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Passenger is suing Defendant for injuries suffered in the crash of a small airplane, alleging that Defendant had owned the plane and negligently failed to have it properly maintained. Defendant has asserted in defense that he never owned the plane or had any responsibility to maintain it. At trial, Passenger calls Witn... | [
"inadmissible, because the policy itself is required under the original document rule. ",
"inadmissible, because of the rule against proof of insurance where insurance is not itself at issue. ",
"admissible to show that Defendant had little motivation to invest money in maintenance of the airplane.",
"admissi... | 3D | |
Opal owned several vacant lots in ABC Subdivision. She obtained a $50,000 loan from a lender, Bank, and executed and delivered to Bank a promissory note and mortgage describing Lots 1, 2, 3, 4, and 5. The mortgage was promptly and properly recorded. Upon payment of $10,000, Opal obtained a release of Lot 2 duly execute... | [
"Eva, because Bank was negligent in failing to check the recordation of the release. ",
"Eva, because she was entitled to rely on the recorded release. ",
"Bank, because Eva could have discovered the alteration by reasonable inquiry. ",
"Bank, because the alteration of the release was ineffective. "
] | 3D | |
Jones, a marijuana farmer, had been missing for several months. The sheriff's department received an anonymous tip that Miller, a rival marijuana farmer, had buried Jones in a hillside about 200 yards from Miller's farmhouse. Sheriff's deputies went to Miller's farm. They cut the barbed wire that surrounded the hillsid... | [
"grant the motion, because Miller did not voluntarily waive his right to silence. ",
"grant the motion, because the statement was the product of the warrantless entry and search of Miller's farm. ",
"deny the motion, because the deputy was in hot pursuit when he questioned Miller. ",
"deny the motion, because... | 0A | |
Jones, a marijuana farmer, had been missing for several months. The sheriff's department received an anonymous tip that Miller, a rival marijuana farmer, had buried Jones in a hillside about 200 yards from Miller's farmhouse. Sheriff's deputies went to Miller's farm. They cut the barbed wire that surrounded the hillsid... | [
"grant the motion, because the deputies had not obtained a warrant. ",
"grant the motion, because the deputies' conduct in its entirety violated Miller's right to due process of law. ",
"deny the motion, because Miller had no expectation of privacy in the fields around his farmhouse. ",
"deny the motion, beca... | 2C | |
Passenger departed on an ocean liner knowing that it would be a rough voyage due to predicted storms. The ocean liner was not equipped with the type of lifeboats required by the applicable statute. Passenger was swept overboard and drowned in a storm so heavy that even a lifeboat that conformed to the statute could not... | [
"Yes, because the ocean liner was not equipped with the statutorily required lifeboats. ",
"Yes, because in these circumstances common carriers are strictly liable. ",
"No, because the storm was so severe that it would have been impossible to launch a statutorily required lifeboat. ",
"No, because Passenger a... | 2C | |
The King City zoning ordinance contains provisions restricting places of "adult entertainment" to two specified city blocks within the commercial center of the city. These provisions of the ordinance define "adult entertainment" as "live or filmed nudity or sexual activity, real or simulated, of an indecent nature." Sa... | [
"constitutional, because they do not prohibit adult entertainment everywhere in King City, and the city has a substantial interest in keeping the major part of its commercial center free of uses it considers harmful to that area. ",
"constitutional, because adult entertainment of the kind described in these provi... | 0A | |
On June 1, Seller and Buyer contracted in writing for the sale and purchase of Seller's cattle ranch (a large single tract), and to close the transaction on December 1. Assume the following facts. On October 1, Buyer told Seller, "I'm increasingly unhappy about our June 1 contract because of the current cattle market, ... | [
"win, because Buyer committed a total breach by anticipatory repudiation on October 1. ",
"win, because Buyer's October 1 statement created reasonable grounds for Seller's insecurity with respect to Buyer's performance. ",
"lose, because the parties contracted for the sale and conveyance of a single tract, and ... | 3D | |
On June 1, Seller and Buyer contracted in writing for the sale and purchase of Seller's cattle ranch (a large single tract), and to close the transaction on December 1. Assume the following facts. Buyer unequivocally repudiated the contract on August 1. On August 15, Seller urged Buyer to change her mind and proceed wi... | [
"win, because Seller failed seasonably to notify Buyer of any pending sale to Rancher. ",
"win, because Seller waived Buyer's August 1 repudiation by urging her to retract it on August 15. ",
"lose, because Buyer did not retract her repudiation before Seller materially changed his position in reliance thereon b... | 2C | |
Owner owned a hotel, subject to a mortgage securing a debt Owner owed to Lender One. Owner later acquired a nearby parking garage, financing a part of the purchase price by a loan from Lender Two, secured by a mortgage on the parking garage. Two years thereafter, Owner defaulted on the loan owed to Lender One, which ca... | [
"$100,000 to Lender One and $100,000 to Owner. ",
"$100,000 to Lender Two and $100,000 to Owner. ",
"$100,000 to Lender One and $100,000 to Lender Two. ",
"$200,000 to Owner."
] | 0A | |
Kontractor agreed to build a power plant for a public utility. Subbo agreed with Kontractor to lay the foundation for $200,000. Subbo supplied goods and services worth $150,000, for which Kontractor made progress payments aggregating $100,000 as required by the subcontract. Subbo then breached by refusing unjustifiably... | [
"Subbo recovers $50,000, the benefit conferred on Kontractor for which Subbo has not been paid. ",
"Subbo recovers $30,000, the benefit Subbo conferred on Kontractor minus the $20,000 in damages incurred by Kontractor. ",
"Kontractor recovers $20,000, the excess over the contract price that was paid by Kontract... | 2C | |
The Rapido is a sports car manufactured by the Rapido Motor Co. The Rapido has an excellent reputation for mechanical reliability with one exception, that the motor may stall if the engine has not had an extended warm-up. Driver had just begun to drive her Rapido in city traffic without a warm-up when the engine sudden... | [
"denied, because the jury could find that an unreasonably dangerous defect in the engine was a proximate cause of the collision. ",
"denied, if the jury could find that the Rapido was not crashworthy. ",
"granted, because Troody's failure to stop within an assured clear distance was a superseding cause of the c... | 0A | |
Pedestrian died from injuries caused when Driver's car struck him. Executor, Pedestrian's executor, sued Driver for wrongful death. At trial, Executor calls Nurse to testify that two days after the accident, Pedestrian said to Nurse, "The car that hit me ran the red light." Fifteen minutes thereafter, Pedestrian died. ... | [
"No, because it is hearsay not within any exception. ",
"No, because it is irrelevant since dying declarations cannot be used except in prosecutions for homicide. ",
"Yes, because, though hearsay, it is a statement of then-existing mental condition. ",
"Yes, because the judge may consider hearsay in ruling on... | 3D | |
John is a licensed barber in State A. The State A barber licensing statute provides that the Barber Licensing Board may revoke a barber license if it finds that a licensee has used his or her business premises for an illegal purpose. John was arrested by federal narcotics enforcement agents on a charge of selling cocai... | [
"John's inability to cross-examine his accusers denied him a fair hearing and caused him to be deprived of his barber license without due process of law.",
"the administrative license revocation proceeding was invalid, because it denied full faith and credit to the dismissal of the criminal charges by the United ... | 0A | |
Driver was driving his car near Owner's house when Owner's child darted into the street in front of Driver's car. As Driver swerved and braked his car to avoid hitting the child, the car skidded up into Owner's driveway and stopped just short of Owner, who was standing in the driveway and had witnessed the entire incid... | [
"Yes, because Driver's entry onto Owner's land was unauthorized. ",
"Yes, because Owner suffered serious emotional distress by witnessing the danger to his child and to himself. ",
"No, unless Driver was negligent. ",
"No, unless Owner's child was exercising reasonable care. "
] | 2C | |
Vendor owned Greenacre, a tract of land, in fee simple. Vendor entered into a valid written agreement with Purchaser under which Vendor agreed to sell and Purchaser agreed to buy Greenacre by installment purchase. The contract stipulated that Vendor would deliver to Purchaser, upon the payment of the last installment d... | [
"No, because the time for Vendor to deliver marketable title has not arrived. ",
"No, because Purchaser assumed the risk by taking possession. ",
"Yes, because in the absence of a contrary express agreement, an obligation to convey marketable title is implied. ",
"Yes, because the risk of loss assumed by Purc... | 0A | |
The state of Red sent three of its employees to a city located in the state of Blue to consult with a chemical laboratory there about matters of state business. While in the course of their employment, the three employees of Red negligently released into local Blue waterways some of the chemical samples they had receiv... | [
"Yes, because the final judgment of the Blue court is entitled to full faith and credit in the courts of Red. ",
"Yes, because a limitation on damage awards against Red for tortious actions of its agents would violate the equal protection clause of the Fourteenth Amendment. ",
"No, because the Tenth Amendment p... | 0A | |
Martha's high school teacher told her that she was going to receive a failing grade in history, which would prevent her from graduating. Furious, she reported to the principal that the teacher had fondled her, and the teacher was fired. A year later, still unable to get work because of the scandal, the teacher committe... | [
"committed no act that proximately caused the teacher's death.",
"did not intend to cause the teacher's death.",
"did not act with malice.",
"acted under extreme emotional distress."
] | 0A | |
Plaintiff sued Defendant for personal injuries arising out of an automobile accident. Which of the following would be ERROR? | [
"The judge allows Defendant's attorney to ask Defendant questions on crossexamination that go well beyond the scope of direct examination by Plaintiff, who has been called as an adverse witness. ",
"The judge refuses to allow Defendant's attorney to cross-examine Defendant by leading questions.",
"The judge all... | 3D | |
Phil is suing Dennis for injuries suffered in an automobile collision. At trial Phil's first witness, Wanda, testified that, although she did not see the accident, she heard her friend Frank say just before the crash, "Look at the crazy way old Dennis is driving!" Dennis offers evidence to impeach Frank by asking Wanda... | [
"proper, because it tends to show the possible bias of Frank against Dennis. ",
"proper, because it tends to show Frank's character. ",
"improper, because Frank has no opportunity to explain or deny. ",
"improper, because impeachment cannot properly be by specific instances. "
] | 0A | |
Thirty years ago Able, the then-record owner of Greenacre, a lot contiguous to Blueacre, in fee simple, executed and delivered to Baker an instrument in writing which was denominated "Deed of Conveyance." In pertinent part it read, "Able does grant to Baker and her heirs and assigns a right-of-way for egress and ingres... | [
"fail, because the location had been established by the acts of Baker and Able. ",
"fail, because the location of the easement had been fixed by prescription. ",
"prevail, because the reasonableness of Charlie's proposal was established by Dorcas's refusal to suggest any alternative location. ",
"prevail, bec... | 0A | |
Computers, Inc., contracted in writing with Bank to sell and deliver to Bank a mainframe computer using a new type of magnetic memory, then under development but not perfected by Computers, at a price substantially lower than that of a similar computer using current technology. The contract's delivery term was "F.O.B. ... | [
"The delay did not materially harm Bank.",
"Computers believed, on the assumption that Bank was getting a \"super deal\" for its money, that Bank would not reject because of the late tender of delivery. ",
"Computers' delay in tender was caused by a truckers' strike.",
"A usage in the relevant trade allows co... | 3D | |
Computers, Inc., contracted in writing with Bank to sell and deliver to Bank a mainframe computer using a new type of magnetic memory, then under development but not perfected by Computers, at a price substantially lower than that of a similar computer using current technology. The contract's delivery term was "F.O.B. ... | [
"Computers, because its performance of the contract was objectively impossible. ",
"Computers, because a contract to build a machine using technology under development imposes only a duty on the builder to use its best efforts to achieve the result contracted for. ",
"Bank, because the law of impossibility does... | 3D | |
Defendant was charged with attempted murder of Victor in a sniping incident in which Defendant allegedly shot at Victor from ambush as Victor drove his car along an expressway. The prosecutor offers evidence that seven years earlier Defendant had fired a shotgun into a woman's home and that Defendant had once pointed a... | [
"excluded, because such evidence can be elicited only during cross-examination. ",
"excluded, because it is improper character evidence. ",
"admitted as evidence of Defendant's propensity toward violence.",
"admitted as relevant evidence of Defendant's identity, plan, or motive."
] | 1B | |
Art, who owned Blackacre in fee simple, conveyed Blackacre to Bea by warranty deed. Celia, an adjoining owner, asserted title to Blackacre and brought an appropriate action against Bea to quiet title to Blackacre. Bea demanded that Art defend Bea's title under the deed's covenant of warranty, but Art refused. Bea then ... | [
"Bea, because in effect it was Art's title that was challenged. ",
"Bea, because Art's deed to her included the covenant of warranty. ",
"Art, because the title Art conveyed was not defective. ",
"Art, because Celia may elect which of Art or Bea to sue. "
] | 2C | |
Alex contracted for expensive cable television service for a period of six months solely to view the televised trial of Clark, who was on trial for murder in a court of the state of Green. In the midst of the trial, the judge prohibited any further televising of Clark's trial because he concluded that the presence of t... | [
"defer action on the motion until after any appellate proceedings in Clark's case have concluded, because Clark might appeal, his conviction might be set aside, he might be tried again, and television cameras might be barred from the new trial. ",
"defer action on the motion until after the Green Supreme Court ex... | 2C | |
Traveler was a passenger on a commercial aircraft owned and operated by Airline. The aircraft crashed into a mountain, killing everyone on board. The flying weather was good. Traveler's legal representative brought a wrongful death action against Airline. At trial, the legal representative offered no expert or other te... | [
"grant the motion, because the legal representative has offered no evidence as to the cause of the crash. ",
"grant the motion, because the legal representative has failed to offer evidence negating the possibility that the crash may have been caused by mechanical failure that Airline could not have prevented. ",... | 2C | |
Company wanted to expand the size of the building it owned that housed Company's supermarket by adding space for a coffeehouse. Company's building was located in the center of five acres of land owned by Company and devoted wholly to parking for its supermarket customers. City officials refused to grant a required buil... | [
"constitutional, because the burden was on Company to demonstrate that there was no rational relationship between this requirement and a legitimate governmental interest, and Company could not do so because the requirement is reasonably related to improving the lives of families and children residing in City. ",
... | 3D | |
Ollie owned a large tract of land known as Peterhill. During Ollie's lifetime, Ollie conveyed the easterly half (East Peterhill), situated in the municipality of Hawthorn, to Abel, and the westerly half (West Peterhill), situated in the municipality of Sycamore, to Betty. Each of the conveyances, which were promptly an... | [
"invalid, because of the change of circumstance in the neighborhood. ",
"invalid, because it conflicts with the applicable zoning code. ",
"valid, but only so long as the original grantees from Ollie own their respective tracts of Peterhill. ",
"valid, because the provision imposed an equitable servitude. "
] | 3D | |
At Defendant's murder trial, Defendant calls Witness as his first witness to testify that Defendant has a reputation in their community as a peaceable and truthful person. The prosecutor objects on the ground that Witness's testimony would constitute improper character evidence. The court should | [
"admit the testimony as to peaceableness, but exclude the testimony as to truthfulness. ",
"admit the testimony as to truthfulness, but exclude the testimony as to peaceableness. ",
"admit the testimony as to both character traits.",
"exclude the testimony as to both character traits."
] | 0A | |
The governor of the state of Green proposes to place a Christmas nativity scene, the components of which would be permanently donated to the state by private citizens, in the Green Capitol Building rotunda where the Green Legislature meets annually. The governor further proposes to display this stateowned nativity scen... | [
"unconstitutional, because the components of the nativity scene would be owned by the state rather than by private persons. ",
"unconstitutional, because the nativity scene would not be displayed in a context that appeared to depict and commemorate the Christmas season as a primarily secular holiday. ",
"consti... | 1B | |
Two police officers in uniform were on foot patrol in a neighborhood frequented by drug sellers. They saw Sandra, who, when she saw them, turned around and started to walk quickly away. The police ran after her and shouted, "Stop and don't take another step, lady!" Sandra turned, looked at the police, and stopped. She ... | [
"granted, because the police did not know the item was cocaine until after they had seized it. ",
"granted, because the police acquired the cocaine as the result of an unlawful seizure. ",
"denied, because the police had probable cause to seize the package. ",
"denied, because Sandra voluntarily discarded the... | 1B | |
In a federal civil trial, Plaintiff wishes to establish that, in a state court, Defendant had been convicted of fraud, a fact that Defendant denies. Which mode of proof of the conviction is LEAST likely to be permitted? | [
"A certified copy of the judgment of conviction, offered as a selfauthenticating document. ",
"Testimony of Plaintiff, who was present at the time of the sentence. ",
"Testimony by a witness to whom Defendant made an oral admission that he had been convicted.",
"Judicial notice of the conviction, based on the... | 3D | |
Three years ago Adam conveyed Blackacre to Betty for $50,000 by a deed that provided: "By accepting this deed, Betty covenants for herself, her heirs and assigns, that the premises herein conveyed shall be used solely for residential purposes and, if the premises are used for nonresidential purposes, Adam, his heirs an... | [
"the provision quoted from the deed violates the Rule Against Perpetuities.",
"the Bank had no actual knowledge of, and did not consent to, the violation of the covenant. ",
"the rights reserved by Adam were subordinated, by necessary implication, to the rights of the bank as the lender of the purchase money. "... | 0A | |
Loyal, aged 60, who had no plans for early retirement, had worked for Mutate, Inc., for 20 years as a managerial employee-at-will when he had a conversation with the company's president, George Mutant, about Loyal's post- retirement goal of extensive travel around the United States. A month later, Mutant handed Loyal a... | [
"win, because he retired from the company as bargained-for consideration for the Board's promise to him of a lifetime pension. ",
"win, because he timed his decision to retire and to buy the recreational vehicle in reasonable reliance on the Board's promise to him of a lifetime pension. ",
"lose, because the Bo... | 1B | |
Congress wishes to enact legislation prohibiting discrimination in the sale or rental of housing on the basis of the affectional preference or sexual orientation of the potential purchaser or renter. Congress wishes this statute to apply to all public and private vendors and lessors of residential property in this coun... | [
"general welfare clause of Article I, Section 8, because the conduct the statute prohibits could reasonably be deemed to be harmful to the national interest. ",
"commerce clause of Article I, Section 8, because, in inseverable aggregates, the sale or rental of almost all housing in this country could reasonably b... | 1B | |
Because of Farmer's default on his loan, the bank foreclosed on the farm and equipment that secured the loan. Among the items sold at the resulting auction was a new tractor recently delivered to Farmer by the retailer. Shortly after purchasing the tractor at the auction, Pratt was negligently operating the tractor on ... | [
"plaintiff, because the defendant sold a defective product that injured the plaintiff. ",
"plaintiff, if the defendant failed to inspect the tractor for defects prior to sale. ",
"defendant, because he should not be considered a \"seller\" for purposes of strict liability in tort. ",
"defendant, because the a... | 2C | |
In exchange for a valid and sufficient consideration, Goodbar orally promised Walker, who had no car and wanted a minivan, "to pay to anyone from whom you buy a minivan within the next six months the full purchase-price thereof." Two months later, Walker bought a used minivan on credit from Minivanity Fair, Inc., for $... | [
"Yes, under the doctrine of promissory estoppel. ",
"Yes, because Minivanity Fair is an intended beneficiary of the GoodbarWalker contract. ",
"No, because Goodbar's promise to Walker is unenforceable under the suretyship clause of the statute of frauds. ",
"No, because Minivanity Fair was neither identified ... | 1B | |
Plaintiff sued Defendant for injuries sustained in an automobile collision. During Plaintiff's hospital stay, Doctor, a staff physician, examined Plaintiff's X rays and said to Plaintiff, "You have a fracture of two vertebrae, C4 and C5." Intern, who was accompanying Doctor on her rounds, immediately wrote the diagnosi... | [
"inadmissible, because no foundation has been laid for Doctor's competence as an expert. ",
"inadmissible, because Doctor's opinion is based upon data that are not in evidence. ",
"admissible as a statement of then existing physical condition.",
"admissible as a record of regularly conducted business activity... | 3D | |
A city owns and operates a large public auditorium. It leases the auditorium to any group that wishes to use it for a meeting, lecture, concert, or contest. Each user must post a damage deposit and pay rent, which is calculated only for the actual time the building is used by the lessee. Reservations are made on a firs... | [
"Yes, because the Fourteenth Amendment prohibits such an organization from discriminating against women in any of its activities to which it has invited members of the general public. ",
"Yes, because the organization's use of the city auditorium for this purpose subjects its conduct to the provisions of the Four... | 3D | |
Adam owns Townacres in fee simple, and Bess owns the adjoining Greenacres in fee simple. Adam has kept the lawns and trees on Townacres trimmed and neat. Bess "lets nature take its course" at Greenacres. The result on Greenacres is a tangle of underbrush, fallen trees, and standing trees that are in danger of losing li... | [
"has an adverse impact on real estate values.",
"poses a danger to the occupants of Townacres.",
"violates community aesthetic standards.",
"cannot otherwise be challenged under any law or ordinance."
] | 1B | |
Breeder bought a two-month-old registered boar at auction from Pigstyle for $800. No express warranty was made. Fifteen months later, tests by experts proved conclusively that the boar had been born incurably sterile. If this had been known at the time of the sale, the boar would have been worth no more than $100. In a... | [
"Breeder wins, because the parties were mutually mistaken as to the boar's fertility when they made the agreement. ",
"Breeder wins, because Pigstyle impliedly warranted that the boar was fit for breeding. ",
"Pigstyle wins, because Breeder assumed the risk of the boar's sterility. ",
"Pigstyle wins, because ... | 2C | |
Homeowner owns a house on a lake. Neighbor owns a house across a driveway from Homeowner's property. Neighbor's house sits on a hill and Neighbor can see the lake from his living room window. Homeowner and Neighbor got into an argument and Homeowner erected a large spotlight on his property that automatically comes on ... | [
"Yes, because Homeowner installed the light solely to annoy Neighbor. ",
"Yes, if, and only if, Neighbor's property value is adversely affected. ",
"No, because Neighbor's view of the lake is not always obstructed. ",
"No, if the spotlight provides added security to Homeowner's property. "
] | 0A | |
On May 1, 1987, a car driven by Debra struck Peggy, a pedestrian. On July 1, 1987, with regard to this incident, Debra pleaded guilty to reckless driving (a misdemeanor) and was sentenced to 30 days in jail and a fine of $1,000. She served the sentence and paid the fine. On April 1, 1988, Peggy died as a result of the ... | [
"granted only on double jeopardy grounds.",
"granted only on statute of limitations grounds.",
"granted on either double jeopardy grounds or statute of limitations grounds.",
"denied on both grounds."
] | 3D | |
Defendant is on trial for participating in a drug sale. The prosecution calls Witness, an undercover officer, to testify that, when Seller sold the drugs to Witness, Seller introduced Defendant to Witness as "my partner in this" and Defendant shook hands with Witness but said nothing. Witness's testimony is | [
"inadmissible, because there is no evidence that Seller was authorized to speak for Defendant. ",
"inadmissible, because the statement of Seller is hearsay not within any exception. ",
"admissible as a statement against Defendant's penal interest.",
"admissible as Defendant's adoption of Seller's statement."
... | 3D | |
State Y has a state employee grievance system that requires any state employee who wishes to file a grievance against the state to submit that grievance for final resolution to a panel of three arbitrators chosen by the parties from a statewide board of 13 arbitrators. In any given case, the grievant and the state alte... | [
"unconstitutional, because the gender classification used by the state's attorney in this case does not satisfy the requirements of intermediate scrutiny. ",
"unconstitutional, because the gender classification used by the state's attorney in this case denies the grievant the right to a jury made up of her peers.... | 0A | |
Theresa owned Blueacre, a tract of land, in fee simple. Theresa wrote and executed, with the required formalities, a will that devised Blueacre to "my daughter, Della, for life with remainder to my descendants per stirpes." At the time of writing the will, Theresa had a husband and no descendants living other than her ... | [
"related all vesting to the time of writing of the will.",
"related all vesting to the death of Theresa.",
"implied a condition that remaindermen survive Della.",
"implied a gift of a life estate to Seth."
] | 2C | |
Driver negligently drove his car into Pedestrian, breaking her leg. Pedestrian's leg was put in a cast, and she used crutches to get about. While shopping at Market, her local supermarket, Pedestrian nonnegligently placed one of her crutches on a banana peel that had been negligently left on the floor by the manager of... | [
"Driver, for her broken leg only. ",
"Driver, for both of her injuries. ",
"Market, for both of her injuries. ",
"Driver, for her broken leg only, and Market, for her broken arm only. "
] | 1B | |
FBI agents, without a warrant and without permission of Mexican law enforcement or judicial officers, entered Mexico, kidnapped Steven, an American citizen wanted in the United States for drug smuggling violations, and forcibly drove him back to Texas. Thereafter, the agents, again without a warrant, broke into the Tex... | [
"grant the motions of both Steven and Joan.",
"grant the motion of Steven and deny the motion of Joan.",
"grant the motion of Joan and deny the motion of Steven.",
"deny the motions of both Steven and Joan."
] | 3D | |
Gourmet purchased the front portion of the land needed for a restaurant he desired to build and operate, but the back portion was the subject of a will dispute between Hope and Faith (two sisters). Hope's attorney advised her that her claim was doubtful. Gourmet, knowing only that the unresolved dispute existed, agreed... | [
"lose, because she was aware at the time of the agreement with Gourmet that her claim to the property quitclaimed was doubtful. ",
"lose, because Hope suffered no legal detriment in executing the quitclaim deed. ",
"win, because Gourmet bargained for and received in exchange a quitclaim deed from Hope. ",
"wi... | 2C | |
Athlete, a professional football player, signed a written consent for his team's physician, Doctor, to perform a knee operation. After Athlete was under a general anesthetic, Doctor asked Surgeon, a world famous orthopedic surgeon, to perform the operation. Surgeon's skills were superior to Doctor's, and the operation ... | [
"prevail, because Athlete did not agree to allow Surgeon to perform the operation. ",
"prevail, because the consent form was in writing. ",
"not prevail, because Surgeon's skills were superior to Doctor's. ",
"not prevail, because the operation was successful. "
] | 0A | |
Senator makes a speech on the floor of the United States Senate in which she asserts that William, a federal civil servant with minor responsibilities, was twice convicted of fraud by the courts of State X. In making this assertion, Senator relied wholly on research done by Frank, her chief legislative assistant. In fa... | [
"grant it as to Frank, because he is protected by the freedom of speech guarantee against defamation actions by government officials based on his mere carelessness; but deny it as to Senator, because, as an officer of the United States, she is a constituent part of the government and, therefore, has no freedom of s... | 1B | |
Six years ago, Oscar, owner of Blackacre in fee simple, executed and delivered to Albert an instrument in the proper form of a warranty deed, purporting to convey Blackacre to "Albert and his heirs." At that time, Albert was a widower who had one child, Donna. Three years ago, Albert executed and delivered to Bea an in... | [
"Donna, because Albert's death ended Bea's life estate pur autre vie. ",
"Bea in fee simple pursuant to Albert's deed.",
"Donna and Bea as tenants in common of equal shares.",
"Donna and Bea as joint tenants, because both survived Albert. "
] | 1B | |
Smart approached Johnson and inquired about hiring someone to kill his girlfriend's parents. Unknown to Smart, Johnson was an undercover police officer who pretended to agree to handle the job and secretly taped subsequent conversations with Smart concerning plans and payment. A few days before the payment was due, Sma... | [
"acquitted, because he withdrew before payment and commission of the act. ",
"acquitted, because no substantial acts were performed. ",
"convicted, because the offense was completed before his attempt to withdraw. ",
"convicted, because Johnson agreed to commit the offense."
] | 2C | |
Retailer, a dry goods retailer, telephoned Manufacturer, a towel manufacturer, and offered to buy for $5 each a minimum of 500 and a maximum of 1,000 large bath towels, to be delivered in 30 days. Manufacturer orally accepted this offer and promptly sent the following letter to Retailer, which Retailer received two day... | [
"Manufacturer can enforce a contract for 1,000 towels, because Retailer ordered and Manufacturer tendered that quantity. ",
"Manufacturer can enforce a contract for 500 towels, because Manufacturer's letter of confirmation stated that quantity term. ",
"There is no enforceable agreement, because Retailer never ... | 1B | |
Doctor, a resident of the city of Greenville in the state of Green, is a physician licensed to practice in both Green and the neighboring state of Red. Doctor finds that the most convenient place to treat her patients who need hospital care is in the publicly owned and operated Redville Municipal Hospital of the city o... | [
"The bill of attainder clause.",
"The privileges and immunities clause of Article IV.",
"The due process clause of the Fourteenth Amendment.",
"The ex post facto clause."
] | 1B | |
Martin, the owner in fee simple of Orchardacres, mortgaged Orchardacres to Marie to secure the payment of the loan she made to him. The loan was due at the end of the growing season of the year in which it was made. Martin maintained and operated an orchard on the land, which was his sole source of income. Halfway thro... | [
"Paul, if, but only if, the state is a title theory state, because in other jurisdictions a mortgagee has no title interest but only a lien. ",
"Paul, because Marie was a mortgagee in possession. ",
"Marie, because she acted as agent of the owner only to preserve her security interest. ",
"Marie, if, but only... | 1B | |
Actor, a well-known movie star, was drinking Vineyard wine at a nightclub. A bottle of the Vineyard wine, with its label plainly showing, was on the table in front of Actor. An amateur photographer asked Actor if he could take his picture and Actor said, "Yes." Subsequently, the photographer sold the photo to Vineyard.... | [
"No, because Actor consented to being photographed. ",
"No, because Actor is a public figure. ",
"Yes, because Vineyard made commercial use of the photograph. ",
"Yes, unless Actor did, in fact, enjoy his Vineyard wine."
] | 2C | |
At Defendant's trial for sale of drugs, the government called Witness to testify, but Witness refused to answer any questions about Defendant and was held in contempt of court. The government then calls Officer to testify that, when Witness was arrested for possession of drugs and offered leniency if he would identify ... | [
"admissible as a prior inconsistent statement by Witness.",
"admissible as an identification of Defendant by Witness after having perceived him.",
"inadmissible, because it is hearsay not within any exception. ",
"inadmissible, because Witness was not confronted with the statement while on the stand. "
] | 2C | |
Buyer mailed a signed order to Seller that read: "Please ship us 10,000 widgets at your current price." Seller received the order on January 7 and that same day mailed to Buyer a properly stamped, addressed, and signed letter stating that the order was accepted at Seller's current price of $10 per widget. On January 8,... | [
"No, because the order was an offer that could be accepted only by shipping the goods; and the offer was effectively revoked before shipment. ",
"No, because Buyer never effectively agreed to the $10 price term. ",
"Yes, because the order was, for a reasonable time, an irrevocable offer. ",
"Yes, because the ... | 3D | |
As Seller, an encyclopedia salesman, approached the grounds on which Hermit's house was situated, he saw a sign that said, "No salesmen. Trespassers will be prosecuted. Proceed at your own risk." Although Seller had not been invited to enter, he ignored the sign and drove up the driveway toward the house. As he rounded... | [
"Yes, if Hermit was responsible for the explosive charge under the driveway. ",
"Yes, unless Hermit, when he planted the charge, intended only to deter, not to harm, a possible intruder. ",
"No, because Seller ignored the sign, which warned him against proceeding further. ",
"No, if Hermit reasonably feared t... | 0A | |
Adam owned Blackacre. Adam entered into a written three-year lease of Blackacre with Bertha. Among other provisions, the lease prohibited Bertha from "assigning this lease, in whole or in part, and from subletting Blackacre, in whole or in part." In addition to a house, a barn, and a one-car garage, Blackacre's 30 acre... | [
"I only.",
"II only.",
"Both I and II.",
"Neither I nor II."
] | 0A | |
Defendant is charged with murder. The evidence shows that she pointed a gun at Victim and pulled the trigger. The gun discharged, killing Victim. The gun belonged to Victim. Defendant testifies that Victim told her, and she believed, that the "gun" was a stage prop that could fire only blanks, and that she fired the gu... | [
"guilty of murder.",
"guilty of manslaughter.",
"guilty of either murder or manslaughter.",
"not guilty of murder or manslaughter."
] | 3D | |
Del's sporting goods shop was burglarized by an escaped inmate from a nearby prison. The inmate stole a rifle and bullets from a locked cabinet. The burglar alarm at Del's shop did not go off because Del had negligently forgotten to activate the alarm's motion detector. Shortly thereafter, the inmate used the rifle and... | [
"Yes, if Paula's injury would have been prevented had the motion detector been activated. ",
"Yes, because Del was negligent in failing to activate the motion detector. ",
"No, because the storage and sale of firearms and ammunition is not an abnormally dangerous activity. ",
"No, unless there is evidence of ... | 3D | |
A statute of the state of Texona prohibits any retailer of books, magazines, pictures, or posters from "publicly displaying or selling to any person any material that may be harmful to minors because of the violent or sexually explicit nature of its pictorial content." Violation of this statute is a misdemeanor. Corner... | [
"First Amendment as it is incorporated into the Fourteenth Amendment, because the statute is excessively vague and overbroad. ",
"First Amendment as it is incorporated into the Fourteenth Amendment, because a state may not prohibit the sale of violent or sexually explicit material in the absence of proof that the... | 0A | |
In an arson prosecution the government seeks to rebut Defendant's alibi that he was in a jail in another state at the time of the fire. The government calls Witness to testify that he diligently searched through all the records of the jail and found no record of Defendant's having been incarcerated there during the tim... | [
"admissible as evidence of absence of an entry from a public record.",
"admissible as a summary of voluminous documents.",
"inadmissible, because it is hearsay not within any exception. ",
"inadmissible, because the records themselves must be produced."
] | 0A | |
By warranty deed, Marta conveyed Blackacre to Beth and Christine "as joint tenants with right of survivorship." Beth and Christine are not related. Beth conveyed all her interest to Eugenio by warranty deed and subsequently died intestate. Thereafter, Christine conveyed to Darin by warranty deed. There is no applicable... | [
"Darin.",
"Marta.",
"Darin and Eugenio. (C) Darin and Eugenio.",
"Darin and the heirs of Beth."
] | 2C | |
Peavey was walking peacefully along a public street when he encountered Dorwin, whom he had never seen before. Without provocation or warning, Dorwin picked up a rock and struck Peavey with it. It was later established that Dorwin was mentally ill and suffered recurrent hallucinations. If Peavey asserts a claim against... | [
"Dorwin did not understand that his act was wrongful.",
"Dorwin did not desire to cause harm to Peavey.",
"Dorwin did not know that he was striking a person.",
"Dorwin thought Peavey was about to attack him."
] | 2C | |
Penstock owned a large tract of land on the shore of a lake. Drury lived on a stream that ran along one boundary of Penstock's land and into the lake. At some time in the past, a channel had been cut across Penstock's land from the stream to the lake at a point some distance from the mouth of the stream. From where Dru... | [
"Judgment for Penstock for nominal damages, because Drury intentionally used the channel. ",
"Judgment for Drury, if he did not use the channel after learning of Penstock's ownership claim. ",
"Judgment for Drury, because he caused no harm to Penstock's land. ",
"Judgment for Drury, because when he used the c... | 0A | |
Structo contracted with Bailey to construct for $500,000 a warehouse and an access driveway at highway level. Shortly after commencing work on the driveway, which required for the specified level some excavation and removal of surface material, Structo unexpectedly encountered a large mass of solid rock. For this quest... | [
"$500,000, because there was no consideration for Bailey's promise to pay the additional $20,000. ",
"$500,000, because Bailey's promise to pay the additional $20,000 was exacted under duress. ",
"$520,000, because the modification was fair and was made in the light of circumstances not anticipated by the parti... | 2C | |
Structo contracted with Bailey to construct for $500,000 a warehouse and an access driveway at highway level. Shortly after commencing work on the driveway, which required for the specified level some excavation and removal of surface material, Structo unexpectedly encountered a large mass of solid rock. For this quest... | [
"$30,000, because the fair market value of the warehouse and driveway \"as is\" exceeds the contract price by $50,000 (more than the cost of correcting the driveway). ",
"$30,000, because Structo substantially performed and the cost of correcting the driveway would involve economic waste. ",
"$30,000, minus wha... | 3D | |
Larson was charged with the murder of a man who had been strangled and whose body was found in some woods near his home. Larson suffers from a neurological problem that makes it impossible for him to remember an occurrence for longer than 48 hours. occurrence for longer than 48 hours. After Larson was charged, the poli... | [
"admit it, because Larson's consent was not obtained by intentional police misconduct and Larson was not compelled to make the diary entry. ",
"admit it, pursuant to the good-faith exception to the exclusionary rule. ",
"exclude it, because Larson was not competent to consent to a search. ",
"exclude it, beca... | 0A | |
In contract litigation between Pixley and Dill, a fact of consequence to the determination of the action is whether Pixley provided Dill with a required notice at Dill's branch office "in the state capital." Pixley introduced evidence that he gave notice at Dill's office in the city of Capitan. Although Capitan is the ... | [
"The court may take judicial notice even though Pixley does not request it.",
"The court may take judicial notice only if Pixley provides the court with an authenticated copy of the statute that designates Capitan as the capital.",
"If the court takes judicial notice, the burden of persuasion on the issue of wh... | 0A | |
A statute of the state of East Dakota requires each insurance company that offers burglary insurance policies in the state to charge a uniform rate for such insurance to all of its customers residing within the same county in that state. So long as it complies with this that state. So long as it complies with this requ... | [
"hold the statute unconstitutional, because the statute deprives the insurance company of its liberty or property without due process of law. ",
"hold the statute unconstitutional, because the statute imposes an undue burden on interstate commerce. ",
"hold the statute constitutional, because the statute is a r... | 2C | |
Dawson was charged with felony murder because of his involvement in a bank robbery. The evidence at trial disclosed that Smith invited Dawson to go for a ride in his new car, and after a while asked Dawson to drive. As Smith and Dawson drove around town, Smith explained to Dawson that he planned to rob the bank and tha... | [
"felony murder and impose the death penalty.",
"felony murder but not impose the death penalty.",
"bank robbery only.",
"no crime."
] | 1B | |
In an automobile negligence action by Popkin against Dwyer, Juilliard testified for Popkin. Dwyer later called Watts, who testified that Juilliard's reputation for truthfulness was bad. On cross-examination of Watts, Popkin's counsel asks, "Isn't it a fact that when you bought your new car last year, you made a false a... | [
"proper, because it will indicate Watts's standard of judgment as to reputation for truthfulness. ",
"proper, because it bears on Watts's credibility. ",
"improper, because character cannot be proved by specific instances of conduct. ",
"improper, because one cannot impeach an impeaching witness. "
] | 1B | |
David built in his backyard a garage that encroached two feet across the property line onto property owned by his neighbor, Prudence. Thereafter, David sold his property to Drake. Prudence was unaware, prior to David's sale to Drake, of the encroachment of the garage onto her property. When she thereafter learned of th... | [
"No, unless David was aware of the encroachment when the garage was built. ",
"No, because David no longer owns or possesses the garage. ",
"Yes, because David knew where the garage was located, whether or not he knew where the property line was. ",
"Yes, unless Drake was aware of the encroachment when he pur... | 2C | |
Poole sued Darrel for unlawfully using Poole'sidea for an animal robot as a character in Darrel's science fiction movie. Darrel admitted that he had received a model of an animal robot from Poole, but he denied that it had any substantial similarity to the movie character. After the model had been returned to Poole, Po... | [
"must show that he did not destroy the model in bad faith.",
"must give advance notice of his intent to introduce the oral testimony.",
"must introduce a photograph of the model if one exists.",
"need do none of the above, because the \"best evidence rule\" applies only to writings, recordings, and photograph... | 3D | |
Lanny, the owner of Whiteacre in fee simple, leased Whiteacre to Teri for a term of ten years by properly executed written instrument. The lease was promptly and properly recorded. It contained an option for Teri to purchase Whiteacre by tendering $250,000 as purchase price any time "during the term of this lease." One... | [
"In a contract to buy, any form of \"subject to a lease\" clause that fails to mention expressly an existing option means that the seller is agreeing to sell free and clear of any option originally included in the lease. ",
"Marketable title can be conveyed so long as any outstanding option not mentioned in the p... | 3D | |
Daniel and a group of his friends are fanatical basketball fans who regularly meet at each others' homes to watch basketball games on television. Some of the group are fans of team A, and others are fans of team B. When the group has watched televised games between these two teams, fights sometimes have these two teams... | [
"a rescuer injured while attempting to avert a danger cannot recover damages from the endangered person.",
"a police officer is not entitled to a recovery based upon the negligent conduct that created the need for the officer's professional intervention.",
"as a matter of law, Daniel's conduct was not the proxi... | 1B | |
In a prosecution of Drew for forgery, the defense objects to the testimony of West, a government expert, on the ground of inadequate qualifications. The government seeks to introduce a letter from the expert's former criminology professor, stating that West is generally acknowledged in his field as well qualified. On t... | [
"the jury, without regard to the hearsay rule. ",
"the judge, without regard to the hearsay rule. ",
"neither the judge nor the jury, because it (C) neither the judge nor the jury, because it is hearsay not within any exception. ",
"both the judge and the jury, because the letter is not offered for a hearsay ... | 1B | |
Responding to County's written advertisement for bids, Tyres was the successful bidder for the sale of tires to County for County's vehicles. Tyres and County entered into a signed, written agreement that specified, "It is agreed that Tyres will deliver all tires required by this agreement to County, in accordance with... | [
"Yes, because the provision in the written agreement, \"all tires required by this agreement,\" is ambiguous. ",
"Yes, because the advertisement was in writing. ",
"No, because of the parol evidence rule. ",
"No, because it would make the contract illusory. "
] | 0A | |
Responding to County's written advertisement for bids, Tyres was the successful bidder for the sale of tires to County for County's vehicles. Tyres and County entered into a signed, written agreement that specified, "It is agreed that Tyres will deliver all tires required by this agreement to County, in accordance with... | [
"recover under the contracts clause of the United States Constitution.",
"recover under the provisions of the Uniform Commercial Code.",
"not recover, because the agreement lacks mutuality of obligation. ",
"not recover, because the agreement is indefinite as to quantity. "
] | 1B | |
Supermarket is in a section of town where there are sometimes street fights and where pedestrians are occasionally the victims of pickpockets and muggers. In recognition of the unusual number of robberies in the area, the unusual number of robberies in the area, the supermarket posted signs in the store and in its park... | [
"plaintiff, if Supermarket failed to take reasonable steps to protect customers against criminal attack in its parking lot. ",
"plaintiff, because Supermarket is liable for harm to business invitees on its premises. ",
"defendant, if the warning signs were plainly visible to Lorner. ",
"defendant, because the... | 0A | |
Jones wanted to kill Adams because he believed Adams was having an affair with Jones's wife. Early one morning, armed with a pistol, he crouched behind some bushes on a park hillside overlooking a path upon which Adams frequently jogged. On this morning, however, Jones saw Adams jogging on another path about a half mil... | [
"guilty of attempted murder, if he was not aware of the limited range of his pistol. ",
"guilty of attempted murder, if a reasonable person would not have been aware of the limited range of his pistol. ",
"not guilty of attempted murder, or any lesser included offense, because, under the circumstances, it was i... | 0A | |
Widgets are manufactured wholly from raw materials mined and processed in the state of Green. The only two manufacturers of widgets in the United States are also located in that state. However, their widgets are purchased by retailers located in every state. The legislature of the state of Green is considering the adop... | [
"At the time widgets are manufactured and taxed they have not yet entered the channels of interstate commerce.",
"The economic impact of this tax will be passed on to both in-state and out-ofstate purchasers of widgets and, therefore, it is wholly nondiscriminatory in its effect. ",
"Because of the powers reser... | 2C | |
Blackacre is a large tract of land owned by a religious order known as The Seekers. On Blackacre, The Seekers erected a large residential building where its members reside. Blackacre is surrounded by rural residential properties and its only access to a public way is afforded by an easement over a strip of land 30 feet... | [
"Sally, because The Seekers excessively expanded the use of the dominant tenement. ",
"Sally, because the parking on the driveway exceeded the scope of the easement. ",
"The Seekers, because expanded use of the easement does not terminate the easement. ",
"The Seekers, because Sally's use of selfhelp denies h... | 2C | |
Three months ago, Bert agreed in writing to buy Sam's single-family residence, Liveacre, for $110,000. Bert paid Sam a $5,000 deposit to be applied to the purchase price. The contract stated that Sam had the right at his option to retain the deposit as liquidated damages in the event of Bert's default. The closing was ... | [
"must return the $5,000 to Bert, because Sam can no longer carry out his contract with Bert. ",
"must return the $5,000 to Bert, because Bert was legally justified in not completing the contract. ",
"must return $3,000 to Bert, because Sam's damages were only $2,000. ",
"may keep the $5,000 deposit, because B... | 3D | |
Rollem, an automobile retailer, had an adult daughter, Betsy, who needed a car in her employment but had only $3,000 with which to buy one. Rollem wrote to her, "Give me your $3,000 and I'll give you the car on our lot that we have been using as a demonstrator." Betsy thanked her father and paid him the $3,000. As both... | [
"Yes, because Rollem's promise was supported by bargained-for consideration. ",
"Yes, because Rollem's promise was supported by the moral obligation a father owes his child as to the necessities of modern life. ",
"No, because the payment of $3,000 was inadequate consideration to support Rollem's promise. ",
... | 0A | |
Peter, who was 20 years old, purchased a new, high-powered sports car that was marketed with an intended and recognized appeal to youthful drivers. The car was designed with the capability to attain speeds in excess of 100 miles per hour. It was equipped with tires designed and tested only for a maximum safe speed of 8... | [
"No, because Peter's driving at an excessive speed constituted a misuse of the car. ",
"No, because the car was not defective. ",
"Yes, if the statement in the manual concerning the tires did not adequately warn of the danger of high-speed driving on the tires mounted on the car. ",
"Yes, unless Peter's drivi... | 2C | |
In a federal court diversity action by Plant against Decord on an insurance claim, a question arose whether the court should apply a presumption that, where both husband and wife were killed in a common accident, the husband died last. Whether this presumption should be applied is to be determined according to | [
"traditional common law.",
"federal statutory law.",
"the law of the state whose substantive law is applied.",
"the federal common law."
] | 2C | |
Plagued by neighborhood youths who had been stealing lawn furniture from his back yard, Armando remained awake nightly watching for them. One evening Armando heard noises in his backyard. He yelled out, warning intruders to leave. Receiving no answer, he fired a shotgun filled with nonlethal buckshot into bushes along ... | [
"not guilty, because the child was trespassing and he was using what he believed was nondeadly force. ",
"not guilty, because he did not intend to kill or to cause serious physical injury. ",
"guilty, because he recklessly caused serious physical injury. ",
"guilty, because there is no privilege to use force ... | 2C | |
Twenty percent of the residents of Green City are members of minority racial groups. These residents are evenly distributed among the many different residential areas of the city. The five city council members of Green City are elected from five single-member electoral districts that are nearly equally populated. No ca... | [
"The Thirteenth Amendment.",
"The due process clause of the Fourteenth Amendment.",
"The privileges and immunities clause of the Fourteenth Amendment.",
"The Fifteenth Amendment."
] | 3D | |
Loomis, the owner and operator of a small business, encourages "wellness" on the part of his employees and supports various physicalfitness programs to that end. Learning that one of his employees, Graceful, was a dedicated jogger, Loomis promised to pay her a special award of $100 if she could and would run one mile i... | [
"Loomis wins, because it is a compelling inference that Loomis's promise did not induce Graceful to run the specified mile. ",
"Loomis wins, because Graceful's running of the specified mile was beneficial, not detrimental, to her in any event. ",
"Graceful wins, because running a mile in less than six minutes i... | 3D | |
Able was the owner of Blackacre, an undeveloped city lot. Able and Baker executed a written document in which Able agreed to sell Blackacre to Baker and Baker agreed to buy Blackacre from Able for $100,000; the document did not provide for an earnest money down payment. Able recorded the document, as authorized by stat... | [
"Baker's use of Blackacre for parking constitutes part performance.",
"general contract rules regarding consideration apply to real estate contracts.",
"the doctrine of equitable conversion applies.",
"the document was recorded."
] | 1B | |
Under the terms of a written contract, Karp agreed to construct for Manor a garage for $10,000. Nothing was said in the parties' negotiations or in the contract about progress payments during the course of the work. For this question only, assume the following facts. After completing 25% of the garage strictly accordin... | [
"Both parties are in breach, and each is entitled to damages, if any, from the other. ",
"Only Karp is in breach and liable for Manor's damages, if any. ",
"Only Manor is in breach and liable for Karp's damages, if any. ",
"Both parties took reasonable positions, and neither is in breach. "
] | 1B | |
Under the terms of a written contract, Karp agreed to construct for Manor a garage for $10,000. Nothing was said in the parties' negotiations or in the contract about progress payments during the course of the work. For this question only, assume the following facts. After completing 25% of the garage strictly accordin... | [
"Banquo wins, because the Karp-Manor contract was in existence and Karp was contract was in existence and Karp was not in breach when Banquo gave Manor notice of the assignment. ",
"Banquo wins, because Banquo as a secured creditor over Karp is entitled to priority over Manor's unsecured claim against Karp. ",
... | 2C | |
The Sports Championship Revenue Enhancement Act is a federal statute that was enacted as part of a comprehensive program to eliminate the federal budget deficit. That act imposed, for a period of five years, a 50% excise tax on the price of tickets to championship sporting events. Such events included the World Series,... | [
"constitutional, because the compelling national interest in reducing the federal budget deficit justifies this tax as a temporary emergency measure. ",
"constitutional, because an act of Congress that appears to be a revenue raising measure on its face is not rendered invalid because it may have adverse economic... | 1B | |
On June 1, Topline Wholesale, Inc., received a purchase-order form from Wonder-Good, Inc., a retailer and new customer, in which the latter ordered 1,000 anti-recoil widgets for delivery no later than August 30 at a delivered total price of $10,000, as quoted in Topline's current catalog. Both parties are merchants wit... | [
"There is no contract, because the liability-limitation clause in Topline's form is a material alteration of WonderGood's offer. ",
"There is no contract, because WonderGood did not consent to the liabilitylimitation clause in Topline's form. ",
"There is an enforceable contract whose terms include the liabilit... | 3D | |
Electco operates a factory that requires the use of very high voltage electricity. Paul owns property adjacent to the Electco plant where property adjacent to the Electco plant where he has attempted to carry on a business that requires the use of sensitive electronic equipment. The effectiveness of Paul's electronic e... | [
"Yes, because Electco's activity is abnormally dangerous. ",
"Yes, for loss suffered by Paul after Electco was made aware of the harm its activity was causing to Paul. ",
"No, unless Electco caused a substantial and unreasonable interference with Paul's business. ",
"No, because Paul's harm was purely (D) No,... | 2C | |
Les leased a barn to his neighbor, Tom, for a term of three years. Tom took possession of the barn and used it for his farming purposes. The lease made Les responsible for structural repairs to the barn, unless they were made necessary by actions of Tom. One year later, Les conveyed the barn and its associated land to ... | [
"Tom should lose, because Lottie assumed all of Les's obligations by reason of Tom's attornment to her. ",
"Tom should recover, because there is privity between lessor and lessee and it cannot be broken unilaterally. ",
"Tom should recover, because Les knew of the danger but did not warn Tom. ",
"Tom should l... | 2C |
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