ", "No, because Pearson's rescue attempt failed and therefore did not benefit Desmond....
C
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At a party for coworkers at Defendant's home, Victim accused Defendant of making advances toward his wife. Victim and his wife left the party. The next day at work, Defendant saw Victim and struck him on the head with a softdrink bottle. Victim fell into a coma and died two weeks after the incident. This jurisdiction d...
[ "only if the jury finds that Defendant intended to kill Victim.", "only if the jury finds that Defendant did not act in a rage provoked by Victim's accusations.", "if the jury finds that Defendant intended either to kill or to inflict serious bodily harm.", "if the jury finds that the killing occurred in the ...
C
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In preparation for a mountain-climbing expedition, Alper purchased the necessary climbing equipment from Outfitters, Inc., a retail dealer in sporting goods. A week later, Alper fell from a rock face when a safety device he had purchased from Outfitters malfunctioned because of a defect in its manufacture. Thereafter, ...
[ "No, unless Outfitters could have discovered the defect by a reasonable inspection of the safety device. ", "No, because Rollins did not rely on the representation of safety implied from the sale of the safety device by Outfitters. ", "Yes, unless Alper was negligent in failing to test the safety device. ", "...
D
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Pitt sued Dill for damages for back injuries received in a car wreck. Dill disputed the damages and sought to prove that Pitt's disability, if any, resulted from a childhood horseback riding accident. Pitt admitted the childhood accident, but contended it had no lasting effect. Pitt calls Dr. Webb, an orthopedist who h...
[ "Webb lacked firsthand knowledge concerning Pitt's condition.", "the hypothetical question omitted a clearly significant fact.", "hypothetical questions are no longer permitted.", "sufficient notice of the hypothetical question was not given to opposing counsel before trial." ]
B
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Daggett was prosecuted for murder of Vales, whose body was found one morning in the street near Daggett's house. The state calls Witt, a neighbor, to testify that during the night before the body was found he heard Daggett's wife scream, "You killed him! You killed him!" Witt's testimony is
[ "admissible as a report of a statement of belief.", "admissible as a report of an excited utterance.", "inadmissible, because it reports a privileged spousal communication. ", "inadmissible on spousal immunity grounds, but only if the wife objects. " ]
B
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Plaintiff was a passenger in a car that was struck in the rear by a car driven by First. The collision resulted from First's negligence in failing to keep a proper lookout. Plaintiff's physician found that the collision had aggravated a mild osteoarthritic condition in her lower back and had brought on similar, but new...
[ "the wrongdoers, rather than their victim, should bear the burden of the impossibility of apportionment. ", "the defendants breached a common duty that each of them owed to Plaintiff.", "each of the defendants was the proximate cause in fact of all of Plaintiff's damages.", "the defendants are joint tortfeaso...
A
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Darby was prosecuted for sexually abusing his 13-year-old stepdaughter, Wendy. Wendy testified to Darby's conduct. On cross-examination, defense counsel asks Wendy, "Isn't it true that shortly before you complained that Darby abused you, he punished you for maliciously ruining some of his phonograph records?" The quest...
[ "proper, because it relates to a possible motive for Wendy to accuse Darby falsely. ", "proper, because Wendy's misconduct is relevant to her character for veracity. ", "improper, because the incident had nothing to do with Wendy's truthfulness. ", "improper, because it falls outside the scope of direct exami...
A
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David entered the county museum at a time when it was open to the public, intending to steal a Picasso etching. Once inside, he took what he thought was the etching from an unlocked display case and concealed it under his coat. However, the etching was a photocopy of an original that had been loaned to another museum. ...
[ "burglary and larceny.", "burglary and attempted larceny.", "larceny.", "attempted larceny." ]
C
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Insurance is provided in the state of Shoshone only by private companies. Although the state insurance commissioner inspects insurance companies for solvency, the state does not regulate their rates or policies. An insurance company charges higher rates for burglary insurance to residents of one part of a county in Sho...
[ "Yes, because the higher crime rate in Foster's neighborhood demonstrates that the county police are not giving persons who reside there the equal protection of the laws. ", "Yes, because the insurance rate differential is inherently discriminatory. ", "No, because the constitutional guarantee of equal protecti...
C
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Jack, a bank teller, was fired by Morgan, the president of the bank. Jack decided to take revenge against Morgan, but decided against attempting it personally, because he knew Morgan was protected around the clock by bank security guards. Jack knew that Chip had a violent temper and was very jealous. Jack falsely told ...
[ "guilty, based upon extreme recklessness. ", "guilty, based upon transferred intent. ", "not guilty, because he did not intend for Chip to be shot by the security guard. ", "not guilty, because he did not shoot Chip and he was not acting in concert with the security guard. " ]
A
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Jack, a bank teller, was fired by Morgan, the president of the bank. Jack decided to take revenge against Morgan, but decided against attempting it personally, because he knew Morgan was protected around the clock by bank security guards. Jack knew that Chip had a violent temper and was very jealous. Jack falsely told ...
[ "guilty, because he intended to kill Morgan and used Chip to carry out his plan. ", "guilty, because he was extremely reckless as to Morgan. ", "not guilty, because Morgan was never in imminent danger of being killed. ", "not guilty, because Chip, if successful, would be guilty of no more than manslaughter an...
A
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Sally told Michael she would like to have sexual intercourse with him and that he should come to her apartment that night at 7 p.m. After Michael arrived, he and Sally went into the bedroom. As Michael started to remove Sally's blouse, Sally said she had changed her mind. Michael tried to convince her to have intercour...
[ "guilty, because no mental state is required as to the element of age. ", "guilty, because he persisted after she told him she had changed her mind. ", "not guilty, because he reasonably believed she had consented and voluntarily withdrew after she told him she had changed her mind. ", "not guilty, because he...
D
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Alice entered into a contract with Paul by the terms of which Paul was to paint Alice's office for $1,000 and was required to do all of the work over the following weekend so as to avoid disruption of Alice's business. For this question only, assume the following facts. If Paul had started to paint on the following Sat...
[ "$1,000 only, because Alice received no consideration for her promise to pay the additional sum. ", "$1,000 only, because Alice's promise to pay \"whatever it takes\" is too uncertain to be enforceable. ", "$1,200, in order to prevent Alice's unjust enrichment. ", "$1,200, because the impossibility of Paul's ...
A
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Alice entered into a contract with Paul by the terms of which Paul was to paint Alice's office for $1,000 and was required to do all of the work over the following weekend so as to avoid disruption of Alice's business. For this question only, assume the following facts. Paul commenced work on Saturday morning, and had ...
[ "Both parties' contractual duties are discharged, and Paul can recover nothing from Alice. ", "Both parties' contractual duties are discharged, but Paul can recover in quasi-contract from Alice. ", "Only Paul's contractual duty is discharged, because Alice's performance (payment of the agreed price) is not impo...
B
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The state of Erehwon has a statute providing that an unsuccessful candidate in a primary election for a party's nomination for elected public office may not become a candidate for the same office at the following general election by nominating petition or by write-in votes. Sabel sought her party's nomination for gover...
[ "Sabel must demonstrate that the statute is not necessary to achieve a compelling state interest.", "Sabel must demonstrate that the statute is not rationally related to a legitimate state interest.", "The state must demonstrate that the statute is the least restrictive means of achieving a compelling state int...
C
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In order to provide funds for a system of new major airports near the ten largest cities in the United States, Congress levies a tax of $25 on each airline ticket issued in the United States. The tax applies to every airline ticket, even those for travel that does not originate in, terminate at, or pass through any of ...
[ "constitutional, because Congress has broad discretion in choosing the subjects of its taxation and may impose taxes on subjects that have no relation to the purpose for which those tax funds will be expended. ", "constitutional, because an exemption for the issuance of tickets for travel between cities that will...
A
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Stoven, who owned Craigmont in fee simple, mortgaged Craigmont to Ulrich to secure a loan of $100,000. The mortgage was promptly and properly recorded. Stoven later mortgaged Craigmont to Martin to secure a loan of $50,000. The mortgage was promptly and properly recorded. Subsequently, Stoven conveyed Craigmont to Frit...
[ "I and II only.", "I and III only.", "II and III only.", "I, II, and III. " ]
D
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One evening, Parnell had several drinks and then started to drive home. As he was proceeding down Main Boulevard, an automobile pulled out of a side street to his right. Parnell's car struck this automobile broadside. The driver of the other car was killed as a result of the collision. A breath analysis test administer...
[ "the other driver was contributorily negligent.", "the collision would have occurred even if Parnell had not been intoxicated.", "because of his intoxication he lacked the mens rea needed for manslaughter.", "driving while intoxicated requires no mens rea and so cannot be the basis for misdemeanor manslaughte...
B
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Seisin and Vendee, standing on Greenacre, orally agreed to its sale and purchase for $5,000, and orally marked its bounds as "that line of trees down there, the ditch that intersects them, the fence on the other side, and that street on the fourth side." In which of the following is the remedy of reformation most appro...
[ "As later reduced to writing, the agreement by clerical mistake included two acres that are actually beyond the fence. ", "Vendee reasonably thought that two acres beyond the fence were included in the oral agreement but Seisin did not. As later reduced to writing, the agreement included the two acres. ", "Vend...
A
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Airco operates an aircraft maintenance and repair business serving the needs of owners of private airplanes. Flyer contracted with Airco to replace the engine in his plane with a more powerful engine of foreign manufacture. Airco purchased the replacement engine through a representative of the manufacturer and installe...
[ "full compensation, because the engine was defective. ", "no compensation, because Airco was not negligent. ", "contribution only, because Airco and Flyer were equally innocent. ", "no compensation, because Landers's judgment established Flyer's responsibility to Landers. " ]
A
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To encourage the growth of its population, the state of Axbridge established a program that awarded $1,000 to the parents of each child born within the state, provided that at the time of the child's birth the mother and father of the newborn were citizens of the United States. The Lills are aliens who are permanent re...
[ "constitutional, because the Tenth Amendment reserves to the states plenary authority over the spending of state funds. ", "constitutional, because Axbridge has a legitimate interest in encouraging the growth of its population, and a rational legislature could believe that families in which both parents are Unite...
C
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Olin owned Blueacre, a valuable tract of land located in York County. Olin executed a document in the form of a warranty deed of Blueacre, which was regular in all respects except that the only language designating the grantees in each of the granting and habendum clauses was: "The leaders of all the Protestant Churche...
[ "Plum, because there is inadequate identification of grantees in the deed. ", "Plum, because the state of the evidence would not support a finding of delivery of the deed. ", "the defendants, because a deed is prima facie valid until rebutted. ", "the defendants, because recording established delivery prima f...
A
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Old City police officers shot and killed Jones's friend as he attempted to escape arrest for an armed robbery he had committed. Jones brought suit in federal district court against the Old City Police Department and the city police officers involved, seeking only a judgment declaring unconstitutional the state statute ...
[ "decide the case on its merits, because it raises a substantial federal question. ", "dismiss the action, because it involves a nonjusticiable political question. ", "dismiss the action, because it does not present a case or controversy. ", "dismiss the action, because the Eleventh Amendment prohibits federal...
C
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Dooley and Melville were charged with conspiracy to dispose of a stolen diamond necklace. Melville jumped bail and cannot be found. Proceeding to trial against Dooley alone, the prosecutor calls Wixon, Melville's girlfriend, to testify that Melville confided to her that "Dooley said I still owe him some of the money fr...
[ "admissible as evidence of a statement by party-opponent Dooley.", "admissible as evidence of a statement against interest by Melville.", "inadmissible, because Melville's statement was not in furtherance of the conspiracy. ", "inadmissible, because Melville is not shown to have firsthand knowledge that the n...
B
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Pocket, a bank vice president, took substantial kickbacks to approve certain loans that later proved worthless. Upon learning of the kickbacks, Dudd, the bank's president, fired Pocket, telling him, "If you are not out of this bank in ten minutes, I will have the guards throw you out bodily." Pocket left at once. If Po...
[ "No, because the guards never touched Pocket. ", "No, because Dudd gave Pocket ten minutes to leave. ", "Yes, if Dudd intended to cause Pocket severe emotional distress. ", "Yes, because Dudd threatened Pocket with a harmful or offensive bodily contact. " ]
B
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Lee contracted with Mover, an interstate carrier, to ship household goods from the state of Green to his new home in the state of Pink. A federal statute provides that all liability of an interstate mover to a shipper for loss of or damage to the shipper's goods in transit is governed exclusively by the contract betwee...
[ "dismiss the case, because the federal statute governing liability of interstate carriers is the supreme law of the land and preempts state tort law. ", "dismiss the case, because the contractual relationship between Lee and Mover is governed by the obligation of contracts clause of the Constitution. ", "deny t...
A
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Metro City operates a cemetery pursuant to a city ordinance. The ordinance requires the operation of the city cemetery to be supported primarily by revenues derived from the sale of cemetery lots to individuals. The ordinance further provides that the purchase of a cemetery lot entitles the owner to perpetual care of t...
[ "No, because only a small amount of city tax funds has been used to maintain the cemetery. ", "No, because the purpose of the ordinance is entirely secular, its primary effect neither advances nor inhibits religion, and it does not foster an excessive government entanglement with religion. ", "Yes, because city...
B
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Dexter was tried for the homicide of a girl whose strangled body was found beside a remote logging road with her hands taped together. After Dexter offered evidence of alibi, the state calls Wilma to testify that Dexter had taped her hands and tried to strangle her in the same location two days before the homicide but ...
[ "admissible, as tending to show Dexter is the killer. ", "admissible, as tending to show Dexter's violent nature. ", "inadmissible, because it is improper character evidence. ", "inadmissible, because it is unfairly prejudicial. " ]
A
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Blackacre was a tract of 100 acres retained by Byron, the owner, after he had developed the adjoining 400 acres as a residential subdivision. Byron had effectively imposed restrictive covenants on each lot in the 400 acres. Chaney offered Byron a good price for a five-acre tract located in a corner of Blackacre far awa...
[ "the deed imposing the restrictions was not in the chain of title for the 95 acres when Dart bought.", "the disparity in acreage means that the covenant can only be personal to Byron.", "negative reciprocal covenants are not generally recognized.", "a covenant to impose restrictions is an illegal restraint on...
A
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A grand jury indicted Alice on a charge of arson, and a valid warrant was issued for her arrest. Paul, a police officer, arrested Alice and informed her of what the warrant stated. However, hoping that Alice might say something incriminating, he did not give her Miranda warnings. He placed her in the back seat of his p...
[ "deny the motion.", "grant the motion only on the basis of the first ground stated.", "grant the motion only on the basis of the second ground stated.", "grant the motion on either ground." ]
A
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Debtor's $1,000 contractual obligation to Aunt was due on July 1. On the preceding June 15, Aunt called Niece and said, "As my birthday gift to you, you may collect on July 1 the $1,000 Debtor owes me." Aunt also called Debtor and told him to pay the $1,000 to Niece on July 1. On July 1, Debtor, saying that he did not ...
[ "Yes, because Aunt had effectively assigned the $1,000 debt to her. ", "Yes, because Aunt's calls to Niece and Debtor effected a novation. ", "No, because Aunt's acceptance of the $1,000, without objection, was in effect the revocation of a gratuitous assignment. ", "No, because Debtor cannot be compelled to ...
C
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The School Board of the city of Rulb issued a rule authorizing public school principals to punish, after a hearing, students who engage in violations of the board's student behavior code. According to the rule, violators of the behavior code may be punished in a variety of ways including being required to sit in design...
[ "Because the school board rule limits the freedom of movement of students and subjects them to bodily restraint, it denies them a privilege and immunity of citizenship guaranteed them by Article IV, Section 2. ", "Because the school board rule is substantially overbroad in relation to any legitimate purpose, it c...
C
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Davidson and Smythe were charged with burglary of a warehouse. They were tried separately. At Davidson's trial, Smythe testified that he saw Davidson commit the burglary. While Smythe is still subject to recall as a witness, Davidson calls Smythe's cellmate, Walton, to testify that Smythe said, "I broke into the wareho...
[ "admissible as a declaration against penal interest.", "admissible as a prior inconsistent statement.", "inadmissible, because it is hearsay not within any exception. ", "inadmissible, because the statement is not clearly corroborated. " ]
B
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On March 1, Hotz Apartments, Inc., received from Koolair, Inc., a letter offering to sell Hotz 1,200 window air conditioners suitable for the apartments in Hotz's buildings. The Koolair offer stated that it would remain open until March 20, but that Hotz's acceptance must be received on or before that date. On March 16...
[ "The telegram revoking the offer was effective upon receipt.", "The offer was revocable at any time for lack of consideration.", "The mail was the only authorized means of revocation.", "Under the terms of Koolair's offer, Hotz's attempted acceptance was ineffective. " ]
D
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A statute of the state of Illitron declares that after five years of continuous service in their positions all state employees, including faculty members at the state university, are entitled to retain their positions during "good behavior." The statute also contains a number of procedural provisions. Any state employe...
[ "dismiss the suit, because a claim that a state statute is unconstitutional is not ripe for adjudication by a federal court until all judicial remedies in state courts provided for by state law have been exhausted. ", "hold the statute unconstitutional, because the due process clause of the Fourteenth Amendment r...
C
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Dorfman's dog ran into the street in front of Dorfman's home and began chasing cars. Peterson, who was driving a car on the street, swerved to avoid hitting the dog, struck a telephone pole, and was injured. If Peterson asserts a claim against Dorfman, will Peterson prevail?
[ "Yes, because Dorfman's dog was a cause in fact of Peterson's injury. ", "Yes, if Dorfman knew his dog had a propensity to chase cars and did not restrain it. ", "No, because a dog is a domestic animal. ", "No, unless a statute or ordinance made it unlawful for the owner to allow a dog to be unleashed on a pu...
B
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Dower, an inexperienced driver, borrowed a car from Puder, a casual acquaintance, for the express purpose of driving it several blocks to the local drug store. Instead, Dower drove the car, which then was worth $12,000, 100 miles to Other City. While Dower was driving in Other City the next day, the car was hit by a ne...
[ "$12,000.00 ", "$3,000.00 ", "$3,000 plus damages for the loss of the use of the car during its repair. ", "nothing, unless Dower was negligent and his negligence was a substantial cause of the collision. " ]
A
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Miller's, a department store, had experienced a growing incidence of shoplifting. At the store's request, the police concealed Best, a woman who was a detective, at a vantage point above the women's apparel fitting rooms where she could see into these rooms, where customers tried on clothes. Detective Best saw Davis en...
[ "granted, because the police should have secured a search warrant to search her bag. ", "granted, because a customer has a reasonable expectation of privacy while using a department store fitting room. ", "denied, because the search and seizure were made incident to a valid arrest based on probable cause. ", ...
B
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Deland operates a bank courier service that uses armored trucks to transport money and securities. One of Deland's armored trucks was parked illegally, too close to a street intersection. Pilcher, driving his car at an excessive speed, skidded into the armored truck while trying to make a turn. The truck was not damage...
[ "nothing, because Deland was not an active or efficient cause of Pilcher's loss. ", "nothing, if Deland was less negligent than Pilcher. ", "his entire loss, reduced by a percentage that reflects the negligence attributed to Pilcher. ", "his entire loss, because Deland's truck suffered no damage. " ]
C
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Roberts, a professional motorcycle rider, put on a performance in a privately owned stadium during which he leaped his motorcycle over 21 automobiles. Spectators were charged $5 each to view the jump and were prohibited from using cameras. However, the local television station filmed the whole event from within the sta...
[ "hold against Roberts, because the First and Fourteenth Amendments authorize press coverage of newsworthy entertainment events. ", "hold against Roberts, because under the First and Fourteenth Amendments news broadcasts are absolutely privileged. ", "find the station liable, because its action deprives Roberts ...
D
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Stirrup, a rancher, and Equinox, a fancier of horses, signed the following writing: "For $5,000, Stirrup will sell to Equinox a gray horse that Equinox may choose from among the grays on Stirrup's ranch." Equinox refused to accept delivery of a gray horse timely tendered by Stirrup or to choose among those remaining, o...
[ "admit the evidence as to both the saddle and the option to choose a brown horse.", "admit the evidence as to the saddle but not the option to choose a brown horse.", "admit the evidence as to the option to choose a brown horse but not the promise to include the saddle.", "not admit any of the evidence." ]
B
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Parker sues Dix for breach of a promise made in a letter allegedly written by Dix to Parker. Dix denies writing the letter. Which of the following would NOT be a sufficient basis for admitting the letter into evidence?
[ "Testimony by Parker that she is familiar with Dix's signature and recognizes it on the letter.", "Comparison by the trier of fact of the letter with an admitted signature of Dix.", "Opinion testimony of a nonexpert witness based upon familiarity acquired in order to authenticate the signature.", "Evidence th...
C
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Green contracted in a signed writing to sell Greenacre, a 500-acre tract of farmland, to Farmer. The contract provided for exchange of the deed and purchase price of $500,000 in cash on January 15. Possession was to be given to Farmer on the same date. On January 15, Green notified Farmer that because the tenant on Gre...
[ "Yes, because the court will excuse the delay in tender on the ground that there was a temporary impossibility caused by the tenant's holding over. ", "Yes, because time is ordinarily not of the essence in a land-sale contract. ", "No, because Green breached by failing to tender the deed and possession on Janua...
B
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Green contracted in a signed writing to sell Greenacre, a 500-acre tract of farmland, to Farmer. The contract provided for exchange of the deed and purchase price of $500,000 in cash on January 15. Possession was to be given to Farmer on the same date. On January 15, Green notified Farmer that because the tenant on Gre...
[ "nothing, because by paying the purchase price on January 30, he waived whatever cause of action he may have had. ", "nominal damages only, because the market value of the land exceeded the contract price. ", "$2,500 only (the fair rental value of Greenacre for 15 days). ", "$2,500 (the fair rental value of G...
C
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Able, owner of Blackacre and Whiteacre, two adjoining parcels, conveyed Whiteacre to Baker and covenanted in the deed to Baker that when he, Able, sold Blackacre he would impose restrictive covenants to prohibit uses that would compete with the filling station that Baker intended to construct and operate on Whiteacre. ...
[ "Egan had actual knowledge of the covenant to impose restrictions.", "Egan is bound by the covenant because of the doctrine of negative reciprocal covenants.", "business-related restrictive covenants are favored in the law.", "Egan has constructive notice of the possibility of the covenant resulting from the ...
A
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While walking on a public sidewalk, Anson was struck by a piece of lumber that fell from the roof of Bruce's house. Bruce had hired Chase to make repairs to his roof, and the lumber fell through negligence on Chase's part. If Anson brings an action against Bruce to recover damages for the injury caused to him by Chase'...
[ "Yes, under the res ipsa loquitur doctrine. ", "Yes, if Chase's act was a breach of a nondelegable duty owed by Bruce to Anson. ", "No, if Chase was an independent contractor rather than Bruce's servant. ", "No, if Bruce exercised reasonable care in hiring Chase to do the repair work. " ]
B
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Owen contracted to sell Vacantacre to Perry. The written contract required Owen to provide evidence of marketable title of record, specified a closing date, stated that "time is of the essence," and provided that at closing, Owen would convey by warranty deed. Perry paid Owen $2,000 earnest money toward the $40,000 pur...
[ "Owen, because Alice's deed completing the transfer was given within a reasonable time. ", "Owen, because his warranty deed would have given Perry adequate interim protection. ", "Perry, because Owen's title was not marketable and time was of the essence. ", "Perry, because under the circumstances the earnest...
C
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A statute provides: A person commits the crime of rape if he has sexual intercourse with a female, not his wife, without her consent. Dunbar is charged with the rape of Sally. At trial, Sally testifies to facts sufficient for a jury to find that Dunbar had sexual intercourse with her, that she did not consent, and that...
[ "violated by the instructions as to both issues.", "violated by the instruction as to whether Sally was his wife, but not violated by the instruction on belief as to consent. ", "violated by the instruction on belief as to consent, but not violated by the instruction as to whether Sally was his wife. ", "not ...
B
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Star, who played the lead role in a television soap opera, was seriously injured in an automobile accident caused by Danton's negligent driving. As a consequence of Star's injury, the television series was canceled, and Penn, a supporting actor, was laid off. In an action against Danton, can Penn recover for his loss o...
[ "Yes, because Danton's negligence was the cause in fact of Penn's loss. ", "Yes, unless Penn failed to take reasonable measures to mitigate his loss. ", "No, unless Danton should have foreseen that by injuring Star he would cause harm to Penn. ", "No, because Danton's liability does not extend to economic los...
D
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On December 1, Broker contracted with Collecta to sell her one of a certain type of rare coin for $12,000, delivery and payment to occur on the next March 1. To fulfill that contract, and without Collecta's knowledge, Broker contracted on January 1 to purchase for $10,000 a specimen of that type coin from Hoarder, deli...
[ "Broker wins, because Collecta, if a beneficiary at all of the Broker-Hoarder contract, was only an incidental beneficiary. ", "Broker wins, because as of March 1 neither Hoarder nor Collecta had sustained any damage from Broker's repudiation of both contracts. ", "Collecta wins, because she was an intended ben...
A
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In a prosecution of Dale for murdering Vera, Dale testified that the killing had occurred in self defense when Vera tried to shoot him. In rebuttal, the prosecution seeks to call Walter, Vera's father, to testify that the day before the killing, Vera told Walter that she loved Dale so much she could never hurt him. Wal...
[ "admissible within the hearsay exception for statements of the declarant's then existing state of mind.", "admissible, because Vera is unavailable as a witness. ", "inadmissible as hearsay not within any exception.", "inadmissible, because Vera's character is not an issue. " ]
A
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For an agreed price of $20 million, Bildko, Inc., contracted with Venture to design and build on Venture's commercial plot a 15-story office building. In excavating for the foundation and underground utilities, Bildko encountered a massive layer of granite at a depth of 15 feet. By reasonable safety criteria, the build...
[ "Bildko is excused under the modern doctrine of supervening impossibility, which includes severe impracticability. ", "Bildko is excused, because the contract is voidable on account of the parties' mutual mistake concerning an essential underlying fact. ", "Venture prevails, because Bildko assumed the risk of e...
C
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Owens owned Whiteacre, a dwelling house situated on a two-acre lot in an area zoned for single-family residential uses only. Although it was not discernible from the outside, Whiteacre had been converted by Owens from a single-family house to a structure that contained three separate apartments, in violation of the zon...
[ "win, because Owens was able to convey a marketable title. ", "win, because Peters was charged with knowledge of the zoning ordinance prior to entering the contract. ", "lose, because the illegal conversion of Whiteacre creates the risk of litigation. ", "lose, because the illegal conversion of Whiteacre was ...
C
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Morten was the general manager and chief executive officer of the Woolen Company, a knitting mill. Morten delegated all operational decision making to Crouse, the supervising manager of the mill. The child labor laws in the jurisdiction provide, "It is a violation of the law for one to employ a person under the age of ...
[ "guilty, because he should have inquired as to the ages of the children. ", "guilty, because he hired the children. ", "not guilty, because in law the Woolen Company, not Crouse, is the employer of the children. ", "not guilty, because he believed he was following company policy and was not aware of the viola...
B
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Ann's three-year-old daughter, Janet, was killed in an automobile accident. At Ann's direction, Janet's body was taken to a mausoleum for interment. Normally, the mausoleum's vaults are permanently sealed with marble plates secured by "tamper-proof" screws. After Janet's body was placed in the mausoleum, however, only ...
[ "No, because Ann experienced no threat to her own safety. ", "No, unless the mausoleum's behavior was extreme and outrageous. ", "Yes, if the mausoleum failed to use reasonable care to safeguard the body. ", "Yes, unless Ann suffered no physical harm as a consequence of her emotional distress. " ]
C
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Wastrel, a notorious spendthrift who was usually broke for that reason, received the following letter from his Uncle Bullion, a wealthy and prudent man: "I understand you're in financial difficulties again. I promise to give you $5,000 on your birthday next month, but you'd better use it wisely or you'll never get anot...
[ "A promise to make a gift in the future is not enforceable.", "Reliance by the promisee on a promise to make a future gift does not make the promise enforceable unless the value of the promised gift is substantially equivalent to the promisee's loss by reliance.", "Reliance by the promisee on a promise to make ...
D
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Congress passed a bill prohibiting the President from granting a pardon to any person who had not served at least one-third of the sentence imposed by the court which convicted that person. The President vetoed the bill, claiming that it was unconstitutional. Nevertheless, Congress passed it over his veto by a two-thir...
[ "constitutional, because it was enacted over the President's veto by a two-thirds vote of each house. ", "constitutional, because it is a necessary and proper means of carrying out the powers of Congress. ", "unconstitutional, because it interferes with the plenary power of the President to grant pardons. ", ...
C
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Defendant is on trial for the crime of obstructing justice by concealing records subpoenaed May 1, in a government investigation. The government calls Attorney to testify that on May 3, Defendant asked him how to comply with the regulations regarding the transfer of records to a safe-deposit box in Mexico. The testimon...
[ "privileged, because it relates to conduct outside the jurisdiction of the United States. ", "privileged, because an attorney is required to keep the confidences of his clients. ", "not privileged, provided Attorney knew of the concededly illegal purpose for which the advice was sought. ", "not privileged, wh...
D
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Prad entered Drug Store to make some purchases. As he was searching the aisles for various items, he noticed a display card containing automatic pencils. The display card was on a high shelf behind a cashier's counter. Prad saw a sign on the counter that read, "No Admittance, Employees Only." Seeing no clerks in the vi...
[ "No, because Prad was a trespasser. ", "No, unless Prad's injuries resulted from the defendant's willful or wanton misconduct. ", "Yes, because the premises were defective with respect to a public invitee. ", "Yes, if the clerk had reason to believe that Prad was unaware of the open shaft. " ]
D
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A statute in the jurisdiction defines murder in the first degree as knowingly killing another person after deliberation. Deliberation is defined as "cool reflection for any length of time no matter how brief." Murder in the second degree is defined as "all other murder at common law except felony-murder." Felony-murder...
[ "murder in the first degree.", "murder in the second degree.", "murder in the third degree.", "manslaughter." ]
B
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Denn is on trial for arson. In its case in chief, the prosecution offers evidence that Denn had secretly obtained duplicate insurance from two companies on the property that burned and that Denn had threatened to kill his ex-wife if she testified for the prosecution. The court should admit evidence of
[ "Denn's obtaining duplicate insurance only.", "Denn's threatening to kill his ex-wife only.", "both Denn's obtaining duplicate insurance and threatening to kill his ex-wife.", "neither Denn's obtaining duplicate insurance nor threatening to kill his ex-wife." ]
C
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In the course of a bank holdup, Robber fired a gun at Guard. Guard drew his revolver and returned the fire. One of the bullets fired by Guard ricocheted, striking Plaintiff. If Plaintiff asserts a claim against Guard based upon battery, will Plaintiff prevail?
[ "Yes, unless Plaintiff was Robber's accomplice. ", "Yes, under the doctrine of transferred intent. ", "No, if Guard fired reasonably in his own defense. ", "No, if Guard did not intend to shoot Plaintiff. " ]
C
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Mural, a wallpaper hanger, sent Gennybelle, a general contractor, this telegram: Will do all paperhanging on new Doctors' Building, per owner's specs, for $14,000 if you accept within reasonable time after main contract awarded./s/ Mural Three other competing hangers sent Gennybelle similar bids in the respective amoun...
[ "After Mural's notice of revocation, Gennybelle made a reasonable effort to subcontract with another paperhanger at the lowest possible price. ", "Gennybelle had been required by the owner to submit a bid bond and could not have withdrawn or amended her bid on the main contract without forfeiting that bond.", "...
B
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Mural, a wallpaper hanger, sent Gennybelle, a general contractor, this telegram: Will do all paperhanging on new Doctors' Building, per owner's specs, for $14,000 if you accept within reasonable time after main contract awarded./s/ Mural Three other competing hangers sent Gennybelle similar bids in the respective amoun...
[ "Gennybelle gave Mural no consideration for an irrevocable sub-bid.", "Mural's sub-bid expressly requested Gennybelle's acceptance after awarding of the main contract.", "Even after paying $18,000 for the paperhanging, Gennybelle would make a net profit of $100,000 on the Doctors' Building contract. ", "Befor...
D
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Roberta Monk, a famous author, had a life insurance policy with Drummond Life Insurance Company. Her son, Peter, was beneficiary. Roberta disappeared from her residence in the city of Metropolis two years ago and has not been seen since. On the day that Roberta disappeared, Sky Airlines Flight 22 left Metropolis for Ri...
[ "admissible as circumstantial evidence that Roberta Monk was on the plane.", "admissible as a party admission, because Roberta and Peter Monk are in privity with each other. ", "inadmissible, because Roberta Monk has not been missing more than seven years. ", "inadmissible, because it is hearsay not within an...
A
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Jones and Smith, who were professional rivals, were attending a computer industry dinner where each was to receive an award for achievement in the field of data processing. Smith engaged Jones in conversation and expressed the opinion that if they joined forces, they could do even better. Jones replied that she would n...
[ "No, because Smith suffered no pecuniary loss. ", "No, because Jones's statement was made to Smith and not to Brown. ", "No, unless Jones should have foreseen that her statement would be overheard by another person. ", "No, unless Jones intended to cause Smith emotional distress. " ]
C
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Ozzie owned and occupied Blackacre, which was a tract of land improved with a onefamily house. His friend, Victor, orally offered Ozzie $50,000 for Blackacre, the fair market value, and Ozzie accepted. Because they were friends, they saw no need for attorneys or written contracts and shook hands on the deal. Victor pai...
[ "the agreement was oral.", "keeping the $5,000 is Ozzie's exclusive remedy. ", "Victor had a valid reason for not closing.", "Ozzie remained in possession on the day set for the closing." ]
A
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The Pinners, a retired couple, had lived in their home in a residential neighborhood for 20 years when the Darleys moved into the house next door and built a swimming pool in the back yard. The four young Darley children frequently played in the pool after school. They often were joined by other neighborhood children. ...
[ "prevail, if the children's noise constituted a substantial interference with the Pinners' use and enjoyment of their home. ", "prevail, because the Pinners' interest in the quiet enjoyment of their home takes precedence in time over the Darleys' interests. ", "not prevail, unless the noise constituted a substa...
C
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Which of the following items of evidence is LEAST likely to be admitted without a supporting witness?
[ "In a libel action, a copy of a newspaper purporting to be published by Defendant Newspaper Publishing Company. ", "In a case involving contaminated food, a can label purporting to identify the canner as Defendant Company. ", "In a defamation case, a document purporting to be a memorandum from the Defendant Com...
C
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For several weeks Mater, a wealthy, unemployed widow, and Nirvana Motors, Inc., negotiated unsuccessfully over the purchase price of a new Mark XX Rolls-Royce sedan, which, as Nirvana knew, Mater wanted her son Dilbert to have as a wedding gift. On April 27, Nirvana sent Mater a signed, dated memo saying, "If we can ar...
[ "A sale-of-goods contract may be made in any manner sufficient to show agreement, even though the moment of its making is undetermined. ", "A sale-of-goods contract does not require that an acceptance be a mirror image of the offer.", "With respect both to the making of an agreement and the requirement of consi...
A
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mmlu
For several weeks Mater, a wealthy, unemployed widow, and Nirvana Motors, Inc., negotiated unsuccessfully over the purchase price of a new Mark XX Rolls-Royce sedan, which, as Nirvana knew, Mater wanted her son Dilbert to have as a wedding gift. On April 27, Nirvana sent Mater a signed, dated memo saying, "If we can ar...
[ "Dilbert wins, because his rights as an assignee for value of the May 4 MaterNirvana contract cannot be cut off by agreement between the original parties. ", "Dilbert wins, because his rights as a third-party intended beneficiary became vested by his prejudicial reliance in selling his Cheetah on May 20. ", "Ni...
B
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Jones, who was driving his car at night, stopped the car and went into a nearby tavern for a drink. He left the car standing at the side of the road, projecting three feet into the traffic lane. The lights were on and his friend, Peters, was asleep in the back seat. Peters awoke, discovered the situation, and went back...
[ "nothing, if Peters was more negligent than either Davis or Jones. ", "nothing, unless the total of Davis's and Jones's negligence was greater than Peters's. ", "from Davis and Jones, jointly and severally, the amount of damages Peters suffered reduced by the percentage of the total negligence that is attribute...
C
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mmlu
Under the rule allowing exclusion of relevant evidence because its probative value is substantially outweighed by other considerations, which of the following is NOT to be considered?
[ "The jury may be confused about the appropriate application of the evidence to the issues of the case.", "The evidence is likely to arouse unfair prejudice on the part of the jury.", "The opponent is surprised by the evidence and not fairly prepared to meet it.", "The trial will be extended and made cumbersom...
C
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On June 1, Buyem, Inc., a widget manufacturer, entered into a written agreement with Mako, Inc., a tool maker, in which Mako agreed to produce and sell to Buyem 12 sets of newly designed dies to be delivered August 1 for the price of $50,000, payable ten days after delivery. Encountering unexpected expenses in the purc...
[ "Bargained-for exchange.", "Promissory estoppel.", "Modification of contracts without consideration.", "Unconscionability in the formation of contracts." ]
C
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Twenty years ago, Test, who owned Blackacre, a one-acre tract of land, duly delivered a deed of Blackacre "to School District so long as it is used for school purposes." The deed was promptly and properly recorded. Five years ago, Test died leaving Sonny as his only heir but, by his duly probated will, he left "all my ...
[ "Owner.", "Sonny.", "Fanny.", "School District." ]
C
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mmlu
Which correctly arranges three scientific terms-theory, law, and hypothesis-from least to most accepted or tested?
[ "theory, hypothesis, law", "hypothesis, law, theory", "theory, law, hypothesis", "hypothesis, theory, law" ]
D
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mmlu
Which most accurately describes a circle (pie) graph?
[ "used to demonstrate change in temperature only", "used to demonstrate change that is continuous", "used to demonstrate change that is not continuous", "used to describe how part of the data relates to all of the data" ]
D
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mmlu
Which occurs as a result of Earth's tilt on its rotating axis?
[ "movement of the tides", "prevalent or trade winds", "seasonal changes in the climate", "light and dark changes of day and night" ]
C
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mmlu
Which human body system attacks viruses and bacteria once they have invaded the body?
[ "circulatory", "endocrine", "digestive", "immune" ]
D
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mmlu
Which device converts kinetic energy into electrical energy?
[ "calculator", "generator", "electric motor", "electromagnet" ]
B
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mmlu
What is a worldwide increase in temperature called?
[ "greenhouse effect", "global warming", "ozone depletion", "solar heating" ]
B
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