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|---|---|---|---|
Dahle is charged with possession of heroin. Prosecution witness Walker, an experienced dog trainer, testified that he was in the airport with a dog trained to detect heroin. As Dahle with a dog trained to detect heroin. As Dahle approached, the dog immediately became alert and pawed and barked frantically at Dahle's br... | [
"admissible, as evidence of Dahle's guilt. ",
"admissible, because an expert may rely on hearsay. ",
"inadmissible, because it is based on hearsay not within any exception. ",
"inadmissible, because of the unreliability of the reactions of an animal. "
] | 0A | |
Doe negligently caused a fire in his house, and the house burned to the ground. As a result, the sun streamed into Peter's yard next door, which previously had been shaded by Doe's house. The sunshine destroyed some delicate and valuable trees in Peter's yard that could grow only in the shade. Peter has brought a grow ... | [
"Doe's negligence was not the active cause of the loss of Peter's trees.",
"Doe's duty to avoid the risks created by a fire did not encompass the risk that sunshine would damage Peter's trees.",
"the loss of the trees was not a natural and probable consequence of Doe's negligence.",
"Peter suffered a purely e... | 1B | |
Phillips bought a new rifle and wanted to try it out by doing some target shooting. He went out into the country to an area where he had previously hunted. Much to his surprise, he noticed that the area beyond a clearing noticed that the area beyond a clearing contained several newly constructed houses that had not bee... | [
"affirm the conviction, as the evidence is sufficient to support a conviction of murder. ",
"reverse the conviction and remand for a new trial, because the evidence is not sufficient for murder but will support a conviction of voluntary manslaughter. ",
"reverse the conviction and remand for a new trial, becaus... | 0A | |
Dominique obtained a bid of $10,000 to tear down her old building and another bid of $90,000 to replace it with a new structure in which she planned to operate a sporting goods store. Having only limited cash available, Dominique asked Hardcash for a $100,000 loan. After reviewing the plans for the project, Hardcash in... | [
"Yes, because by having the building demolished, she accepted Hardcash's offer to make the loan. ",
"Yes, because her reliance on Hardcash's promise was substantial, reasonable, and foreseeable. ",
"No, because there was no bargained-for exchange of consideration for Hardcash's promise to make the loan. ",
"N... | 1B | |
Dominique obtained a bid of $10,000 to tear down her old building and another bid of $90,000 to replace it with a new structure in which she planned to operate a sporting goods store. Having only limited cash available, Dominique asked Hardcash for a $100,000 loan. After reviewing the plans for the project, Hardcash in... | [
"Expectancy damages, measured by the difference between the value of the new building and the old building, less the amount of the proposed loan ($100,000). ",
"Expectancy damages, measured by the estimated profits from operating the proposed sporting goods store for ten years, less the cost of repaying a $100,00... | 2C | |
Dan, an eight-year-old, rode his bicycle downhis driveway into a busy highway and Driver had to stop her car suddenly to avoid colliding with the bike. Because of the sudden stop, Driver's two-year-old son, Peter, who was sitting on the seat without any restraint, was thrown into the dashboard and injured. Had Peter be... | [
"not prevail, because parents are not vicariously liable for the negligent acts of their children. ",
"not prevail, because Peter's injury was attributable to his mother's knowing violation of a safety statute. ",
"prevail, if Dan's parents knew that he sometimes drove into the highway, and they took no steps t... | 2C | |
While Hill was in her kitchen, she heard the screech of automobile tires. She ran to the window and saw a tricycle flying through the air. The tricycle had been hit by a car driven by Weber, who had been speeding. She also saw a child's body in the grass adjacent to the street. As a result of her shock from this experi... | [
"a person can recover damages based on the defendant's breach of a duty owed to another.",
"it is foreseeable that a person may sufferphysical harm caused solely by an injury inflicted on another.",
"a person can recover damages caused by (C) a person can recover damages caused by shock unaccompanied by bodily ... | 3D | |
Suffering from painful and terminal cancer, Willa persuaded Harold, her husband, to kill her to end her misery. As they reminisced about their life together and reaffirmed their love for each other, Harold tried to discourage Willa from giving up. Willa insisted, however, and finally Harold held a gun to her head and k... | [
"no degree of criminal homicide.",
"involuntary manslaughter.",
"voluntary manslaughter.",
"murder."
] | 3D | |
Peterson sued Dylan for libel. After Peterson testified that Dylan wrote to Peterson's employer that Peterson was a thief, Dylan offers evidence that Peterson once stole money from a former employer. The evidence of Peterson's prior theft is | [
"admissible, as substantive evidence to prove that Peterson is a thief. ",
"admissible, but only to impeach Peterson's credibility. ",
"inadmissible, because character may not be shown by specific instances of conduct. ",
"inadmissible, because such evidence is more unfairly prejudicial than probative. "
] | 0A | |
The Federal Computer Abuse Act establishes the Federal Computer Abuse Commission, authorizes the Commission to issue licenses for the possession of computers on terms that are consistent with the purposes of the act, and makes the unlicensed possession of a computer a crime. The provisions of the Federal Computer Abuse... | [
"constitutional, because the Constitution generally authorizes Congress to enact all laws that are necessary and proper to advance the general welfare, and Congress could reasonably believe that possession of computers by people like User constitutes a threat to the general welfare. ",
"constitutional, because Co... | 1B | |
Defendant left her car parked on the side of a hill. Two minutes later, the car rolled down the hill and struck and injured Plaintiff. In Plaintiff's negligence action against Defendant, Plaintiff introduced into evidence the facts stated above, which are undisputed. Defendant testified that, when she parked her car, s... | [
"granted, because it is more likely than not that Defendant's negligent conduct was the legal cause of Plaintiff's injuries. ",
"granted, because the evidence does not support the verdict. ",
"denied, because, given Defendant's evidence, the jury was not required to draw an inference of negligence from the circ... | 2C | |
Able conveyed Blackacre to Baker by a warranty deed. Baker recorded the deed four days later. After the conveyance but prior to Baker's recording of the deed, Smollett properly filed a judgment against Able. The two pertinent statutes in the jurisdiction provide the following: 1) any judgment properly filed shall, for ... | [
"Able's warranty of title to Baker defeats Smollett's claim.",
"Smollett is not a purchaser for value.",
"any deed is superior to a judgment lien.",
"four days is not an unreasonable delay in recording a deed."
] | 1B | |
The United States Department of Energy regularly transports nuclear materials through Centerville on the way to a nuclear weapons processing plant it operates in a nearby state. The city of Centerville recently adopted an ordinance prohibiting the transportation of any nuclear materials in or through the city. The ordi... | [
"No, because the ordinance is rationally related to the public health and safety of Centerville residents. ",
"No, because the Tenth Amendment reserves to the states certain unenumerated sovereign powers. ",
"Yes, because the Department of Energy is a federal agency engaged in a lawful federal function and, the... | 2C | |
Dart is charged with the statutory offense of "knowingly violating a regulation of the State Alcoholic Beverage Control Board" and specifically that he knowingly violated regulation number 345-90 issued by the State Alcoholic Beverage Control Board. That regulation prohibits the sale of alcoholic beverages to any perso... | [
"The purchaser had a driver's license that falsely showed his age to be 21.",
"Dart had never been told he was supposed to check identification of persons over 17 and under 22 before selling them alcohol.",
"Dart did not know that the regulations classified beer as an alcoholic beverage.",
"Dart mistakenly be... | 3D | |
In a writing signed by both parties on December 1, Kranc agreed to buy from Schaff a gasoline engine for $1,000, delivery to be made on the following for $1,000, delivery to be made on the following February 1. Through a secretarial error, the writing called for delivery on March 1, but neither party noticed the error ... | [
"The secretarial error in the written delivery-term was a mutual mistake concerning a basic fact, and the concerning a basic fact, and the agreement is voidable by either party. ",
"Kranc's not giving written notice by January 2 of his resale was a failure of a condition precedent to the existence of a contract."... | 1B | |
In a writing signed by both parties on December 1, Kranc agreed to buy from Schaff a gasoline engine for $1,000, delivery to be made on the following for $1,000, delivery to be made on the following February 1. Through a secretarial error, the writing called for delivery on March 1, but neither party noticed the error ... | [
"Substantial performance.",
"Nonoccurrence of a condition subsequent.",
"Waiver of condition.",
"Novation of buyers."
] | 2C | |
David owned a shotgun that he used for hunting. David knew that his old friend, Mark, had become involved with a violent gang that recently had a shoot-out with a rival gang. David, who was going to a farm to hunt quail, placed his loaded shotgun on the back seat of his car. On his way to the farm, David picked up Mark... | [
"indemnity for the full amount of the judgment, because Mark was an intentional tortfeasor. ",
"contribution only, based on comparative fault, because David himself was negligent. ",
"one-half of the amount of the judgment.",
"nothing, because David's negligence was a substantial proximate cause of the shooti... | 0A | |
The legislature of the state of Chetopah enacted a statute requiring that all law enforcement officers in that state be citizens of the United States. Alien, lawfully admitted to permanent residency five years before the enactment of this statute, sought employment as a forensic pathologist in the Chetopah coroner's of... | [
"constitutes an ex post facto law as to previously admitted aliens.",
"deprives an alien of a fundamental right to employment without the due process of law guaranteed by the Fourteenth of law guaranteed by the Fourteenth Amendment.",
"denies an alien a right to employment in violation of the privileges and imm... | 3D | |
Olwen owned 80 acres of land, fronting on a town road. Two years ago, Olwen sold to Buck the back 40 acres. The 40 acres sold to Buck did not adjoin any public road. Olwen's deed to Buck expressly granted a right-of-way over a specified strip of Olwen's retained 40 acres, so Buck could reach the town road. The deed was... | [
"Sam, because he has an easement by implication. ",
"Sam, because the easement appurtenant passed to him as a result of Buck's deed to him. ",
"Olwen, because Buck's easement in gross was not transferable. ",
"Olwen, because Buck's deed failed expressly to transfer the right-of-way to Sam. "
] | 1B | |
Dickinson was charged with possession of cocaine. At Dickinson's trial, the prosecution established that, when approached by police on a suburban residential street corner, Dickinson dropped a plastic bag and ran, and that when the police returned to the corner a few minutes later after catching Dickinson, they found a... | [
"overruled, because there is sufficient evidence to find that the bag was the one Dickinson dropped. ",
"overruled, because the objection should have been made on the basis of incomplete chain of custody. ",
"sustained, because Dickinson did not have possession of the bag at the time he was arrested. ",
"sust... | 0A | |
Chemco manufactured a liquid chemical product known as XRX. Some XRX leaked from a storage tank on Chemco's property, seeped into the groundwater, flowed to Farmer's adjacent property, and polluted Farmer's well. Several of Farmer's cows drank the polluted well water and died. If Farmer brings an action against Chemco ... | [
"prevail, because a manufacturer is strictly liable for harm caused by its products. ",
"prevail, because the XRX escaped from Chemco's premises. ",
"not prevail, unless Farmer can establish that the storage tank was defective. ",
"not prevail, unless Chemco failed to exercise reasonable care in storing the X... | 1B | |
A threatening telephone call that purports to be from Defendant to Witness is most likely to be admitted against Defendant if | [
"the caller identified himself as Defendant.",
"Witness had previously given damaging testimony against Defendant in another lawsuit.",
"Witness had given his unlisted number only to Defendant and a few other persons.",
"Witness believes that Defendant is capable of making such threats."
] | 2C | |
The open-air amphitheater in the city park of Rightville has been utilized for concerts and other entertainment programs. Until this year, each of the groups performing in that city facility was allowed to make its own arrangements for sound equipment and sound technicians. After recurring complaints from occupants of ... | [
"The ordinance is narrowly tailored to serve a substantial government interest, and does not unreasonably limit alternative avenues of expression. ",
"The ordinance is rationally related to a legitimate government interest, and does not unreasonably limit alternative avenues of expression. ",
"The ordinance is ... | 0A | |
Smith and Penn were charged with murder. Each gave a confession to the police that implicated both of them. Smith later retracted her confession, claiming that it was coerced. Smith and Penn were tried together. The prosecutor offered both confessions into evidence. Smith and Penn objected. After a hearing, the trial j... | [
"correct, unless Penn testified at trial. ",
"correct, whether or not Penn testified at trial. ",
"incorrect, because Smith testified in her own behalf. ",
"incorrect, because Smith's own confession was properly admitted into evidence. "
] | 0A | |
The state of Orrington wanted to prevent its only major league baseball team, the privately owned and operated Orrington Opossums, from moving to the rival state of Atrium. After a heated political debate in the legislature, a heated political debate in the legislature, Orrington enacted legislation providing for a one... | [
"the nexus between the actions of the owners of the Opossums and the onetime grant of monies to them by the state is sufficiently substantial to subject their actions to the limitations of the Fourteenth Amendment.",
"the intense public preoccupation with the activities of major league baseball teams coupled with... | 2C | |
Walker, who knew nothing about horses, inherited Aberlone, a thoroughbred colt whose disagreeable behavior made him a pest around the barn. Walker sold the colt for $1,500 to Sherwood, an experienced racehorse-trainer who knew of Walker's ignorance about horses. At the time of sale, Walker said to Sherwood, "I hate to ... | [
"Walker did not know until after the sale that Sherwood was an experienced racehorse-trainer.",
"At a pre-sale exercise session of which Sherwood knew that Walker was not aware, Sherwood clocked Aberlone in record-setting time, far surpassing any previous performance. ",
"Aberlone was the only thoroughbred that... | 1B | |
Walker, who knew nothing about horses, inherited Aberlone, a thoroughbred colt whose disagreeable behavior made him a pest around the barn. Walker sold the colt for $1,500 to Sherwood, an experienced racehorse-trainer who knew of Walker's ignorance about horses. At the time of sale, Walker said to Sherwood, "I hate to ... | [
"In his first race after the sale, Aberlone galloped to a huge lead but dropped dead 100 yards from the finish line because of a rare congenital heart defect that was undiscoverable except by autopsy. ",
"Aberlone won $5 million for Sherwood over a three-year racing career but upon being retired was found to be i... | 0A | |
Sixty years ago by a properly executed and recorded deed, Albert conveyed Greenacre, a tract of land: "To Louis for life, then to Louis's widow for her life, then to Louis's child or children in equal shares." At that time, Louis, who was Albert's grandson, was six years old. Shortly thereafter, Albert died testate. Lo... | [
"First Church, because the widow of Louis was unborn at the time of conveyance and, hence, the remainder violated the Rule Against Perpetuities. ",
"Zelda, because her life estate and her inheritance from Louis (who was Albert's sole heir at law and who was Norman's sole heir at law) merged the entire title in he... | 3D | |
In an automobile collision case brought by Poe against Davies, Poe introduced evidence that Ellis made an excited utterance that Davies ran the red light. Davies called Witt to testify that later Ellis, a bystander, now deceased, told Witt that Davies went through a yellow light. Witt's testimony should be | [
"excluded, because it is hearsay not within any exception. ",
"excluded, because Ellis is not available to explain or deny the inconsistency. ",
"admitted only for the purpose of impeaching Ellis.",
"admitted as impeachment and as substantive evidence of the color of the light."
] | 2C | |
Plaintiff, a jockey, was seriously injured in a race when another jockey, Daring, cut too sharply in front of her without adequate clearance. The two horses collided, causing Plaintiff to fall to the ground, sustaining injury. The State Racetrack Commission ruled that, by cutting in too sharply, Daring committed a foul... | [
"Yes, if Daring was reckless in cutting across in front of Plaintiff's horse. ",
"Yes, because the State Racetrack Commission determined that Daring committed a foul in violation of rules applicable to racing. ",
"No, unless Daring intended to cause impermissible contact between the two impermissible contact be... | 2C | |
Able entered into a written contract with Baker to sell Greenacre. The contract was dated June 19 and called for a closing date on the following August 19. There was no other provision in the contract concerning the closing date. The contract contained the following clause: "subject to the purchaser, Baker, obtaining a... | [
"I and III only.",
"II and IV only.",
"II, III, and IV only. ",
"I, II, III, and IV. "
] | 3D | |
Lester was engaged to marry Sylvia. One evening, Lester became enraged at the comments of Sylvia's eight-year-old daughter, Cynthia, who was complaining, in her usual fashion, that she did not want her mother to marry Lester. Lester, who had had too much to drink, began beating her. Cynthia suffered some bruises and a ... | [
"dismiss the charge, because Lester had not been convicted. ",
"dismiss the charge, because the evidence shows that any aid she rendered occurred after the crime was completed. ",
"submit the case to the jury, on an instruction to convict only if Sylvia knew Lester had been indicted. ",
"submit the case to th... | 3D | |
In response to massive layoffs of employees of automobile assembly plants located in the state of Ames, the legislature of that state enacted a statute which prohibits the parking of automobiles manufactured outside of the United States in any parking lot or parking structure that is owned or operated by the state or a... | [
"The statute imposes an undue burden on foreign commerce.",
"The statute denies the owners of foreignmade automobiles the equal protection of the laws.",
"The statute deprives the owners of foreign-made automobiles of liberty or property without due process of law.",
"The statute is inconsistent with the priv... | 0A | |
Pate sued Dr. Doke for psychiatric malpractice and called Dr. Will as an expert witness. During Will's direct testimony, Will identified a text as a reliable authority in the field. He seeks to read to the jury passages from this book on which he had relied in forming his opinion on the proper standard of care. The pas... | [
"admissible, as a basis for his opinion and as substantive evidence of the proper standard of care. ",
"admissible, as a basis for his opinion but not as substantive evidence of the proper standard of care. ",
"inadmissible, because a witness's credibility cannot be supported unless attacked. ",
"inadmissible... | 0A | |
The Daily Sun, a newspaper, printed an article that stated: Kitchen, the popular restaurant on the town square, has closed its doors. Kitchen employees have told the Daily Sun that the closing resulted from the owner's belief that Kitchen's general manager has embezzled thousands of dollars from the restaurant over the... | [
"record contains no evidence that Plaintiff suffered special harm as a result of the publication.",
"record contains no evidence that the defendant was negligent as to the truth or falsity of the charge of embezzlement.",
"evidence is not clear and convincing that the defendant published the article with \"actu... | 1B | |
Surgeon performed a sterilization operation on Patient. After the surgery, Surgeon performed a test that showed that Patient's fallopian tubes a test that showed that Patient's fallopian tubes were not severed, as was necessary for sterilization. Surgeon did not reveal the failure of the operation to Patient, who three... | [
"Did Surgeon owe a duty of care to the baby in respect to medical services rendered to Patient three years before the baby was conceived?",
"Can a person recover damages for a life burdened by a severe birth defect based on a physician's wrongful failure to prevent that person's birth from occurring?",
"Did Sur... | 3D | |
Robert walked into a store that had a checkcashing service and tried to cash a $550 check which was payable to him. The attendant on duty refused to cash the check because Robert did not have two forms of identification, which the store's policies required. Robert, who had no money except for the check and who needed c... | [
"robbery.",
"attempted robbery.",
"theft by false pretenses.",
"larceny by trick."
] | 1B | |
Kabb, the owner of a fleet of taxis, contracted with Petrol, a dealer in petroleum products, for the purchase and sale of Kabb's total requirements of gasoline and oil for one year. As part of that agreement, Petrol also agreed with Kabb that for one year Petrol would place all his advertising with Ada Artiste, Kabb's ... | [
"succeed, because she is a third-party beneficiary of the Kabb-Petrol contract. ",
"succeed, because Kabb was acting as Artiste's agent when he contracted with Petrol. ",
"not succeed, because the failure of a constructive condition precedent excused Petrol's duty to place his advertising with Artiste. ",
"no... | 2C | |
Kabb, the owner of a fleet of taxis, contracted with Petrol, a dealer in petroleum products, for the purchase and sale of Kabb's total requirements of gasoline and oil for one year. As part of that agreement, Petrol also agreed with Kabb that for one year Petrol would place all his advertising with Ada Artiste, Kabb's ... | [
"succeed, because, on the facts of this case, Petrol and Kabb could not, without Artiste's consent, modify their contract so as to discharge Petrol's duties to Artiste. ",
"succeed, because Kabb acted in bad faith in releasing Petrol from his duty with respect to Artiste. ",
"not succeed, because, absent a prov... | 0A | |
76. Drew, the owner of a truck leasing company, asked Pat, one of Drew's employees, to deliver $1,000 to the dealership's main office. The following week, as a result of a dispute over whether the money had been delivered, Drew instructed Pat to come to the office to submit to a lie detector test. When Pat reported to ... | [
"prevail, because Pat was fraudulently induced to go to the office for a lie detector test, which was not, in fact, given. ",
"prevail, if Drew should have foreseen that the statement would be overheard by other employees. ",
"not prevail, if Drew made the charge in good faith, believing it to be true. ",
"no... | 1B | |
Adam owns his home, Blackacre, which was mortgaged to Bank by a duly recorded purchase money mortgage. Last year, Adam purchase money mortgage. Last year, Adam replaced all of Blackacre's old windows with new windows. Each new window consists of a window frame with three inserts: regular windows, storm windows, and scr... | [
"Bank, because its mortgage was recorded first. ",
"Bank, because windows and screens, no matter their characteristics, are an integral part of a house. ",
"Vend, because the inserts are removable. ",
"Vend, because the availability of the old windows enables Bank to return Blackacre to its original condition... | 2C | |
In a suit by Palmer against Denby, Palmer sought to subpoena an audiotape on which Denby had narrated his version of the dispute for his attorney. Counsel for Denby moves to quash the subpoena on the ground of privilege. The audiotape is most likely to be subject to subpoena if | [
"Denby played the audiotape for his father to get his reactions.",
"the lawsuit involved alleged criminal behavior by Denby.",
"Denby has been deposed and there is good reason to believe that the audiotape may contain inconsistent statements.",
"Denby is deceased and thus unavailable to give testimony in pers... | 0A | |
The National Ecological Balance Act prohibits the destruction or removal of any wild animals located on lands owned by the United States without express permission from the Federal Bureau of Land Management. Violators are subject to fines of up to $1,000 per offense. After substantial property damage was inflicted on r... | [
"constitutional, because the property clause of Article IV, Section 3, of the Constitution authorizes such federal statutory controls and sanctions. ",
"constitutional, because Article I, Section 8, of the Constitution authorizes Congress to enact all laws necessary and proper to advance the general welfare. ",
... | 0A | |
A kidnapping statute in State A makes it a crime for a person, including a parent, to "take a child from the custody of his custodial parent, knowing he has no privilege to do so." After a bitter court battle Ann and Dave were divorced and Ann was given custody of their daughter, Maria. Dave later moved to State B wher... | [
"acquitted, because he acted on the advice of an attorney. ",
"acquitted, because he lacked a necessary mental element of the crime. ",
"convicted, because reliance on an attorney's advice is not a defense. ",
"convicted, provided a reasonable person (D) convicted, provided a reasonable person would have know... | 1B | |
Owen, the owner of Greenacre, a tract of land, mortgaged Greenacre to ABC Bank to secure his preexisting obligation to ABC Bank. The mortgage was promptly and properly recorded. Owen and Newton then entered into a valid written contract for the purchase and sale of Greenacre, which provided for the transfer of "a marke... | [
"the mortgage is not entitled to priority because it was granted for preexisting obligations.",
"the doctrine of equitable conversion supports the result.",
"Owen's arrangements for the payment of the mortgage fully satisfied Owen's obligation to deliver marketable title.",
"the existence of the mortgage was ... | 2C | |
Pawn sued Dalton for injuries received when she fell down a stairway in Dalton's apartment building. Pawn, a guest in the building, alleged that she caught the heel of her shoe in a tear in the stair carpet. Pawn calls Witt, a tenant, to testify that Young, another tenant, had said to him a week before Pawn's fall: "Wh... | [
"admissible, to prove that the carpet was defective. ",
"admissible, to prove that Dalton had notice of the defect. ",
"admissible, to prove both that the carpet was defective and that Dalton had notice of the defect. ",
"inadmissible, because it is hearsay not within any exception. "
] | 3D | |
A law of the state of Wonatol imposed a generally applicable sales tax payable by the vendor. That law exempted from its provisions the sale of "all magazines, periodicals, newspapers, and books." In order to raise additional revenue, the state legislature eliminated that broad exemption and substituted a narrower exem... | [
"Magazine lacks standing to sue for a refund of sales taxes imposed by a generally applicable state law because Article III of the Constitution precludes taxpayers from bringing such suits. taxpayers from bringing such suits.",
"the Eleventh Amendment bars the state court from exercising jurisdiction over this su... | 2C | |
Defendant was prosecuted for bankruptcy fraud. Defendant's wife, now deceased, had testified adversely to Defendant during earlier bankruptcy proceedings that involved similar issues. Although the wife had been crossexamined, no serious effort was made to challenge her credibility despite the availability of significan... | [
"admitted, under the hearsay exception for former testimony. ",
"admitted, because it is a statement by a person identified with a party. ",
"excluded, because it is hearsay not within any exception. ",
"excluded, because Defendant has the right to prevent use of his spouse's testimony against him in a crimin... | 0A | |
Mermaid owns an exceptionally seaworthy boat that she charters for sport fishing at a $500 daily rate. The fee includes the use of the boat with Mermaid as the captain, and one other crew member, as well as fishing tackle and bait. On May 1, Phinney agreed with Mermaid that Phinney would have the full-day use of the bo... | [
"Mermaid can retain the $200 paid by Phinney, because it would be difficult for Mermaid to establish her actual damages and the sum appears to have been a reasonable forecast in light of anticipated loss of profit from the charter. ",
"Mermaid is entitled to retain only $50 (10% of the contract price) and must re... | 0A | |
Mermaid owns an exceptionally seaworthy boat that she charters for sport fishing at a $500 daily rate. The fee includes the use of the boat with Mermaid as the captain, and one other crew member, as well as fishing tackle and bait. On May 1, Phinney agreed with Mermaid that Phinney would have the full-day use of the bo... | [
"The contract is discharged because of impossibility, and Phinney is entitled to return of his deposit. ",
"The contract is discharged because of mutual mistake concerning an essential fact, and Phinney is entitled to return of his deposit. ",
"The contract is not discharged, because its performance was possibl... | 0A | |
Eight years ago, Orben, prior to moving to a distant city, conveyed Blackacre, an isolated farm, to his son, Sam, by a quitclaim deed. Sam paid no consideration. Sam, who was 19 years old, without formal education, and without experience in business, took possession of Blackacre and operated the farm but neglected to r... | [
"prevail, because a warranty deed for valuable consideration takes priority over a quitclaim deed without consideration. ",
"prevail, because Orben's subsequent conveyance to Fred revoked the gift to Sam. ",
"lose, because Sam's possession charged Fred with notice. ",
"lose, because the equities favor Sam. "
... | 2C | |
Brown owned Blackacre, a tract of undeveloped land. Blackacre abuts Whiteacre, a tract of land owned by Agency, the state's governmental energy agency. At Whiteacre, Agency has operated a waste-to-electricity recycling facility for 12 years. Blackacre and Whiteacre are in a remote area and Whiteacre is the only develop... | [
"the facts constitute adverse possession and title to the portion of Blackacre concerned has vested in Agency.",
"Brown's failure to keep himself informed as to Agency's use of Blackacre and his failure to object constituted implied consent to the continuation of that use. consent to the continuation of that use.... | 0A | |
Defendant was charged with possession of cocaine with intent to distribute. He had been stopped while driving a car and several pounds of cocaine were found in the trunk. In his opening statement, defendant's counsel asserted that his client had no key to the trunk and no knowledge of its contents. The prosecutor offer... | [
"admitted, as a statement against interest. ",
"admitted, as evidence of Defendant's close connection with the car and, therefore, knowledge of its contents. ",
"excluded, unless authenticated by (C) excluded, unless authenticated by testimony of or certification by a state official charged with custody of vehi... | 1B | |
Donald was arrested in Marilyn's apartment after her neighbors had reported sounds of a struggle and the police had arrived to find Donald bent over Marilyn's prostrate body. Marilyn was rushed to the hospital where she lapsed into a coma. Despite the explanation that he was trying to revive Marilyn after she suddenly ... | [
"correct, because he was acquitted of the attempted rape charge. ",
"correct, because he was convicted of the assault charge. ",
"incorrect, because Marilyn had not died at the time of the first trial and he was not placed in jeopardy for murder. ",
"incorrect, because he was convicted of the assault charge. ... | 0A | |
Ogle owned Greenacre, a tract of land, in fee simple. Five years ago, he executed and delivered to Lilly an instrument in the proper form of a warranty deed that conveyed Greenacre to Lilly "for and during the term of her natural life." No other estate or interest or person taking an interest was mentioned. Lilly took ... | [
"Lilly, because no subsequent act of Ogle would affect her life estate. ",
"Mina, because Ogle's will was the final and definitive expression of his intent. ",
"Mina, because Lilly's estate terminated with the death of Ogle. ",
"Rex, because Lilly's estate terminated with Ogle's death and all that Ogle had wa... | 0A | |
Devlin was charged with murder. Several witnesses testified that the crime was committed by a person of Devlin's general description who walked with a severe limp. Devlin in fact walks with a severe limp. He objected to a prosecution request that the court order him to walk across the courtroom in order to display his ... | [
"sustained, because the order sought by the prosecution would violate Devlin's privilege against self-incrimination. ",
"sustained, because the order sought by the prosecution would constitute an illegal search and seizure. ",
"denied, because the order sought by the prosecution is a legitimate part of a proper... | 2C | |
A statute of the state of Kiowa provided state monetary grants to private dance, theater, and opera groups located in that state. The statute required recipients of such grants to use the granted monies for the acquisition, construction, and maintenance of appropriate facilities for the public performance of their perf... | [
"commerce clause.",
"obligation of contracts clause.",
"Fifth Amendment.",
"First and Fourteenth Amendments."
] | 3D | |
Penkov suffered a severe loss when his manufacturing plant, located in a shallow ravine, was flooded during a sustained rainfall. The flooding occurred because City had failed to maintain its storm drain, which was located on City land above Penkov's premises, and because Railroad had failed to maintain its storm drain... | [
"nothing, because he should have joined City, without whose negligence he would have suffered no loss. ",
"nothing, unless he introduces evidence that enables the court reasonably to apportion responsibility between City and Railroad. ",
"one-half his loss, in the absence of evidence that enables the court to a... | 3D | |
Smith asked Jones if he would loan him $500, promising to repay the amount within two weeks. Jones loaned him the $500. The next day Smith took the money to the race track and lost all of it betting on horse races. He then left town for six months. He has not repaid Jones. Smith has committed | [
"both larceny by trick and obtaining money by false pretenses (although he can only be convicted of one offense).",
"larceny by trick only.",
"obtaining money by false pretenses only.",
"neither larceny by trick nor obtaining money by false pretenses."
] | 3D | |
Assume that Congress passed and the President signed the following statute: "The appellate jurisdiction of the United States Supreme Court shall not extend to any case involving the constitutionality of any state statute limiting the circumstances in which a statute limiting the circumstances in which a woman may obtai... | [
"Congress may not exercise its authority over the appellate jurisdiction of the Supreme Court in a way that seriously interferes with the establishment of a supreme and uniform body of federal constitutional law.",
"Congress may only regulate the appellate jurisdiction of the Supreme Court over cases initially ar... | 0A | |
The federal statute admitting the state of Blue to the Union granted Blue certain public lands, and established some very ambiguous conditions on the subsequent disposition of these lands by Blue. This federal statute also required the new state to write those exact same conditions into its state constitution. One same... | [
"accept the case for review and determine the validity and interpretation of the federal statute if it is an important and substantial question.",
"ask the Blue Supreme Court to indicate more clearly whether it relied on the state constitutional provision in rendering its decision.",
"decline to review the case... | 0A | |
Trawf, the manager of a state fair, contracted 100. with Schweinebauch, a renowned hog breeder, to exhibit Schweinebauch's world champion animal, Megahawg, for the three weeks of the annual fair, at the conclusion of which Schweinebauch would receive an honorarium of $300. Two days before the opening of the fair, Megah... | [
"Suspend his own performance, demand assurances from Schweinebauch, and treat a failure by Schweinebauch to give them as an actionable repudiation. ",
"Suspend his own performance and recover damages from Schweinebauch for breach of contract unless Schweinebauch at once supplies an undiseased hog of exhibition qu... | 2C | |
The manager of a department store noticed that Paula was carrying a scarf with her as she examined various items in the blouse department. The manager recognized the scarf as an expensive one carried by the store. Paula was trying to find a blouse that matched a color in the scarf, and, after a while, found one. The ma... | [
"by carrying the scarf in public view and then putting it into her purse, Paula assumed the risk of being detained. ",
"the manager had a reasonable belief that Paula was shoplifting and detained her only briefly for a reasonable investigation of the facts.",
"Paula should have realized that her conduct would c... | 1B | |
A proposed federal statute would prohibit all types of discrimination against black persons on the basis of their race in every business transaction executed anywhere in the United States by any person or entity, governmental or private. Is this proposed federal statute likely to be constitutional? | [
"Yes, because it could reasonably be viewed as an exercise of Congress's authority to enact laws for the general welfare. ",
"Yes, because it could reasonably be viewed as a means of enforcing the provisions of the Thirteenth Amendment. ",
"No, because it would regulate purely local transactions that are not in... | 1B | |
Sam told Horace, his neighbor, that he was going away for two weeks and asked Horace to keep an eye on his house. Horace agreed. Sam gave Horace a key to use to check on the house. Horace decided to have a party in Sam's house. He invited a number of friends. One friend, Lewis, went into Sam's bedroom, took some of Sam... | [
"Horace and Lewis are guilty of burglary.",
"Horace is guilty of burglary and Lewis is guilty of larceny.",
"Horace is guilty of trespass and Lewis is guilty of larceny.",
"Lewis is guilty of larceny and Horace is not guilty of any crime."
] | 3D | |
John's father, Jeremiah, died in Hospital. Hospital maintains a morgue with refrigerated drawers a bit larger than a human body. Jeremiah's body was placed in such a drawer awaiting pickup by a mortician. Before the mortician called for the body, a Hospital orderly placed two opaque plastic bags in the drawer with Jere... | [
"John, because of the sensitivity people have regarding the care of the bodies of deceased relatives. ",
"John, because hospitals are strictly liable for mishandling dead bodies. ",
"Hospital, because John did not require medical or psychiatric treatment. ",
"Hospital, because John suffered no bodily harm. "
... | 0A | |
Able was the owner of Greenacre, a large tract of land. Able entered into a binding written contract with Baker for the sale and purchase of Greenacre for $125,000. The contract required Able to convey marketable record title. Baker decided to protect his interest and promptly and properly recorded the contract. Therea... | [
"Able, because in equity a purchaser takes free of judgment liens. ",
"Able, because the contract had been recorded. ",
"Baker, because Able cannot benefit from Baker's action in recording the contract. ",
"Baker, because the statute creating judgment liens takes precedence over the recording act. "
] | 1B | |
Post sued Dint for dissolution of their yearlong partnership. One issue concerned the amount of money Post had received in cash. amount of money Post had received in cash. It was customary for Dint to give Post money from the cash register as Post needed it for personal expenses. Post testified that, as he received mon... | [
"admissible, because it is based on Dint's firsthand knowledge. ",
"admissible, because the ledger entries offered by a party opponent opened the door. ",
"inadmissible, because the ledger is the best evidence of the amounts Post received. ",
"inadmissible, because Dint's failure to challenge the accuracy of ... | 0A | |
In a signed writing, Nimrod contracted to purchase a 25-foot travel trailer from Trailco for $15,000, cash on delivery no later than for $15,000, cash on delivery no later than June 1. Nimrod arrived at the Trailco sales lot on Sunday, May 31, to pay for and take delivery of the trailer, but refused to do so when he di... | [
"Nimrod had a right to reject the trailer, but Trailco was entitled to a reasonable opportunity to cure the defect. ",
"Nimrod had a right to reject the trailer and terminate the contract under the perfect tender rule.",
"Nimrod was required to accept the trailer, because the defect could be readily cured. ",
... | 0A | |
Oker owned in fee simple two adjoining lots, Lots 1 and 2. He conveyed in fee simple Lot 1 to Frank. The deed was in usual form of a warranty deed with the following provision inserted in the appropriate place: "Grantor, for himself, his heirs and assigns, does covenant and agree that any reasonable expense incurred by... | [
"Tim is barred by adverse possession.",
"Frank's deed from Oker was never recorded.",
"Tim did not know about the covenant until after he had incurred the expenses and, hence, could not have relied on it. ",
"Tim's expenditures were not proved to be reasonable and customary."
] | 3D | |
While Prudence was leaving an elevator, it suddenly dropped several inches, causing her to fall. An investigation of the accident revealed that the elevator dropped because it had been negligently maintained by the Acme Elevator Company. Acme had a contract with the owner of the building to inspect and maintain the ele... | [
"nothing, if Acme could not reasonably have been expected to foresee the extent of the harm that Prudence suffered as a result of the accident. ",
"nothing, if the accident would not have caused significant harm to an ordinarily prudent elevator passenger. ",
"damages for the full amount of her disability, beca... | 3D | |
Dix is on trial for killing Vetter. The prosecutor calls Winn to testify that after being shot, Vetter said, "Dix did it." Before the testimony is given, Dix's lawyer asks for a hearing on whether Vetter believed his death was imminent when he made the statement. Before permitting evidence of the dying declaration, the... | [
"both sides, with the jury not present, and decide whether Winn may testify to Vetter's statement. ",
"both sides, with the jury present, and decide whether Winn may testify to Vetter's statement. ",
"both sides, with the jury present, and allow the jury to determine whether Winn may testify to Vetter's stateme... | 0A | |
Police received an anonymous tip that Tusitala was growing marijuana in her backyard, which was surrounded by a 15-foot high, solid wooden fence. Officer Boa was unable to view the yard from the street, so he used a police helicopter to fly over Tusitala's house. Boa identified a large patch of marijuana plants growing... | [
"grant the motion, because the only purpose of Boa's flight was to observe the yard. ",
"grant the motion, because Tusitala had a reasonable expectation of privacy in the curtilage around her house and the police did not have a warrant. ",
"deny the motion, because a warrant is not required for a search of a re... | 3D | |
Buyem faxed the following signed message to Zeller, his long-time widget supplier: "Urgently need blue widgets. Ship immediately three gross at your current list price of $600." Upon receipt of the fax, Zeller shipped three gross of red widgets to Buyem, and faxed to Buyem the following message: "Temporarily out of blu... | [
"Buyem may accept the shipment, in which case he must pay Zeller the list price, or he must reject the shipment and recover from Zeller for total breach of contract. ",
"Buyem may accept the shipment, in (B) Buyem may accept the shipment, in which case he must pay Zeller the list price, or he may reject the shipm... | 1B | |
Members of a religious group calling itself the Friends of Lucifer believe in Lucifer as their Supreme Being. The members of this group meet once a year on top of Mt. Snow, located meet once a year on top of Mt. Snow, located in a U.S. National Park, to hold an overnight encampment and a midnight dance around a large c... | [
"invalid, because the free exercise clause of the First Amendment prohibits the Park Service from knowingly interfering with religious conduct. ",
"invalid, because these facts demonstrate that the action of the Park Service purposefully and invidiously discriminated against the Friends of Lucifer. ",
"valid, b... | 3D | |
Park sued Davis Co. for injuries suffered in the crash of Park's dune buggy, allegedly caused by a defective auto part manufactured by Davis Co. Davis Co. claims that the part was a fraudulent imitation, not produced by Davis Co. Which of the following is NOT admissible on the issue of whether the part was manufactured... | [
"The fact that the defective part bears Davis Co.'s insignia or trademark.",
"Testimony that the part was purchased from a parts house to which Davis Co. regularly sold parts.",
"The part itself and a concededly genuine part manufactured by Davis Co. (for the jury's comparison).",
"A judgment for another plai... | 3D | |
Anna entered into a valid written contract to purchase Blackacre, a large tract of land, from Jones for its fair market value of $50,000. The contract was assignable by Anna. Anna duly notified Jones to convey title to Anna and Charles, Charles being Anna's friend whom Anna had not seen for many years. When Anna learne... | [
"all in Jones.",
"all in Anna.",
"one-half in Anna and one-half in Jones.",
"one-half in Anna and one-half in Nelson."
] | 2C | |
Staff, Inc., a flour wholesaler, contracted to deliver to Eclaire, a producer of fine baked goods, her flour requirements for a one-year period. Before delivery of the first scheduled installment, Staff sold its business and "assigned" all of its sale contracts to Miller, Inc., another reputable and long-time flour Mil... | [
"I only.",
"II and III only.",
"I and II and III.",
"Neither I nor II nor III."
] | 3D | |
Staff, Inc., a flour wholesaler, contracted to deliver to Eclaire, a producer of fine baked goods, her flour requirements for a one-year period. Before delivery of the first scheduled installment, Staff sold its business and "assigned" all of its sale contracts to Miller, Inc., another reputable and long-time flour Mil... | [
"I only.",
"II only.",
"I and III only. (C) I and III only.",
"Neither I nor II nor III."
] | 3D | |
On October 22, Officer Jones submitted an application for a warrant to search 217 Elm Street for cocaine. In the application, Officer Jones stated under oath that he believed there was cocaine at that location because of information supplied to him on the morning of October 22 by Susie Schultz. He described Schultz as ... | [
"because the application contains a material statement that is false.",
"because of the false statement and because no cocaine was found in the house.",
"only if he also finds that Susie Schultz's statement was a deliberate lie.",
"only if he also finds that Officer Jones knew the statement was false."
] | 3D | |
The Personnel Handbook of Green City contains all of that city's personnel policies. One section of the handbook states that One section of the handbook states that "where feasible and practicable supervisors are encouraged to follow the procedures specified in this Handbook before discharging a city employee." Those s... | [
"The Green City Council must demonstrate that its personnel handbook created no constitutionally protected interest in city employment or in the procedures by which such employment is terminated.",
"The Green City Council must demonstrate that Baker's termination was for good cause.",
"Baker must demonstrate th... | 2C | |
Dean was prosecuted in federal court for making threats against the President of the United States. Dean was a voluntary patient in a private psychiatric hospital and told a nurse, shortly before the President came to town, that Dean planned to shoot the President. The nurse reported the threat to FBI agents. Dean's mo... | [
"successful, because the statement was made in a medical setting. ",
"successful, because the nurse violated a confidence in reporting the statement. ",
"unsuccessful, because the statement was not within any privilege. ",
"unsuccessful, because Dean had not been committed involuntarily by court order. "
] | 2C | |
Able, who owned Blackacre, a residential lot improved with a dwelling, conveyed it for a valuable consideration to Baker. The dwelling had been constructed by a prior owner. Baker had inspected Blackacre prior to the purchase and discovered no defects. After moving in, Baker became aware that sewage seeped into the bas... | [
"Able failed to disclose a latent defect.",
"Baker made a proper inspection.",
"the situation constitutes a health hazard.",
"Able breached the implied warranty of habitability and fitness for purpose."
] | 0A | |
Gardner's backyard, which is landscaped with expensive flowers and shrubs, is adjacent to a golf course. While Driver was playing golf on the course, a thunderstorm suddenly came up. As Driver was returning to the clubhouse in his golf cart, lightning struck a tree on the course, and the tree began to fall in Driver's ... | [
"prevail, because, although occasioned by necessity, Driver's entry onto Gardner's property was for Driver's benefit. ",
"prevail, for nominal damages only, because Driver was privileged to enter Gardner's property. ",
"not prevail, because the lightning was an act of God. ",
"not prevail, because Driver's en... | 0A | |
Steve, in desperate need of money, decided to hold up a local convenience store. Determined not to harm anyone, he carried a toy gun that resembled a real gun. In the store, he pointed the toy gun at the clerk and demanded money. A customer who entered the store and saw the robbery in progress pulled his own gun and fi... | [
"did not intend to kill.",
"did not commit the robbery because he never acquired any money from the clerk.",
"did not intend to create any risk of harm.",
"is not responsible for the acts of the customer."
] | 3D | |
Client consulted Lawyer about handling the sale of Client's building, and asked Lawyer what her legal fee would be. Lawyer replied that her usual charge was $100 per hour, and estimated that the legal work on behalf of Client would cost about $5,000 at that rate. Client said, "Okay; let's proceed with it," and Lawyer t... | [
"Nothing, because the risk of unexpected title problems in a real-property transaction is properly allocable to the seller's attorney and thus to Lawyer in seller's attorney and thus to Lawyer in this case. ",
"Nothing, because the amount of Lawyer's fee was disputed in good faith by Client, and Lawyer impliedly ... | 1B | |
Pauline and Doris own adjacent parcels of land. On each of their parcels was a low-rise office building. The two office buildings were of the same height. Last year Doris decided to demolish the lowrise office building on her parcel and to erect a new high-rise office building of substantially greater height on the par... | [
"grant to Pauline the requested injunction.",
"award Pauline damages measured by the loss of rental value, but not an injunction. ",
"grant judgment for Doris, because she had secured all the necessary governmental approvals for the new building. ",
"grant judgment for Doris, because Pauline has no legal righ... | 3D | |
Dumont, a real estate developer, was trying to purchase land on which he intended to build a large commercial development. Perkins, an elderly widow, had rejected all of Dumont's offers to buy her ancestral home, where she had lived all her life and which was located in the middle of Dumont's planned development. Final... | [
"Yes, if Dumont's action was extreme and outrageous. ",
"Yes, because Perkins was frightened and outraged. ",
"No, if Perkins did not suffer emotional distress that was severe. ",
"No, if it was not Dumont's purpose to cause emotional distress. "
] | 2C | |
Dumont, a real estate developer, was trying to purchase land on which he intended to build a large commercial development. Perkins, an elderly widow, had rejected all of Dumont's offers to buy her ancestral home, where she had lived all her life and which was located in the middle of Dumont's planned development. Final... | [
"Yes, if Dumont knew he had no legal power of condemnation. ",
"Yes, if Dumont tried to take unfair advantage of a gross difference between himself and Perkins in commercial knowledge and experience. ",
"No, if Dumont's offer of $250,000 equaled or exceeded the market value of Perkins's property. ",
"No, beca... | 3D | |
State Y employs the Model Penal Code or American Law Institute test for insanity, and requires the state to prove sanity, when it is in issue, beyond a reasonable doubt. At Askew's trial for murder, he pleaded insanity. The state put on an expert psychiatrist who had examined Askew. He testified that, in his opinion, A... | [
"She may grant a directed verdict for the defense if she believes that the jury could not find the prosecution to have proved sanity beyond a reasonable doubt.",
"She may grant a directed verdict for the prosecution if she believes that Askew's witnesses on the insanity question are not believable.",
"She may n... | 0A | |
Trelawney worked at a day-care center run by the Happy Faces Day Care Corporation. At the the Happy Faces Day Care Corporation. At the center, one of the young charges, Smith, often arrived with bruises and welts on his back and legs. A statute in the jurisdiction requires all day-care workers to report to the police c... | [
"he was not aware of the duty-to-report statute.",
"he lacked the mental state necessary to the commission of the crime.",
"his omission was not the proximate cause of death.",
"the day-care corporation, rather than Trelawney, was guilty of the omission, which was sanctioned by its supervisorylevel agent. "
] | 1B | |
Perkins and Morton were passengers sitting in adjoining seats on a flight on Delval Airline. There were many empty seats on the aircraft. During the flight, a flight attendant served Morton nine drinks. As Morton became more and more obviously intoxicated and attempted to engage Perkins in a conversation, Perkins chose... | [
"not recover, because a person is not required by law to come to the assistance of another who is imperiled by a third party. ",
"not recover, if Perkins could easily have moved to another seat. ",
"recover, because a common carrier is strictly liable for injuries suffered by a passenger while aboard the carrie... | 3D | |
Perkins and Morton were passengers sitting in adjoining seats on a flight on Delval Airline. There were many empty seats on the aircraft. During the flight, a flight attendant served Morton nine drinks. As Morton became more and more obviously intoxicated and attempted to engage Perkins in a conversation, Perkins chose... | [
"prevail, because she suffered an intentionally inflicted harmful or offensive contact. ",
"prevail, if the flight attendant acted recklessly in continuing to serve liquor to Morton. ",
"not prevail, because Morton was not acting as an agent or employee of Delval Airline. ",
"not prevail, unless she can estab... | 2C | |
Terrorists in the foreign country of Ruritania kidnapped the United States ambassador to that country. They threatened to kill her unless the President of the United States secured the release of an identified person who was a citizen of Ruritania and was held in a prison of the state of Aurora in the United States pur... | [
"The power of the President to conduct the foreign affairs of the United States includes a plenary authority to take whatever action the President deems wise to protect the safety of our diplomatic agents.",
"The power of the President to appoint ambassadors authorizes him to take any action that he may think des... | 2C | |
Damson was charged with murder, and Wagner testified for the prosecution. On crossexamination of Wagner, Damson seeks to elicit an admission that Wagner was also charged with the same murder and that the prosecutor told her, "If you testify against Damson, we will drop the charges against you after the conclusion of Da... | [
"admissible, as proper impeachment of Wagner. ",
"admissible, as an admission by an agent of a party-opponent. ",
"inadmissible, because the law encourages plea-bargaining. ",
"inadmissible, because the evidence is hearsay not within any exception. "
] | 0A | |
On November 1, Debbit, an accountant, and Barrister, a lawyer, contracted for the sale by Debbit to Barrister of the law books Debbit had inherited from his father. Barrister agreed to pay the purchase price of $10,000 when Debbit delivered the books on December 1. On November 10, Barrister received a signed letter fro... | [
"Barrister provided a new bargained-for exchange by agreeing to take the stacks.",
"Debbit's letter (received by Barrister on November 10) and Barrister's faxmessage of November 14 constituted an effective modification of the original sale-of-books contract.",
"Barrister's fax-message of November 14 operated to... | 1B | |
On November 1, Debbit, an accountant, and Barrister, a lawyer, contracted for the sale by Debbit to Barrister of the law books Debbit had inherited from his father. Barrister agreed to pay the purchase price of $10,000 when Debbit delivered the books on December 1. On November 10, Barrister received a signed letter fro... | [
"Yes, because Barrister had a pre-existing obligation to pay $10,000 for the law books. ",
"Yes, because Debbit was not a merchant with respect to book stacks. ",
"No, because Debbit had given a signed assurance that the offer would be held open until November 15. ",
"No, because by delaying his acceptance un... | 1B | |
Seller owned Blackacre, improved with an aging four-story warehouse. The warehouse was built to the lot lines on all four sides. On the street side, recessed loading docks permitted semi-trailers to be backed in. After the tractors were unhooked, the trailers extended into the street and occupied most of one lane of th... | [
"misrepresentation.",
"breach of the covenant of warranty.",
"failure of consideration.",
"mutual mistake."
] | 0A | |
Prescott sued Doxie for fraud. After verdict for Prescott, Doxie talked with juror Wall about the trial. Doxie's motion for a new trial would be most likely granted if Wall is willing to testify that he voted for Prescott because he | [
"misunderstood the judge's instructions concerning the standard of proof in a fraud case.",
"was feeling ill and needed to get home quickly.",
"relied on testimony that the judge had stricken and ordered the jury to disregard.",
"learned from a court clerk that Doxie had (D) learned from a court clerk that Do... | 3D | |
Despondent over losing his job, Wilmont drank all night at a bar. While driving home, he noticed a car following him and, in his intoxicated state, concluded he was being followed by robbers. In fact, a police car was following him on suspicion of drunk driving. In his effort to get away, Wilmont sped through a stop si... | [
"acquitted, because he honestly believed he faced an imminent threat of death or severe bodily injury. ",
"acquitted, because his intoxication prevented him from appreciating the risk he created. ",
"convicted, because he acted recklessly and in fact was in no danger. ",
"convicted, because he acted recklessl... | 3D |
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