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Furrow leased in writing a 100-acre farm from Quark for five years at $2,000 per year, with an option to purchase "five acres of the land for $10,000 cash" at the end of the lease term. Before the lease was executed, Quark orally promised to have a five-acre parcel surveyed before the end of the lease term. Furrow took... | [
"Quasi-contract, for benefits unofficiously and nongratuitously conferred upon Quark by Furrow. ",
"Tort, for conversion by Quark in retaking possession of the improvements. ",
"Breach of trust by Quark as trustee of a resulting trust of the improvements.",
"Breach by Quark of an implied-in-fact promise (mani... | 0A | |
Abco developed a new drug, ZB, for treatment of Wegener's disease. Abco extensively tested ZB for several years on animals and human volunteers and observed no undesirable side effects. The federal Food and Drug Administration (FDA) then approved ZB for sale as a prescription drug. Five other drug companies, each actin... | [
"Does the res ipsa loquitur doctrine apply?",
"Can liability be imposed on Abco without proof that Abco knew that the drug had an undesirable side effect?",
"Is Abco relieved of liability by the FDA approval of the drug?",
"Can liability be imposed on Abco without showing that its pills were used by Crane's f... | 3D | |
A state statute provides that only citizens of the United States may be employed by that state. In an action brought in a federal court, a resident alien who was prevented from obtaining state employment as a garbage collector solely because of his alien status challenged the statute's constitutionality as applied to h... | [
"The alien must demonstrate that there is no rational relationship between the citizenship requirement and any legitimate state interest.",
"The alien must demonstrate that the citizenship requirement is not necessary to advance an important state interest.",
"The state must demonstrate that there is a rational... | 3D | |
In litigation over the estate of Baggs, who died intestate, Payton, who is 18 years old, claimed to be Baggs's niece and entitled, therefore, to a share of his large estate. In support of her claim, Payton offered in evidence a Bible, properly identified as having belonged to Baggs's family, in the front of which was a... | [
"admissible as an ancient document.",
"admissible as a family record.",
"inadmissible, because it is hearsay, not within any exception. ",
"inadmissible, because there was no showing of firsthand knowledge by the one who wrote it"
] | 1B | |
Smythe was charged with the murder of his wife. In his defense, he testified that at the time he killed her, he believed that his wife was planning to destroy the world by detonating a massive explosive device that she had developed and built in the basement of their home. He further testified that he had tried many ti... | [
"lack of the requisite mental element.",
"lack of the requisite act element.",
"insanity.",
"belief that the situation justified his actions"
] | 2C | |
After being notified by Dr. Josephs that Nurse Norris's employment with his office was terminated, Norris applied for a position with Hospital. In her application, Norris listed her former employment with Josephs. Josephs, in response to a telephone inquiry from Hospital, stated that "Norris lacked professional compete... | [
"Yes, because Josephs was mistaken in the facts on which he based his opinion of Norris's competence. ",
"Yes, because the statement of Josephs reflected adversely on Norris's professional competence. ",
"No, if Norris authorized Hospital to make inquiry of her former employer. ",
"No, if Josephs had reasonab... | 3D | |
Pullen used aluminum brackets in her business. On the telephone listed as hers in the telephone book, Pullen received a call in which the caller said, "This is John Denison of Denison Hardware Company. We have a special on aluminum brackets this week at 30 percent off." Pullen ordered brackets from the caller. When the... | [
"the call related to business reasonably transacted over the telephone.",
"the call was received at a number assigned to Pullen by the telephone company.",
"after hearing Denison speak in chambers, Pullen recognized Denison's voice as that of the person on the telephone. ",
"self-identification is sufficient ... | 2C | |
The High National Grasslands is owned by the United States and is located in the center of a large western state. Acting pursuant to a federal statute authorizing such action, the United States Bureau of Land Management leased the grazing rights in the High National Grasslands to ranchers located nearby. Grazingland Co... | [
"The general welfare clause of Article I, § 8. ",
"The federal property clause of Article IV, § 3. ",
"The commerce clause of Article I, § 8. ",
"The supremacy clause of Article VI"
] | 1B | |
Ann leased commercial property to Brenda for a period of 10 years. The lease contained the following provision: "No subleasing or assignment will be permitted unless with the written consent of the lessor." One year later, Brenda assigned all interest in the lease to Carolyn, who assumed and agreed to perform the lesse... | [
"laches.",
"an accord and satisfaction.",
"a novation.",
"an attornment"
] | 2C | |
On January 2, Hugh Homey and Sue Structo entered into a written contract in which Structo agreed to build on Homey's lot a new house for Homey, according to plans and specifications furnished by Homey's architect, Barbara Bilevel, at a contract price of $200,000. The contract provided for specified progress payments an... | [
"Homey will recover damages as specified in the contract, i.e., $500 multiplied by 15. ",
"Homey will recover his actual damages, if any, caused by the delay in completion. ",
"Having waived the delay by occupying the house and making the final payment Homey will recover nothing.",
"Homey will recover nothing... | 1B | |
On January 2, Hugh Homey and Sue Structo entered into a written contract in which Structo agreed to build on Homey's lot a new house for Homey, according to plans and specifications furnished by Homey's architect, Barbara Bilevel, at a contract price of $200,000. The contract provided for specified progress payments an... | [
"Structo wins, because nonoccurrence of the condition requiring Bilevel's certificate of final approval was excused by Bilevel's bad-faith refusal to issue the certificate. ",
"Structo wins, but, because all contractual conditions have not occurred, her recovery is limited to restitution of the benefit conferred ... | 0A | |
Chemco designed and built a large tank on its premises for the purpose of storing highly toxic gas. The tank developed a sudden leak and escaping toxic gas drifted onto the adjacent premises, where Nyman lived. Nyman inhaled the gas and died as a result. In a suit brought by Nyman's personal representative against Chem... | [
"I only.",
"I and II only.",
"I and III only.",
"I, II, and III"
] | 0A | |
Zall, a resident of the state of Paxico, brought suit in federal district court against Motors, Inc., a Paxico corporation. Zall seeks recovery of $12,000 actual and $12,000 punitive damages arising from Motors's sale to him of a defective automobile. Zall's suit is based only on a common law contract theory. From a co... | [
"Yes, because Article III vests federal courts with jurisdiction over cases involving the obligation of contracts. ",
"Yes, because it is an action affecting interstate commerce. ",
"No, because this suit is not within the jurisdiction of an Article III court. ",
"No, because there is no case or controversy w... | 2C | |
Pack sued Donlon for slander, alleging that Donlon had publicly accused Pack of being a thief. In his answer, Donlon admitted making the accusation, but alleged that it was a true statement. At trial, Donlon offers evidence that Pack stole a ring worth $10,000 from a jewelry store. Evidence concerning this theft should... | [
"admitted, because specific instances of conduct may be proved when character is directly in issue. ",
"admitted, because Pack's action constituted a felony. ",
"excluded, because character must be shown by reputation or opinion. ",
"excluded, because its relevance is substantially outweighed by the danger of... | 0A | |
Rimm and Hill were fooling around with a pistol in Hill's den. Rimm aimed the pistol in Hill's direction and fired three shots slightly to Hill's right. One shot ricocheted off the wall and struck Hill in the back, killing him instantly. The most serious crime of which Rimm can be convicted is | [
"murder.",
"voluntary manslaughter.",
"involuntary manslaughter.",
"assault with a dangerous weapon"
] | 0A | |
Oaks, the owner of Blackacre, conveyed a rightof-way to United Utility "for the underground transportation of gas by pipeline, the location of right-of-way to be mutually agreed upon by Oaks and United Utility." United Utility then installed a six-inch pipeline at a location selected by it and not objected to by Oaks. ... | [
"any right implied to expand the original use of the right-of-way creates an interest that violates the Rule Against Perpetuities.",
"the original installation by United Utility defined the scope of the easement.",
"Oaks did not expressly agree to the location of the right-of-way.",
"the assertion of the righ... | 1B | |
A statute authorizes a specified federal administrative agency to issue rules governing the distribution of federal grant funds for scientific research. The statute provides that, in issuing those rules, the agency must follow procedures and substantive standards contained in the statute. In a severable provision, the ... | [
"constitutional, because it is a necessary and proper means of ensuring that the rules issued by this agency are actually consistent with the will of Congress. ",
"constitutional, because discretionary money grants authorized by statute are privileges, not rights, and therefore Congress has greater freedom to int... | 3D | |
Perez sued Dawson for damages arising out of an automobile collision. At trial, Perez called Minter, an eyewitness to the collision. Perez expected Minter to testify that she had observed Dawson's automobile for five seconds prior to the collision and estimated Dawson's speed at the time of the collision to have been 5... | [
"admissible as a present sense impression.",
"admissible to impeach Minter.",
"inadmissible, because Perez may not impeach his own witness. ",
"inadmissible, because it is hearsay, not within any exception"
] | 1B | |
On August 1, Geriatrics, Inc., operating a "lifetime care" home for the elderly, admitted Ohlster, who was 84 years old, for a trial period of two months. On September 25, Ohlster and Geriatrics entered into a written lifetime care contract with an effective commencement date of October 1. The full contract price was $... | [
"Yes, because Geriatrics would otherwise be unjustly enriched at Ohlster's expense. ",
"Yes, under the doctrine of frustration of purpose. ",
"No, because Ohlster's life span and the duration of Geriatrics' commitment to him was a risk assumed by both parties. ",
"No, but only if Geriatrics can show that betw... | 2C | |
Frank owned two adjacent parcels, Blackacre and Whiteacre. Blackacre fronts on a poor unpaved public road, while Whiteacre fronts on Route 20, a paved major highway. Fifteen years ago, Frank conveyed to his son, Sam, Blackacre "together with a right-of-way 25 feet wide over the east side of Whiteacre to Route 20." At t... | [
"Doris, because merger extinguished the easement. ",
"Doris, because Joe has overburdened the easement. ",
"Joe, because he has an easement by necessity. ",
"Joe, because he has the easement granted by Frank to Sam"
] | 3D | |
Able and Baker are students in an advanced high school Russian class. During an argument one day in the high school cafeteria, in the presence of other students, Able, in Russian, accused Baker of taking money from Able's locker. In a suit by Baker against Able based on defamation, Baker will | [
"prevail, because Able's accusation constituted slander per se. ",
"prevail, because the defamatory statement was made in the presence of third persons. ",
"not prevail, unless Able made the accusation with knowledge of falsity or reckless disregard of the truth. ",
"not prevail, unless one or more of the oth... | 3D | |
Five years ago, Sally acquired Blackacre, improved with a 15-year-old dwelling. This year Sally listed Blackacre for sale with Bill, a licensed real estate broker. Sally informed Bill of several defects in the house that were not readily discoverable by a reasonable inspection, including a leaky basement, an inadequate... | [
"Sally fulfilled the duty to disclose defects by disclosure to Bill.",
"the contract's \"as is\" provision controls the rights of the parties. ",
"Bill became the agent of both Paul and Sally and thus knowledge of the defects was imputed to Paul.",
"the seller of a used dwelling that has been viewed by the bu... | 1B | |
Hydro-King, Inc., a high-volume pleasure boat retailer, entered into a written contract with Zuma, signed by both parties, to sell Zuma a power boat for $12,000. The manufacturer's price of the boat delivered to Hydro-King was $9,500. As the contract provided, Zuma paid Hydro-King $4,000 in advance and promised to pay ... | [
"Zuma's claim should be denied, because, as the party in default, he is deemed to have lost any right to restitution of a benefit conferred on Hydro-King. ",
"Zuma's claim should be denied, because, but for his repudiation, Hydro-King would have made a profit on two boat sales instead of one. ",
"Zuma's claim s... | 2C | |
A federal statute prohibits the sale or resale, in any place in this country, of any product intended for human consumption or ingestion into the human body that contains designated chemicals known to cause cancer, unless the product is clearly labeled as dangerous. The constitutionality of this federal statute may mos... | [
"regulate commerce among the states.",
"enforce the Fourteenth Amendment.",
"provide for the general welfare.",
"promote science and the useful arts"
] | 0A | |
Shore decided to destroy his dilapidated building in order to collect the insurance money. He hired Parsons to burn down the building. Parsons broke into the building and carefully searched it to make sure no one was inside. He failed, however, to see a vagrant asleep in an office closet. He started a fire. The buildin... | [
"arson.",
"fraud.",
"conspiracy.",
"burglary"
] | 0A | |
Dalton is on trial for burglary. During crossexamination of Dalton, the prosecutor wants to inquire about Dalton's earlier conviction for falsifying a credit application. Which of the following facts concerning the conviction would be the best reason for the trial court's refusing to allow such examination? | [
"Dalton was released from prison 12 years ago.",
"Dalton was put on probation rather than imprisoned.",
"It was for a misdemeanor rather than a felony.",
"It is on appeal"
] | 0A | |
Dent operates a residential rehabilitation center for emotionally disturbed and ungovernable children who have been committed to his custody by their parents or by juvenile authorities. The center's purpose is to modify the behavior of the children through a teaching program carried out in a family-like environment. Th... | [
"No, because parents are not personally liable for their child's intentional torts. ",
"Yes, if Camden was old enough to be liable for battery. ",
"Yes, because Camden was in Dent's custody. ",
"No, unless Dent knew or had reason to know that Camden had a propensity to attack younger children. "
] | 3D | |
Orin owned in fee simple Blueacre, a farm of 300 acres. He died and by will duly admitted to probate devised Blueacre to his surviving widow, Wilma, for life with remainder in fee simple to his three children, Cindy, Clara, and Carter. All three children survived Orin. At the time of Orin's death, there existed a mortg... | [
"her only protection lies in instituting an action for partition to compel the sale of the life estate of Wilma and to obtain the value of her own one-third interest in remainder.",
"she could obtain appropriate relief to compel Wilma personally to pay the sums due because the income is more than adequate to cove... | 3D | |
Ohner and Planner signed a detailed writing in which Planner, a landscape architect, agreed to landscape and replant Ohner's residential property in accordance with a design prepared by Planner and incorporated in the writing. Ohner agreed to pay $10,000 for the work upon its completion. Ohner's spouse was not a party ... | [
"Yes, because the oral agreement required approval by a third party. ",
"Yes, because the evidence shows that the writing was intended to take effect only if the approval occurred ",
"No, because the parol evidence rule bars evidence of a prior oral agreement even if the latter is consistent with the terms of a... | 1B | |
Ohner and Planner signed a detailed writing in which Planner, a landscape architect, agreed to landscape and replant Ohner's residential property in accordance with a design prepared by Planner and incorporated in the writing. Ohner agreed to pay $10,000 for the work upon its completion. Ohner's spouse was not a party ... | [
"Substantial performance.",
"Promissory estoppel.",
"Irrevocable waiver of condition.",
"Unjust enrichment."
] | 2C | |
A federal statute enacted pursuant to the powers of Congress to enforce the Fourteenth Amendment and to regulate commerce among the states prohibits any state from requiring any of its employees to retire from state employment solely because of their age. The statute expressly authorizes employees required by a state t... | [
"When Congress exercises power vested in it by the Fourteenth Amendment and/or the commerce clause, Congress may enact appropriate remedial legislation expressly subjecting the states to private suits for damages in federal court. ",
"When Congress exercises power vested in it by any provision of the Constitution... | 0A | |
Suspecting that Scott had slain his wife, police detectives persuaded one of Scott's employees to remove a drinking glass from Scott's office so that it could be used for fingerprint comparisons with a knife found near the body. The fingerprints matched. The prosecutor announced that he would present comparisons and ev... | [
"granted, because, if there was no probable cause, the grand jury should not consider the evidence. ",
"granted, because the employee was acting as a police agent and his seizure of the glass without a warrant was unconstitutional. ",
"denied, because motions based on the exclusionary rule are premature in gran... | 2C | |
Deetz was prosecuted for homicide. He testified that he shot in self-defense. In rebuttal, Officer Watts testified that he came to the scene in response to a telephone call from Deetz. Watts offers to testify that he asked, "What is the problem here, sir?" and Deetz replied, "I was cleaning my gun and it went off accid... | [
"admissible as an excited utterance.",
"admissible to impeach Deetz and as evidence that he did not act in self-defense.",
"inadmissible, because of Deetz's privilege against self-incrimination. ",
"inadmissible, because it tends to exculpate without corroboration"
] | 1B | |
Landco owns and operates a 12-story apartment building containing 72 apartments, 70 of which are rented. Walker has brought an action against Landco alleging that while he was walking along a public sidewalk adjacent to Landco's apartment building a flowerpot fell from above and struck him on the shoulder, causing exte... | [
"Yes, because Walker was injured by an artificial condition of the premises while using an adjacent public way. ",
"Yes, because such an accident does not ordinarily happen in the absence of negligence. ",
"No, if Landco is in no better position than Walker to explain the accident. ",
"No, because there is no... | 3D | |
Rohan executed and delivered a promissory note and a mortgage securing the note to Acme Mortgage Company, which was named as payee in the note and as mortgagee in the mortgage. The note included a statement that the indebtedness evidenced by the note was "subject to the terms of a contract between the maker and the pay... | [
"Peterson owns both the note and the mortgage.",
"XYZ Bank owns both the note and the mortgage.",
"Peterson owns the note and XYZ Bank owns the mortgage.",
"XYZ Bank owns the note and Peterson owns the mortgag"
] | 1B | |
Fruitko, Inc., ordered from Orchard, Inc., 500 bushels of No. 1 Royal Fuzz peaches, at a specified price, "for prompt shipment." Orchard promptly shipped 500 bushels, but by mistake shipped No. 2 Royal Fuzz peaches instead of No. 1. The error in shipment was caused by the negligence of Orchard's shipping clerk. Which o... | [
"Orchard's shipment of the peaches was a counteroffer and Fruitko can refuse to accept them.",
"Orchard's shipment of the peaches was a counteroffer but, since peaches are perishable, Fruitko, if it does not want to accept them, must reship the peaches to Orchard in order to mitigate Orchard's losses. ",
"Fruit... | 3D | |
A federal law provides that all motor vehicle tires discarded in this country must be disposed of in facilities licensed by the federal Environmental Protection Agency. Pursuant to this federal law and all proper federal procedural requirements, that agency has adopted very strict standards for the licensing of such fa... | [
"No, because a state must comply with valid federal laws that regulate matters affecting interstate commerce. ",
"No, because some of the tires come from vehicles that are used by the state solely in its commercial activities. ",
"Yes, because some of the tires come from vehicles that are used by the state in t... | 0A | |
Kathy, a two-year-old, became ill with meningitis. Jim and Joan, her parents, were members of a group who believed fervently that if they prayed enough, God would not permit their child to die. Accordingly, they did not seek medical aid for Kathy and refused all offers of such aid. They prayed continuously. Kathy died ... | [
"they did not intend to kill or to harm Kathy.",
"they were pursuing a constitutionally protected religious belief.",
"Kathy's death was not proximately caused by their conduct.",
"they neither premeditated nor deliberated"
] | 0A | |
Decker, charged with armed robbery of a store, denied that he was the person who had robbed the store. In presenting the state's case, the prosecutor seeks to introduce evidence that Decker had robbed two other stores in the past year. This evidence is | [
"admissible to prove a pertinent trait of Decker's character and Decker's action in conformity therewith.",
"admissible to prove Decker's intent and identity.",
"inadmissible, because character must be proved by reputation or opinion and may not be proved by specific acts. ",
"inadmissible, because its probat... | 3D | |
Palmco owns and operates a beachfront hotel. Under a contract with City to restore a public beach, Dredgeco placed a large and unavoidably dangerous stone-crushing machine on City land near Palmco's hotel. The machine creates a continuous and intense noise that is so disturbing to the hotel guests that they have cancel... | [
"an abnormally dangerous activity.",
"a private nuisance.",
"negligence.",
"a trespass"
] | 1B | |
Owen owned Greenacre, a tract of land, in fee simple. By warranty deed he conveyed Greenacre to Lafe for life "and from and after the death of Lafe to Rem, her heirs and assigns." Subsequently Rem died, devising all of her estate to Dan. Rem was survived by Hannah, her sole heir at law. Shortly thereafter Lafe died, su... | [
"Owen, because the contingent remainder never vested and Owen's reversion was entitled to possession immediately upon Lafe's death. ",
"Dan, because the vested remainder in Rem was transmitted by her will. ",
"Hannah, because she is Rem's heir. ",
"either Owen or Hannah, depending upon whether the destructibi... | 1B | |
Pater and his adult daughter, Carmen, encountered Tertius, an old family friend, on the street. Carmen said to Tertius, "How about lending me $1,000 to buy a used car? I'll pay you back with interest one year from today." Pater added, "And if she doesn't pay it back as promised, I will." Tertius thereupon wrote out and... | [
"He received no consideration for his conditional promise to Tertius.",
"His conditional promise to Tertius was not to be performed in less than a year from the time it was made.",
"His conditional promise to Tertius was not made for the primary purpose of benefiting himself (Pater).",
"The loan by Tertius wa... | 2C | |
After several well-publicized deaths caused by fires in products made from highly flammable fabrics, the state of Orange enacted a statute prohibiting "the manufacture or assembly of any product in this state which contains any fabric that has not been tested and approved for flame retardancy by the Zetest Testing Comp... | [
"constitutional, because it is reasonably related to the protection of the reputation of the fabric industry located in the state of Orange. ",
"constitutional, because it is a legitimate means of protecting the safety of the public. ",
"unconstitutional, because it denies to Fabric Mill the equal protection of... | 3D | |
Miller was indicted in a state court in January 1985 for a robbery and murder that occurred in December 1982. He retained counsel, who filed a motion to dismiss on the ground that Miller had been prejudiced by a 25-month delay in obtaining the indictment. Thereafter, Miller, with his counsel, appeared in court for arra... | [
"The judge did not rule on his motion to dismiss before accepting the guilty plea.",
"The judge did not determine that Miller had robbed and killed the victim.",
"The judge did not determine whether Miller understood that he had a right to jury trial.",
"The judge did not determine whether the prosecutor's fi... | 2C | |
Paul sued Dyer for personal injuries sustained when Dyer's car hit Paul, a pedestrian. Immediately after the accident, Dyer got out of his car, raced over to Paul, and said, "Don't worry I'll pay your hospital bill." Paul's testimony concerning Dyer's statement is | [
"admissible, because it is an admission of liability by a party opponent. ",
"admissible, because it is within the excited utterance exception to the hearsay rule. ",
"inadmissible to prove liability, because it is an offer to pay medical expenses. ",
"inadmissible, provided that Dyer kept his promise to pay ... | 2C | |
As a result of an accident at the NPP nuclear power plant, a quantity of radioactive vapor escaped from the facility, and two members of the public were exposed to excessive doses of radiation. According to qualified medical opinion, that exposure will double the chance that these two persons will ultimately develop ca... | [
"Will the court recognize that the plaintiffs have suffered a present legal injury?",
"Can the plaintiffs prove the amount of their damages?",
"Can the plaintiffs prove that any harm they may suffer was caused by this exposure?",
"Can the plaintiffs prevail without presenting evidence of specific negligence o... | 3D | |
Pam and Dora own adjoining lots in the central portion of a city. Each of their lots had an office building. Dora decided to raze the existing building on her lot and to erect a building of greater height, and she received all governmental approvals required to pursue her project. There is no applicable statute or ordi... | [
"Dora is liable, because she removed necessary support for Pam's lot. ",
"Dora cannot be held liable simply upon proof that support was removed, but may be held liable if negligence is proved. ",
"Once land is improved with a building, the owner cannot invoke the common law right of lateral support. ",
"Dora'... | 1B | |
Pam and Dora own adjoining lots in the central portion of a city. Each of their lots had an office building. Dora decided to raze the existing building on her lot and to erect a building of greater height, and she received all governmental approvals required to pursue her project. There is no applicable statute or ordi... | [
"Pam is entitled to a mandatory injunction requiring Dora to restore conditions to those existing with the prior building insofar as the shadow is concerned.",
"The court should award permanent damages, in lieu of an injunction, equal to the present value of all rents lost and loss on rents for the reasonable lif... | 3D | |
A city ordinance makes the city building inspector responsible for ensuring that all buildings in that city are kept up to building code standards and requires the inspector to refer for prosecution all known building code violations. Another ordinance provides that the city building inspector may be discharged for "go... | [
"Yes, because the statements demonstrate that the building inspector has an attitude toward a certain class of persons that interferes with the proper performance of the obligations of his job. ",
"Yes, because the building inspector is a government employee and a person holding such a position may not make publi... | 0A | |
John asked Doris to spend a weekend with him at his apartment and promised her that they would get married on the following Monday. Doris agreed and also promised John that she would not tell anyone of their plans. Unknown to Doris, John had no intention of marrying her. After Doris came to his apartment, John told Dor... | [
"kidnapping.",
"attempted kidnapping.",
"kidnapping or attempted kidnapping but not both.",
"neither kidnapping nor attempted kidnapping"
] | 3D | |
In a civil action for personal injury, Payne alleges that he was beaten up by Dabney during an altercation in a crowded bar. Dabney's defense is that he was not the person who hit Payne. To corroborate his testimony about the cause of his injuries, Payne seeks to introduce, through the hospital records custodian, a not... | [
"inadmissible, unless the doctor who made the record is present at trial and available for cross-examination. ",
"inadmissible as hearsay, not within any exception. ",
"admissible as hearsay, within the exception for records of regularly conducted activity. ",
"admissible as a statement made for the purpose o... | 1B | |
After extensive negotiations, Tune Corporation, a radio manufacturer, and Bill's Comex, Inc., a retailer, entered into a final written agreement in which Tune agreed to sell and Bill's agreed to buy all of its requirements of radios, estimated at 20 units per month, during the period January 1, 1988, through December 3... | [
"inadmissible, because the evidence is barred by the parol evidence rule. ",
"inadmissible, because the express terms of the agreement control when those terms are inconsistent with the course of performance. ",
"admissible, because the evidence supports an agreement that is not within the relevant statute of f... | 3D | |
After extensive negotiations, Tune Corporation, a radio manufacturer, and Bill's Comex, Inc., a retailer, entered into a final written agreement in which Tune agreed to sell and Bill's agreed to buy all of its requirements of radios, estimated at 20 units per month, during the period January 1, 1988, through December 3... | [
"Tune's deposit of the check and its return to Bill's after payment estopped Tune thereafter to assert that Bill's owed any additional amount.",
"By depositing the check without protest and with knowledge of its wording, Tune discharged any remaining duty to pay on the part of Bill's. ",
"By depositing the chec... | 1B | |
While driving at a speed in excess of the statutory limit, Dant negligently collided with another car, and the disabled vehicles blocked two of the highway's three northbound lanes. When Page approached the scene two minutes later, he slowed his car to see if he could help those involved in the collision. As he slowed,... | [
"Yes, because it was Thomas, not Dant who collided with Page's car and caused Page's injuries. ",
"Yes, if Page could have safely passed the disabled vehicles in the traffic lane that remained open. ",
"No, because a jury could find that Page's injury arose from a risk that was a continuing consequence of Dant'... | 2C | |
Owen owned Greenacre in fee simple. The small house on Greenacre was occupied, with Owen's oral permission, rent-free, by Able, Owen's son, and Baker, a college classmate of Able. Able was then 21 years old. Owen, by properly executed instrument, conveyed Greenacre to "my beloved son, Able, his heirs and assigns, upon ... | [
"Able, because the conveyance created a fee simple subject to divestment in Able. ",
"Able, because Owen's conveyance terminated Baker's tenancy. ",
"Baker, because Owen's permission to occupy preceded Owen's conveyance to Able. ",
"Baker, because Baker is a tenant of Owen, not of Able"
] | 3D | |
Testator, whose nephew Bypast was his only heir, died leaving a will that gave his entire estate to charity. Bypast, knowing full well that Testator was of sound mind all of his life, and having no evidence to the contrary, nevertheless filed a suit contesting Testator's will on the ground that Testator was incompetent... | [
"Yes, because the Bypast-Craven agreement was a bargained-for exchange. ",
"Yes, because the law encourages the settlement of disputed claims. ",
"No, because Bypast did not bring the will contest in good faith. ",
"No, because an agreement to oust the court of its jurisdiction to decide a will contest is con... | 2C | |
The National AIDS Prevention and Control Act is a new comprehensive federal statute that was enacted to deal with the public health crisis caused by the AIDS virus. Congress and the President were concerned that inconsistent lower court rulings with respect to the constitutionality, interpretation, and application of t... | [
"constitutional, because it is authorized by the Article I power of Congress to enact all laws that are \"necessary and proper\" to implement the general welfare. ",
"constitutional, because Article III provides that the jurisdiction of the United States Supreme Court is subject to such exceptions and such regula... | 3D | |
Morten was the general manager and chief executive officer of the Woolen Company, a knitting mill. Morten delegated all operational decision making to Grouse, 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 Grouse, is the employer of the children. ",
"not guilty, because he believed he was following company policy and was not aware of the viola... | 1B | |
Morten was the general manager and chief executive officer of the Woolen Company, a knitting mill. Morten delegated all operational decision making to Grouse, 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 ... | [
"correct, because it is a violation of due process to punish without a voluntary act. ",
"correct, because criminal liability is personal and the Woolen Company is the employer of the children, not Morten. ",
"incorrect, because regulatory offenses are not subject to due process limitations. ",
"incorrect, be... | 3D | |
Dexter is being tried for the homicide of a girl whose strangled body was found beside a remote logging road with her hands taped together. After Dexter has 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 homi... | [
"admissible as tending to show that 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"
] | 0A | |
Dooley was a pitcher for the City Robins, a professional baseball team. While Dooley was throwing warm-up pitches on the sidelines during a game, he was continuously heckled by some spectators seated in the stands above the dugout behind a wire mesh fence. On several occasions, Dooley turned and looked directly at the ... | [
"affirmed, because the jury found on the evidence that Dooley could not foresee that the ball would pass through the fence. ",
"affirmed, if there was evidence that Dooley was mentally ill and that his act was the product of his mental illness. ",
"reversed and the case remanded, if a jury could find on the evi... | 2C | |
Dooley was a pitcher for the City Robins, a professional baseball team. While Dooley was throwing warm-up pitches on the sidelines during a game, he was continuously heckled by some spectators seated in the stands above the dugout behind a wire mesh fence. On several occasions, Dooley turned and looked directly at the ... | [
"reversed and the case remanded, because a jury could find the City Robins vicariously liable for a battery committed by Dooley in the course of his employment. ",
"reversed and the case remanded, only if a jury could find negligence on the part of the Robins team management. ",
"affirmed, because an employer i... | 0A | |
Small retailers located in the state of Yellow are concerned about the loss of business to certain large retailers located nearby in bordering states. In an effort to deal with this concern, the legislature of Yellow enacted a statute requiring all manufacturers and wholesalers who sell goods to retailers in Yellow to ... | [
"deprives them of their property or liberty without due process of law.",
"imposes an unreasonable burden on interstate commerce",
"deprives them of a privilege or immunity of national citizenship.",
"denies them the equal protection of the laws"
] | 1B | |
Smith is a new lawyer who has three clients, all of whom are indigent. To improve the appearance of his office, he decided to purchase some new furniture and to pay for it out of future earnings. Wearing an expensive suit borrowed from a friend, Smith went to a furniture store and asked to purchase on credit a desk and... | [
"even if he misled the store owner, he intended to pay for the items. ",
"he did not misrepresent any material fact.",
"the store owner got his property back and so suffered no harm.",
"the store owner could have asked for payment in full at the time of the purchase."
] | 1B | |
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... | 2C | |
A federally owned and operated office building in the state of West Dakota is heated with a new pollution-free heating system. However, in the coldest season of the year, this new system is sometimes insufficient to supply adequate heat to the building. The appropriation statute providing the money for construction of ... | [
"Yes, because the regulation of pollution is a legitimate state police power concern. ",
"Yes, because the regulation of pollution is a joint concern of the federal government and the state and, therefore, both of them may regulate conduct causing pollution. ",
"No, because the operations of the federal governm... | 2C | |
Dieter parked her car in violation of a city ordinance that prohibits parking within 10 feet of a fire hydrant. Because Grove was driving negligently, his car sideswiped Dieter's parked car. Plaintiff, a passenger in Grove's car, was injured in the collision. If Plaintiff asserts a claim against Dieter to recover damag... | [
"Yes, because Dieter was guilty of negligence per se. ",
"Yes, if Plaintiff would not have been injured had Dieter's car not been parked where it was. ",
"No, because Dieter's parked car was not an active or efficient cause of Plaintiff's injury. ",
"No, if prevention of traffic accidents was not a purpose of... | 3D | |
On July 15, in a writing signed by both parties, Fixtures, Inc., agreed to deliver to Druggist on August 15 five storage cabinets from inventory for a total price of $5,000 to be paid on delivery. On August 1, the two parties orally agreed to postpone the delivery date to August 20. On August 20, Fixtures tendered the ... | [
"Yes, because neither the July 15 agreement nor the August 1 agreement was required to be in writing. ",
"Yes, because the August 1 agreement operated as a waiver of the August 15 delivery term. ",
"No, because there was no consideration to support the August 1 agreement. ",
"No, because the parol evidence ru... | 1B | |
Beth wanted to make some money, so she decided to sell cocaine. She asked Albert, who was reputed to have access to illegal drugs, to supply her with cocaine so she could resell it. Albert agreed and sold Beth a bag of white powder. Beth then repackaged the white powder into smaller containers and sold one to Carol, an... | [
"Both Albert and Beth are guilty of attempting to sell cocaine.",
"Neither Albert nor Beth is guilty of attempting to sell cocaine.",
"Albert is guilty of attempting to sell cocaine, but Beth is not. ",
"Albert is not guilty of attempting to sell cocaine, but Beth is."
] | 3D | |
Neighbor, who lived next door to Homeowner, went into Homeowner's garage without permission and borrowed Homeowner's chain saw. Neighbor used the saw to clear broken branches from the trees on Neighbor's own property. After he had finished, Neighbor noticed several broken branches on Homeowner's trees that were in dang... | [
"Yes, for the actual damage to the saw. ",
"Yes, for the value of the saw before Neighbor borrowed it. ",
"No, because when the saw broke Neighbor was using it to benefit Homeowner. ",
"No, because Neighbor did not intend to keep the saw."
] | 1B | |
Homeowner hired Arsonist to set fire to Homeowner's house so that Homeowner could collect the insurance proceeds from the fire. After pouring gasoline around the house, Arsonist lit the fire with his cigarette lighter and then put the lighter in his pocket. As Arsonist was standing back admiring his work, the lighter e... | [
"Yes, if the lighter exploded because of a defect caused by a manufacturing error. ",
"Yes, if Arsonist can establish that the lighter was the proximate cause of his injury. ",
"No, because the lighter was not being used for an intended or reasonably foreseeable purpose. ",
"No, because Arsonist was injured i... | 0A | |
Susan owned Goldacre, a tract of land, in fee simple. By warranty deed, she conveyed Goldacre in fee simple to Ted for a recited consideration of "$10 and other valuable consideration." The deed was promptly and properly recorded. One week later, Susan and Ted executed a written document that stated that the conveyance... | [
"Benton, because a successor in title to the trustee takes title subject to the grantor's trust. ",
"Benton, because equitable interests are not subject to the recording act. ",
"Patricia, because, as a bona fide purchaser, she took free of the trust encumbering Ted's title. ",
"Patricia, because no trust was... | 2C | |
In a federal investigation of Defendant for tax fraud, the grand jury seeks to obtain a letter written January 15 by Defendant to her attorney in which she stated: "Please prepare a deed giving my ranch to University but, in order to get around the tax law, I want it back-dated to December 15." The attorney refuses to ... | [
"prohibited, because the statement is protected by the attorney-client privilege. ",
"prohibited, because the statement is protected by the client's privilege against self-incrimination. ",
"required, because the statement was in furtherance of crime or fraud. ",
"required, because the attorney-client privile... | 2C | |
After being fired from his job, Mel drank almost a quart of vodka and decided to ride the bus home. While on the bus, he saw a briefcase he mistakenly thought was his own, and began struggling with the passenger carrying the briefcase. Mel knocked the passenger to the floor, took the briefcase, and fled. Mel was arrest... | [
"acquitted, because he used no threats and was intoxicated. ",
"acquitted, because his mistake negated the required specific intent. ",
"convicted, because his intoxication was voluntary. ",
"convicted, because mistake is no defense to robbery."
] | 1B | |
A generally applicable state statute requires an autopsy by the county coroner in all cases of death that are not obviously of natural causes. The purpose of this law is to ensure the discovery and prosecution of all illegal activity resulting in death. In the 50 years since its enactment, the statute has been consiste... | [
"constitutional, because a dead individual is not a person protected by the due process clause of the Fourteenth Amendment. ",
"constitutional, because it is a generally applicable statute and is rationally related to a legitimate state purpose. ",
"unconstitutional, because it is not necessary to vindicate a c... | 1B | |
By the terms of a written contract signed by both parties on January 15, M.B. Ram, Inc., agreed to sell a specific ICB personal computer to Marilyn Materboard for $3,000, and Materboard agreed to pick up and pay for the computer at Ram's store on February 1. Materboard unjustifiably repudiated on February 1. Without no... | [
"nothing, because it received a price on resale equal to the contract price that Materboard had agreed to pay. ",
"nothing, because Ram failed to give Materboard proper notice of Ram's intention to resell. ",
"Ram's anticipated profit on the sale to Materboard plus incidental damages, if any, because Ram lost t... | 2C | |
Anna owned Blackacre, which was improved with a dwelling. Beth owned Whiteacre, an adjoining unimproved lot suitable for constructing a dwelling. Beth executed and delivered a deed granting to Anna an easement over the westerly 15 feet of Whiteacre for convenient ingress and egress to a public street, although Anna's l... | [
"the recording of the deed granting the easement prior to the foreclosure action protects Anna's rights.",
"the easement provides access from Blackacre to a public street.",
"Anna's easement is appurtenant to Blackacre and thus cannot be separated from Blackacre.",
"visible use of the easement by Anna put Ban... | 3D | |
A little more than five years ago, Len completed construction of a single-family home located on Homeacre, a lot that Len owned. Five years ago, Len and Tina entered into a valid five-year written lease of Homeacre that included the following language: "This house is rented as is, without certain necessary or useful it... | [
"none of the items.",
"only the refrigerator.",
"all items except the carpet.",
"all of the items."
] | 3D | |
The mineral alpha is added to bodies of fresh water to prevent the spread of certain freshwater parasites. The presence of those parasites threatens the health of the organisms living in rivers and streams throughout the country and imperils the freshwater commercial fishing industry. Alpha is currently mined only in t... | [
"No, because only producers in Blue will pay the tax and, therefore, it is not uniform among the states and denies alpha producers the equal protection of the laws. ",
"No, because it is likely to have an adverse effect on the freshwater commercial fishing industry and Congress has a responsibility under the clau... | 3D | |
Plaintiff sued Defendant for breach of a commercial contract in which Defendant had agreed to sell Plaintiff all of Plaintiff's requirements for widgets. Plaintiff called Expert Witness to testify as to damages. Defendant seeks to show that Expert Witness had provided false testimony as a witness in his own divorce pro... | [
"admitted only if elicited from Expert Witness on cross-examination.",
"admitted only if the false testimony is established by clear and convincing extrinsic evidence.",
"excluded, because it is impeachment on a collateral issue. ",
"excluded, because it is improper character evidence. "
] | 0A | |
Karen was crossing Main Street at a crosswalk. John, who was on the sidewalk nearby, saw a speeding automobile heading in Karen's direction. John ran into the street and pushed Karen out of the path of the car. Karen fell to the ground and broke her leg. In an action for battery brought by Karen against John, will Kare... | [
"Yes, because John could have shouted a warning instead of pushing Karen out of the way. ",
"Yes, if Karen was not actually in danger and John should have realized it. ",
"No, because the driver of the car was responsible for Karen's injury. ",
"No, if John's intent was to save Karen, not to harm her."
] | 1B | |
Joe and Marty were coworkers. Joe admired Marty's wristwatch and frequently said how much he wished he had one like it. Marty decided to give Joe the watch for his birthday the following week. On the weekend before Joe's birthday, Joe and Marty attended a company picnic. Marty took his watch off and left it on a blanke... | [
"larceny.",
"attempted larceny.",
"embezzlement.",
"no crime."
] | 0A | |
Olivia, owner in fee simple of Richacre, a large parcel of vacant land, executed a deed purporting to convey Richacre to her nephew, Grant. She told Grant, who was then 19, about the deed and said that she would give it to him when he reached 21 and had received his undergraduate college degree. Shortly afterward Grant... | [
"Olivia, because Grant's deed to Bonnie before Grant satisfied Olivia's conditions was void, as Bonnie had paid only nominal consideration. ",
"Olivia, because her deed to Grant was not delivered. ",
"Bonnie, because Grant has satisfied Olivia's oral conditions. ",
"Bonnie, because the deed to her was recorde... | 1B | |
Perry suffered a serious injury while participating in an impromptu basketball game at a public park. The injury occurred when Perry and Dever, on opposing teams, each tried to obtain possession of the ball when it rebounded from the backboard after a missed shot at the basket. During that encounter, Perry was struck a... | [
"Yes, if Dever intended to strike Perry with his elbow. ",
"Yes, if Dever intended to cause a harmful or offensive contact with Perry. ",
"No, because Perry impliedly consented to rough play. ",
"No, unless Dever intentionally used force that exceeded the players' consent. "
] | 3D | |
Water District is an independent municipal water-supply district incorporated under the applicable laws of the state of Green. The district was created solely to supply water to an entirely new community in a recently developed area of Green. That new community is racially, ethnically, and socioeconomically diverse, an... | [
"unconstitutional, because they would deny other potential employees or potential contractors the equal protection of the laws. ",
"unconstitutional, because they would impermissibly impair the right to contract of other potential employees or potential contractors. ",
"constitutional, because they would assure... | 0A | |
In a single writing, Painter contracted with Farmer to paint three identical barns on her rural estate for $2,000 each. The contract provided for Farmer's payment of $6,000 upon Painter's completion of the work on all three barns. Painter did not ask for any payment when the first barn was completely painted, but she d... | [
"No, because Farmer has no duty under the contract to pay anything to Painter until all three barns have been painted. ",
"No, because Painter waived her right, if any, to payment on a per-barn basis by failing to demand $2,000 upon completion of the first barn. ",
"Yes, because the contract is divisible. ",
... | 0A | |
In a single writing, Painter contracted with Farmer to paint three identical barns on her rural estate for $2,000 each. The contract provided for Farmer's payment of $6,000 upon Painter's completion of the work on all three barns. Painter did not ask for any payment when the first barn was completely painted, but she d... | [
"Nothing, because payment was expressly conditioned on completion of all three barns. ",
"Painter's expenditures plus anticipated \"profit\" in painting the first two barns, up to a maximum recovery of $4,000. ",
"The reasonable value of Painter's services in painting the two barns, less Farmer's damages, if an... | 2C | |
The police in City notified local gas station attendants that a woman, known as Robber, recently had committed armed robberies at five City gas stations. The police said that Robber was approximately 75 years old, had white hair, and drove a vintage, cream-colored Ford Thunderbird. Attendants were advised to call polic... | [
"not prevail, if Owner reasonably believed that Traveler was Robber. ",
"not prevail, because Traveler suffered no physical or mental harm. ",
"prevail, if Traveler reasonably believed she could not leave Owner's premises. ",
"prevail, because Owner lied to Traveler about the condition of her car. "
] | 0A | |
In which of the following situations would Defendant's mistake most likely constitute a defense to the crime charged? | [
"A local ordinance forbids the sale of alcoholic beverages to persons under 18 years of age. Relying on false identification, Defendant sells champagne to a 16-year-old high school student. Defendant is charged with illegal sale of alcoholic beverages. ",
"Mistaking Defendant for a narcotics suspect, an undercove... | 1B | |
Powell, who was an asbestos insulation installer from 1955 to 1965, contracted asbestosis, a serious lung disorder, as a result of inhaling airborne asbestos particles on the job. The asbestos was manufactured and sold to Powell's employer by the Acme Asbestos Company. Because neither Acme nor anyone else discovered th... | [
"a satisfactory, safer, alternative insulation material exists under today's technology. ",
"the defendant should be held to the standard of a prudent manufacturer who knew of the risks, regardless of whether the risks were reasonably discoverable before 1966. ",
"the defendant should reasonably have known of t... | 1B | |
PullCo sued Davidson, its former vice president, for return of $230,000 that had been embezzled during the previous two years. Called by PullCo as an adverse witness, Davidson testified that his annual salary had been $75,000, and he denied the embezzlement. PullCo calls banker Witt to show that, during the two-year pe... | [
"admissible as circumstantial evidence of Davidson's guilt.",
"admissible to impeach Davidson.",
"inadmissible, because its prejudicial effect substantially outweighs its probative value. ",
"inadmissible, because the deposits could have come from legitimate sources."
] | 0A | |
Alex and Betty, who were cousins, acquired title in fee simple to Blackacre, as equal tenants in common, by inheritance from Angela, their aunt. During the last 15 years of her lifetime, Angela allowed Alex to occupy an apartment in the house on Blackacre, to rent the other apartment in the house to various tenants, an... | [
"deny partition and find that title has vested in Alex by adverse possession.",
"deny partition, confirm the tenancy in common, but require an accounting to determine if either Betty or Alex is indebted to the other on account of the rental payment, taxes, insurance premiums, and maintenance costs. ",
"grant pa... | 2C | |
Plaintiff sued Defendant for illegal discrimination, claiming that Defendant fired him because of his race. At trial, Plaintiff called Witness, expecting him to testify that Defendant had admitted the racial motivation. Instead, Witness testified that Defendant said that he had fired Plaintiff because of his frequent a... | [
"admissible as evidence of Defendant's racial motivation and to impeach Witness's testimony.",
"admissible only to impeach Witness's testimony.",
"inadmissible, because it is hearsay not within any exception. ",
"inadmissible, because a secret recording is an invasion of Witness's right of privacy under the U... | 1B | |
On December 15, Lawyer received from Stationer, Inc., a retailer of office supplies, an offer consisting of its catalog and a signed letter stating, "We will supply you with as many of the items in the enclosed catalog as you order during the next calendar year. We assure you that this offer and the prices in the catal... | [
"Yes, because Stationer had not revoked its offer before April 15. ",
"Yes, because a one-year option contract had been created by Stationer's offer. ",
"No, because under applicable law the irrevocability of Stationer's offer was limited to a period of three months. ",
"No, because Lawyer did not accept Stat... | 0A | |
On December 15, Lawyer received from Stationer, Inc., a retailer of office supplies, an offer consisting of its catalog and a signed letter stating, "We will supply you with as many of the items in the enclosed catalog as you order during the next calendar year. We assure you that this offer and the prices in the catal... | [
"No, because Stationer's original offer, including the price term, became irrevocable under the doctrine of promissory estoppel. ",
"No, because Stationer is a merchant with respect to office supplies; and its original offer, including the price term, was irrevocable throughout the month of February. ",
"Yes, b... | 1B | |
State X enacted a statute "to regulate administratively the conduct of motor vehicle junkyard businesses in order to deter motor vehicle theft and trafficking in stolen motor vehicles or parts thereof." The statute requires a junkyard owner or operator "to permit representatives of the Department of Motor Vehicles or o... | [
"sustained, because the statute grants unbridled discretion to law enforcement officers to make warrantless searches. ",
"sustained, because the stated regulatory purpose of the statute is a pretext to circumvent the warrant requirement in conducting criminal investigations. ",
"denied, because the statute deal... | 2C | |
Current national statistics show a dramatic increase in the number of elementary and secondary school students bringing controlled substances (drugs) to school for personal use or distribution to others. In response, Congress enacted a statute requiring each state legislature to enact a state law that makes it a state ... | [
"unconstitutional, because Congress has no authority to require a state legislature to enact any specified legislation. ",
"unconstitutional, because the possession, use, or distribution, in close proximity to a school, of a controlled substance that has previously been transported in interstate commerce does not... | 0A | |
Janet had a season ticket for the Scorpions' hockey games at Central Arena (Section B, Row 12, Seat 16). During the intermission between the first and second periods of a game between the Scorpions and the visiting Hornets, Janet solicited signatures for a petition urging that the coach of the Scorpions be fired. Centr... | [
"ABC, because it has a right and obligation to control activities on realty it owns and has invited the public to visit. ",
"ABC, because Janet's ticket to hockey games created only a license. ",
"Janet, because, having paid value for the ticket, her right to be present cannot be revoked. ",
"Janet, because s... | 1B | |
Company designed and built a processing plant for the manufacture of an explosive chemical. Engineer was retained by Company to design a filter system for the processing plant. She prepared an application for a permit to build the plant's filter system and submitted it to the state's Department of Environmental Protect... | [
"Yes, if Engineer signed, sealed, and submitted a blueprint that showed the design defect. ",
"Yes, because all of the plant's designers are jointly and severally liable for the defect. ",
"No, because Engineer owed no duty to Plaintiff to prevent the particular risk of harm. ",
"No, if Engineer was an indepe... | 2C | |
Several years ago, Bart purchased Goldacre, financing a large part of the purchase price by a loan from Mort that was secured by a mortgage. Bart made the installment payments on the mortgage regularly until last year. Then Bart persuaded Pam to buy Goldacre, subject to the mortgage to Mort. They expressly agreed that ... | [
"Pam, because she did not assume and agree to pay Bart's mortgage debt. ",
"Pam, because she is not in privity of estate with Mort. ",
"Mort, because Bart's deed to Pam violated the due-on-sale clause. ",
"Mort, because Pam is in privity of estate with Mort. "
] | 0A |
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