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Storekeeper, the owner of a large hardware store, sells power saws for both personal and commercial use. He often takes old power saws as trade-ins on new ones. The old power saws are then completely disassembled and rebuilt with new bearings by Storekeeper's employees and sold by Storekeeper as "reconditioned saws." P... | not recover, because the saw had been rebuilt by Storekeepe | null |
Storekeeper, the owner of a large hardware store, sells power saws for both personal and commercial use. He often takes old power saws as trade-ins on new ones. The old power saws are then completely disassembled and rebuilt with new bearings by Storekeeper's employees and sold by Storekeeper as "reconditioned saws." P... | recover, because Power Saw Company was in the business of manufacturing dangerous machines. | 0.3 |
Storekeeper, the owner of a large hardware store, sells power saws for both personal and commercial use. He often takes old power saws as trade-ins on new ones. The old power saws are then completely disassembled and rebuilt with new bearings by Storekeeper's employees and sold by Storekeeper as "reconditioned saws." P... | not recover, because economic loss from injury to an employee is not within the scope of Storekeeper's duty. | null |
Storekeeper, the owner of a large hardware store, sells power saws for both personal and commercial use. He often takes old power saws as trade-ins on new ones. The old power saws are then completely disassembled and rebuilt with new bearings by Storekeeper's employees and sold by Storekeeper as "reconditioned saws." P... | recover, because the reconditioned power saw was the direct cause of Purchaser's loss of business | 0.3 |
Storekeeper, the owner of a large hardware store, sells power saws for both personal and commercial use. He often takes old power saws as trade-ins on new ones. The old power saws are then completely disassembled and rebuilt with new bearings by Storekeeper's employees and sold by Storekeeper as "reconditioned saws." P... | recover unless Employee knew that the shaft was coming loose. | null |
Storekeeper, the owner of a large hardware store, sells power saws for both personal and commercial use. He often takes old power saws as trade-ins on new ones. The old power saws are then completely disassembled and rebuilt with new bearings by Storekeeper's employees and sold by Storekeeper as "reconditioned saws." P... | not recover unless Purchaser told Storekeeper that Employee would use the power saw. | 0.3 |
Storekeeper, the owner of a large hardware store, sells power saws for both personal and commercial use. He often takes old power saws as trade-ins on new ones. The old power saws are then completely disassembled and rebuilt with new bearings by Storekeeper's employees and sold by Storekeeper as "reconditioned saws." P... | strict liability in tort. | null |
Storekeeper, the owner of a large hardware store, sells power saws for both personal and commercial use. He often takes old power saws as trade-ins on new ones. The old power saws are then completely disassembled and rebuilt with new bearings by Storekeeper's employees and sold by Storekeeper as "reconditioned saws." P... | negligence, relying on the sale of an inherently dangerous produc | 0.3 |
Storekeeper, the owner of a large hardware store, sells power saws for both personal and commercial use. He often takes old power saws as trade-ins on new ones. The old power saws are then completely disassembled and rebuilt with new bearings by Storekeeper's employees and sold by Storekeeper as "reconditioned saws." P... | the blade was being put to an improper use. | null |
Storekeeper, the owner of a large hardware store, sells power saws for both personal and commercial use. He often takes old power saws as trade-ins on new ones. The old power saws are then completely disassembled and rebuilt with new bearings by Storekeeper's employees and sold by Storekeeper as "reconditioned saws." P... | Employee did not purchase the saw blade. | 0.3 |
In which of the following situations is Defendant most likely to be guilty of common law murder?
0. Angered because his neighbor is having a noisy party, Defendant fires a rifle into the neighbor's house. The bullet strikes and kills a guest at the party.
1. During an argument, Harry slaps Defendant. Angered, Defendan... | Angered because his neighbor is having a noisy party, Defendant fires a rifle into the neighbor's house. The bullet strikes and kills a guest at the party. | null |
In which of the following situations is Defendant most likely to be guilty of common law murder?
0. Angered because his neighbor is having a noisy party, Defendant fires a rifle into the neighbor's house. The bullet strikes and kills a guest at the party.
1. During an argument, Harry slaps Defendant. Angered, Defendan... | During an argument, Harry slaps Defendant. Angered, Defendant responds by shooting and killing Harry. | 0.3 |
Miller is tried for armed robbery of the First Bank of City.The prosecution, in its case in chief, offers evidence that when Miller was arrested one day after the crime, he had a quantity of heroin and a hypodermic needle in his possession. This evidence should be
0. admitted to prove Miller's motive to commit the crim... | excluded, because its probative value is substantially outweighed by the danger of unfair prejudice. | null |
Miller is tried for armed robbery of the First Bank of City.The prosecution, in its case in chief, offers evidence that when Miller was arrested one day after the crime, he had a quantity of heroin and a hypodermic needle in his possession. This evidence should be
0. admitted to prove Miller's motive to commit the crim... | admitted to prove Miller's motive to commit the crime. | 0.3 |
Miller is tried for armed robbery of the First Bank of City.. The prosecutor offers the testimony of a bartender who will say that when he saw the money in Miller's wallet, he said, "You must have robbed a bank," to which Miller made no reply. This evidence is
0. admissible to prove that Miller's conduct caused the bar... | inadmissible, because Miller had no reason to respond to the bartender's statement. | null |
Miller is tried for armed robbery of the First Bank of City.. The prosecutor offers the testimony of a bartender who will say that when he saw the money in Miller's wallet, he said, "You must have robbed a bank," to which Miller made no reply. This evidence is
0. admissible to prove that Miller's conduct caused the bar... | admissible to prove that Miller's conduct caused the bartender to believe that Miller robbed the bank. | 0.3 |
Miller is tried for armed robbery of the First Bank of City.At the request of police, the teller who was robbed prepared a sketch bearing a strong likeness to Miller, but the teller died in an automobile accident before Miller was arrested. At trial the prosecution offers the sketch. The sketch is
0. admissible as an i... | inadmissible as hearsay, not within any exception. | null |
Miller is tried for armed robbery of the First Bank of City.At the request of police, the teller who was robbed prepared a sketch bearing a strong likeness to Miller, but the teller died in an automobile accident before Miller was arrested. At trial the prosecution offers the sketch. The sketch is
0. admissible as an i... | admissible as an identification of a person after perceiving him. | 0.3 |
Miller is tried for armed robbery of the First Bank of City.Miller testified on direct examination that he had never been in the First Bank of City. His counsel asked, "What, if anything, did you tell the police when you were arrested?" If his answer was "I told them I had never been in the bank," this answer would be
... | inadmissible as hearsay, not within any exception. | null |
Miller is tried for armed robbery of the First Bank of City.Miller testified on direct examination that he had never been in the First Bank of City. His counsel asked, "What, if anything, did you tell the police when you were arrested?" If his answer was "I told them I had never been in the bank," this answer would be
... | inadmissible, because it was a self-serving statement by a person with a substantial motive to fabricate | 0.3 |
Miller is tried for armed robbery of the First Bank of City.On cross-examination of Miller, the prosecutor asks Miller whether he was convicted the previous year of tax fraud. This question is
0. proper to show that Miller is inclined to lie.
1. proper to show that Miller is inclined to steal money.
2. improper, becaus... | proper to show that Miller is inclined to lie. | null |
Miller is tried for armed robbery of the First Bank of City.On cross-examination of Miller, the prosecutor asks Miller whether he was convicted the previous year of tax fraud. This question is
0. proper to show that Miller is inclined to lie.
1. proper to show that Miller is inclined to steal money.
2. improper, becaus... | improper, because the probative value of the evidence is outweighed by the danger of unfair prejudice | 0.3 |
In an effort to relieve serious and persistent unemployment in the industrialized state of Onondaga, its legislature enacted a statute requiring every business with annual sales in Onondaga of over one million dollars to purchase goods and/or services in Onondaga equal in value to at least half of the annual sales in O... | The commerce clause. | null |
In an effort to relieve serious and persistent unemployment in the industrialized state of Onondaga, its legislature enacted a statute requiring every business with annual sales in Onondaga of over one million dollars to purchase goods and/or services in Onondaga equal in value to at least half of the annual sales in O... | The equal protection clause. | 0.3 |
Tess occupied an apartment in a building owned by Len. She paid rent of $125 in advance each month. During the second month of occupancy, Tess organized the tenants in the building as a tenants' association and the association made demands of Len concerning certain repairs and improvements the tenants wanted. When Tess... | the doctrine prohibiting retaliatory eviction is part of the law of the jurisdiction. | null |
Tess occupied an apartment in a building owned by Len. She paid rent of $125 in advance each month. During the second month of occupancy, Tess organized the tenants in the building as a tenants' association and the association made demands of Len concerning certain repairs and improvements the tenants wanted. When Tess... | the law implies a term of one year in the absence of any express agreement | 0.3 |
Meadowview is a large tract of undeveloped land. Black, the owner of Meadowview, prepared a development plan creating 200 house lots in Meadowview with the necessary streets and public areas. The plan was fully approved by all necessary governmental agencies and duly recorded. However, construction of the streets, util... | Breyer's right must await the action of appropriate public authorities to open College Avenue as a public street, since no private easements arose by implication. | null |
Meadowview is a large tract of undeveloped land. Black, the owner of Meadowview, prepared a development plan creating 200 house lots in Meadowview with the necessary streets and public areas. The plan was fully approved by all necessary governmental agencies and duly recorded. However, construction of the streets, util... | Breyer's right to use College Avenue is restricted to the assertion of a way by necessity and the facts preclude the success of such a claim. | 0.3 |
John Doe, the owner of a milk container manufacturing firm, sought to focus public attention on the milk packaging law of the State of Clinton in order to have it repealed. On a weekday at 12 noon, he delivered an excited, animated, and loud harangue on the steps of the State Capitol in front of the main entryway. An a... | The state would have to prove that it had a compelling need for this statute and that there were no less restrictive means by which it could satisfy that need | null |
John Doe, the owner of a milk container manufacturing firm, sought to focus public attention on the milk packaging law of the State of Clinton in order to have it repealed. On a weekday at 12 noon, he delivered an excited, animated, and loud harangue on the steps of the State Capitol in front of the main entryway. An a... | The state would have to prove that it had a rational basis for enacting this statute. | 0.3 |
John Doe, the owner of a milk container manufacturing firm, sought to focus public attention on the milk packaging law of the State of Clinton in order to have it repealed. On a weekday at 12 noon, he delivered an excited, animated, and loud harangue on the steps of the State Capitol in front of the main entryway. An a... | A politician intending to make a campaign speech on the Capitol steps during a prohibited time. | null |
John Doe, the owner of a milk container manufacturing firm, sought to focus public attention on the milk packaging law of the State of Clinton in order to have it repealed. On a weekday at 12 noon, he delivered an excited, animated, and loud harangue on the steps of the State Capitol in front of the main entryway. An a... | An organization whose purpose was "to seek judicial invalidation of unconstitutional laws." | 0.3 |
John Doe, the owner of a milk container manufacturing firm, sought to focus public attention on the milk packaging law of the State of Clinton in order to have it repealed. On a weekday at 12 noon, he delivered an excited, animated, and loud harangue on the steps of the State Capitol in front of the main entryway. An a... | constitutional both on its face and as applied to Doe. | null |
John Doe, the owner of a milk container manufacturing firm, sought to focus public attention on the milk packaging law of the State of Clinton in order to have it repealed. On a weekday at 12 noon, he delivered an excited, animated, and loud harangue on the steps of the State Capitol in front of the main entryway. An a... | unconstitutional on its face, because it applies to all working days. | 0.3 |
John Doe, the owner of a milk container manufacturing firm, sought to focus public attention on the milk packaging law of the State of Clinton in order to have it repealed. On a weekday at 12 noon, he delivered an excited, animated, and loud harangue on the steps of the State Capitol in front of the main entryway. An a... | The statute is constitutional on its face, but Doe could not constitutionally be punished under it for this speech. | null |
John Doe, the owner of a milk container manufacturing firm, sought to focus public attention on the milk packaging law of the State of Clinton in order to have it repealed. On a weekday at 12 noon, he delivered an excited, animated, and loud harangue on the steps of the State Capitol in front of the main entryway. An a... | Doe could constitutionally be punished under the statute for his speech. | 0.3 |
John Doe, the owner of a milk container manufacturing firm, sought to focus public attention on the milk packaging law of the State of Clinton in order to have it repealed. On a weekday at 12 noon, he delivered an excited, animated, and loud harangue on the steps of the State Capitol in front of the main entryway. An a... | Application of this statute to Doe denies him equal protection of the laws in violation of the Fourteenth Amendment. | null |
John Doe, the owner of a milk container manufacturing firm, sought to focus public attention on the milk packaging law of the State of Clinton in order to have it repealed. On a weekday at 12 noon, he delivered an excited, animated, and loud harangue on the steps of the State Capitol in front of the main entryway. An a... | This statute is an establishment of religion and therefore violates the due process clause of the Fourteenth Amendment. | 0.3 |
Peri sued Denucci for a libelous letter received by Investigator. The authenticity and contents of the letter are disputed.Peri's attorney asks Investigator to testify that, a week before receiving the libelous letter, he had written to Denucci inquiring about Peri. The testimony is
0. admissible provided that this inq... | admissible without production of the inquiry letter or the showing of its unavailability. | null |
Peri sued Denucci for a libelous letter received by Investigator. The authenticity and contents of the letter are disputed.Peri's attorney asks Investigator to testify that, a week before receiving the libelous letter, he had written to Denucci inquiring about Peri. The testimony is
0. admissible provided that this inq... | inadmissible unless the inquiry letter itself is shown to be unavailable. | 0.3 |
Peri sued Denucci for a libelous letter received by Investigator. The authenticity and contents of the letter are disputed.Investigator, if permitted, will testify that "I received a letter that I cannot now find, which read: ΒΒDear Investigator, You inquired about Peri. We fired him last month when we discovered that... | judge finds that the original letter is unavailable | null |
Peri sued Denucci for a libelous letter received by Investigator. The authenticity and contents of the letter are disputed.Investigator, if permitted, will testify that "I received a letter that I cannot now find, which read: ΒΒDear Investigator, You inquired about Peri. We fired him last month when we discovered that... | jury is satisfied that the original letter is unavailable. | 0.3 |
Photo, a freelance photographer, took a picture of Player in front of Shoe Store. Player was a nationally known amateur basketball star who had received much publicity in the press. At the time, the window display in Shoe Store featured "Jumpers," a well-known make of basketball shoes. Photo sold the picture, greatly e... | Yes, if Shoe Store was reckless in accepting Photo's statement that Photo had Player's approval. | null |
Photo, a freelance photographer, took a picture of Player in front of Shoe Store. Player was a nationally known amateur basketball star who had received much publicity in the press. At the time, the window display in Shoe Store featured "Jumpers," a well-known make of basketball shoes. Photo sold the picture, greatly e... | No, because the picture of Player was not defamatory per se | 0.3 |
Photo, a freelance photographer, took a picture of Player in front of Shoe Store. Player was a nationally known amateur basketball star who had received much publicity in the press. At the time, the window display in Shoe Store featured "Jumpers," a well-known make of basketball shoes. Photo sold the picture, greatly e... | Yes, because Shoe Store, without Player's permission, used Player's picture for profit. | null |
Photo, a freelance photographer, took a picture of Player in front of Shoe Store. Player was a nationally known amateur basketball star who had received much publicity in the press. At the time, the window display in Shoe Store featured "Jumpers," a well-known make of basketball shoes. Photo sold the picture, greatly e... | No, because Shoe Store believed it had permission to put the picture in the window | 0.3 |
Landover, the owner in fee simple of Highacre, an apartment house property, entered into an enforceable written agreement with VanMeer to sell Highacre to VanMeer. The agreement provided that a good and marketable title was to be conveyed free and clear of all encumbrances. However, the agreement was silent as to the r... | the doctrine of equitable conversion applie | null |
Landover, the owner in fee simple of Highacre, an apartment house property, entered into an enforceable written agreement with VanMeer to sell Highacre to VanMeer. The agreement provided that a good and marketable title was to be conveyed free and clear of all encumbrances. However, the agreement was silent as to the r... | the failure of VanMeer to insure his interest as the purchaser of Highacre precludes any relief for him. | 0.3 |
Realco Realtors acquired a large tract of land upon which Realco developed a mobile home subdivision. The tract was divided into 60 lots, appropriate utilities were installed, and a plat of the entire tract, including a Declaration of Restrictions, was properly drawn and recorded. The Declaration of Restrictions includ... | enforcement of the restriction is considered a violation of the equal protection clause of the Fourteenth Amendment of the United States Constitution. | null |
Realco Realtors acquired a large tract of land upon which Realco developed a mobile home subdivision. The tract was divided into 60 lots, appropriate utilities were installed, and a plat of the entire tract, including a Declaration of Restrictions, was properly drawn and recorded. The Declaration of Restrictions includ... | the terms of the restriction are expressly repeated verbatim in Dawson's dee | 0.3 |
Defendant became intoxicated at a bar. He got into his car and drove away. Within a few blocks, craving another drink, he stopped his car in the middle of the street, picked up a brick, and broke the display window of a liquor store. As he was reaching for a bottle, the night watchman arrived. Startled, Defendant turne... | intoxication is a defense to the underlying crime of burglary if Defendant, due to drunkenness, did not form an intent to commit a crime within the building, in which case there can be no conviction for murder unless Defendant intentionally and with premeditation killed the watchman. | null |
Defendant became intoxicated at a bar. He got into his car and drove away. Within a few blocks, craving another drink, he stopped his car in the middle of the street, picked up a brick, and broke the display window of a liquor store. As he was reaching for a bottle, the night watchman arrived. Startled, Defendant turne... | voluntary intoxication is not a defense to the crime of murder. | 0.3 |
Defendant became intoxicated at a bar. He got into his car and drove away. Within a few blocks, craving another drink, he stopped his car in the middle of the street, picked up a brick, and broke the display window of a liquor store. As he was reaching for a bottle, the night watchman arrived. Startled, Defendant turne... | he was too intoxicated to realize that he was creating a substantial and unjustifiable risk in the manner in which he was operating his car. | null |
Defendant became intoxicated at a bar. He got into his car and drove away. Within a few blocks, craving another drink, he stopped his car in the middle of the street, picked up a brick, and broke the display window of a liquor store. As he was reaching for a bottle, the night watchman arrived. Startled, Defendant turne... | he was too intoxicated to form any intent to voluntarily operate the automobil | 0.3 |
Defendant became intoxicated at a bar. He got into his car and drove away. Within a few blocks, craving another drink, he stopped his car in the middle of the street, picked up a brick, and broke the display window of a liquor store. As he was reaching for a bottle, the night watchman arrived. Startled, Defendant turne... | conscious risk-taking refers to Defendant's entire course of conduct, including drinking with the knowledge that he might become intoxicated and seriously injure or kill someone while driving. | null |
Defendant became intoxicated at a bar. He got into his car and drove away. Within a few blocks, craving another drink, he stopped his car in the middle of the street, picked up a brick, and broke the display window of a liquor store. As he was reaching for a bottle, the night watchman arrived. Startled, Defendant turne... | whether Defendant was intoxicated or not is not the crucial issue here; the real issue is whether the manner in which Defendant was operating his car can be characterized under the facts as criminally reckless | 0.3 |
The Federal Automobile Safety Act establishes certain safety and performance standards for all automobiles manufactured in the United States. The Act creates a five-member "Automobile Commission" to investigate automobile safety, to make recommendations to Congress for new laws, to make further rules establishing safet... | the Commission lacks authority to enforce its standards because not all of its members were appointed by the President | null |
The Federal Automobile Safety Act establishes certain safety and performance standards for all automobiles manufactured in the United States. The Act creates a five-member "Automobile Commission" to investigate automobile safety, to make recommendations to Congress for new laws, to make further rules establishing safet... | Minicar is denied due process of law because it is not represented on the Commission. | 0.3 |
The Federal Automobile Safety Act establishes certain safety and performance standards for all automobiles manufactured in the United States. The Act creates a five-member "Automobile Commission" to investigate automobile safety, to make recommendations to Congress for new laws, to make further rules establishing safet... | allow the Commission to continue investigating automobile safety and making recommendations to Congress. | null |
The Federal Automobile Safety Act establishes certain safety and performance standards for all automobiles manufactured in the United States. The Act creates a five-member "Automobile Commission" to investigate automobile safety, to make recommendations to Congress for new laws, to make further rules establishing safet... | forbid the Commission to take any action under the act. | 0.3 |
Johnson wanted to purchase a used motor vehicle. The used car lot of Car Company, in a remote section away from town, was enclosed by a 10-foot chainlink fence. While Johnson and Sales Representative, an employee of Car Company, were in the used car lot looking at cars, a security guard locked the gate at 1:30 p.m., be... | No, if it appeared that there was no other practicable way of getting out of the lot before Monday. | null |
Johnson wanted to purchase a used motor vehicle. The used car lot of Car Company, in a remote section away from town, was enclosed by a 10-foot chainlink fence. While Johnson and Sales Representative, an employee of Car Company, were in the used car lot looking at cars, a security guard locked the gate at 1:30 p.m., be... | No, because Johnson was confined as the result of a volitional act | 0.3 |
Johnson wanted to purchase a used motor vehicle. The used car lot of Car Company, in a remote section away from town, was enclosed by a 10-foot chainlink fence. While Johnson and Sales Representative, an employee of Car Company, were in the used car lot looking at cars, a security guard locked the gate at 1:30 p.m., be... | No, unless the security guard knew that someone was in the lot at the time the guard locked the gate | null |
Johnson wanted to purchase a used motor vehicle. The used car lot of Car Company, in a remote section away from town, was enclosed by a 10-foot chainlink fence. While Johnson and Sales Representative, an employee of Car Company, were in the used car lot looking at cars, a security guard locked the gate at 1:30 p.m., be... | Yes, because he was confined against his will. | 0.3 |
Lester, the owner in fee simple of a small farm consisting of 30 acres of land improved with a house and several outbuildings, leased the same to Tanner for a 10-year period. After two years had expired, the government condemned 20 acres of the property and allocated the compensation award to Lester and Tanner accordin... | win, because the relationship of landlord and tenant was unaffected by the condemnation, thus leaving Tanner still obligated to pay rent. | null |
Lester, the owner in fee simple of a small farm consisting of 30 acres of land improved with a house and several outbuildings, leased the same to Tanner for a 10-year period. After two years had expired, the government condemned 20 acres of the property and allocated the compensation award to Lester and Tanner accordin... | win, because of the implied warranty on the part of the tenant to return the demised premises in the same condition at the end of the term as they were at the beginning. | 0.3 |
Statutes in the jurisdiction define criminal assault as "an attempt to commit a criminal battery" and criminal battery as "causing an offensive touching." As Edward was walking down the street, a gust of wind blew his hat off. Edward reached out, trying to grab his hat, and narrowly missed striking Margaret in the face... | not guilty, because he did not intend to hit Margaret. | null |
Statutes in the jurisdiction define criminal assault as "an attempt to commit a criminal battery" and criminal battery as "causing an offensive touching." As Edward was walking down the street, a gust of wind blew his hat off. Edward reached out, trying to grab his hat, and narrowly missed striking Margaret in the face... | guilty, because he should have realized that he might strike someone by reaching out. | 0.3 |
Statutes in the jurisdiction define criminal assault as "an attempt to commit a criminal battery" and criminal battery as "causing an offensive touching." As Edward was walking down the street, a gust of wind blew his hat off. Edward reached out, trying to grab his hat, and narrowly missed striking Margaret in the face... | not guilty, because she was justified in pushing Edward | null |
Statutes in the jurisdiction define criminal assault as "an attempt to commit a criminal battery" and criminal battery as "causing an offensive touching." As Edward was walking down the street, a gust of wind blew his hat off. Edward reached out, trying to grab his hat, and narrowly missed striking Margaret in the face... | guilty, because she caused the touching of Edward whether she meant to do so or not. | 0.3 |
Police were concerned about an increase in marijuana traffic in Defendant's neighborhood. One night, Police Officers, accompanied by dogs trained to sniff out marijuana, went into the backyard of Defendant's house and onto his porch. Defendant and his friend were inside 34 having dinner. The dogs acted as if they smell... | granted, because under the circumstances the police activity violated Defendant's reasonable expectations of privacy. | null |
Police were concerned about an increase in marijuana traffic in Defendant's neighborhood. One night, Police Officers, accompanied by dogs trained to sniff out marijuana, went into the backyard of Defendant's house and onto his porch. Defendant and his friend were inside 34 having dinner. The dogs acted as if they smell... | denied, because Defendant permitted Police Officers to enter his house. | 0.3 |
Drew was tried for the July 21 murder of Victor.In his case in chief, Drew called his first witness, Wilma, to testify to Drew's reputation in his community as a "peaceable man." The testimony is
0. admissible as tending to prove that Drew is believable.
1. admissible as trying to prove that Drew is innocent.
2. inadmi... | admissible as trying to prove that Drew is innocent. | null |
Drew was tried for the July 21 murder of Victor.In his case in chief, Drew called his first witness, Wilma, to testify to Drew's reputation in his community as a "peaceable man." The testimony is
0. admissible as tending to prove that Drew is believable.
1. admissible as trying to prove that Drew is innocent.
2. inadmi... | inadmissible, because Drew has not testified. | 0.3 |
Drew was tried for the July 21 murder of Victor.Drew called William to testify that on July 20 Drew said that he was about to leave that day to visit relatives in a distant state. The testimony is
0. admissible, because it is a declaration of present mental state.
1. admissible, because it is not hearsay.
2. inadmiss... | admissible, because it is a declaration of present mental state. | null |
Drew was tried for the July 21 murder of Victor.Drew called William to testify that on July 20 Drew said that he was about to leave that day to visit relatives in a distant state. The testimony is
0. admissible, because it is a declaration of present mental state.
1. admissible, because it is not hearsay.
2. inadmiss... | admissible, because it is not hearsay. | 0.3 |
Drew was tried for the July 21 murder of Victor."Drew called Wilson to testify to alibi. On crossexamination of Wilson, the prosecution asked, "Isn't it a fact that you are Drew's first cousin?" The question is
0. proper, because it goes to bias.
1. proper, because a relative is not competent to give reputation testim... | proper, because it goes to bias. | null |
Drew was tried for the July 21 murder of Victor."Drew called Wilson to testify to alibi. On crossexamination of Wilson, the prosecution asked, "Isn't it a fact that you are Drew's first cousin?" The question is
0. proper, because it goes to bias.
1. proper, because a relative is not competent to give reputation testim... | improper, because the evidence being sought is irrelevant | 0.3 |
Drew was tried for the July 21 murder of Victor.Drew called Warren to testify to alibi. On crossexamination of Warren, the prosecutor asked, "Weren't you on the jury that acquitted Drew of another criminal charge?" The best reason for sustaining an objection to this question is th
0. the question goes beyond the scope ... | the probative value of the answer would be outweighed by its tendency to mislead. | null |
Drew was tried for the July 21 murder of Victor.Drew called Warren to testify to alibi. On crossexamination of Warren, the prosecutor asked, "Weren't you on the jury that acquitted Drew of another criminal charge?" The best reason for sustaining an objection to this question is th
0. the question goes beyond the scope ... | the question is leading. | 0.3 |
Redirect examination of a witness must be permitted in which of the following circumstances?
0. To reply to any matter raised in crossexamination.
1. Only to reply to significant new matter raised in cross-examination.
2. Only to reiterate the essential elements of the case.
3. Only to supply significant information in... | Only to reply to significant new matter raised in cross-examination. | null |
Redirect examination of a witness must be permitted in which of the following circumstances?
0. To reply to any matter raised in crossexamination.
1. Only to reply to significant new matter raised in cross-examination.
2. Only to reiterate the essential elements of the case.
3. Only to supply significant information in... | To reply to any matter raised in crossexamination. | 0.3 |
On March 1, Mechanic agreed to repair Ohner's machine for $5,000, to be paid on completion of the work. On March 15, before the work was completed, Mechanic sent a letter to Ohner with a copy to Jones, telling Ohner to pay the $5,000 to Jones, who was one of Mechanic's creditors. Mechanic then completed the work. Which... | Mechanic had not performed his work in a workmanlike manner. 35 | null |
On March 1, Mechanic agreed to repair Ohner's machine for $5,000, to be paid on completion of the work. On March 15, before the work was completed, Mechanic sent a letter to Ohner with a copy to Jones, telling Ohner to pay the $5,000 to Jones, who was one of Mechanic's creditors. Mechanic then completed the work. Which... | Jones was incapable of performing Mechanic's work. | 0.3 |
BCD, a manufacturer of computers, pays its salespeople a salary of $1,000 per month and a commission of five percent on billings actually rendered for machines that they sell. BCD salespeople are employed at will under written agreements which provide that in order to receive a commission the salesperson must be in the... | BCD will win, because John was not employed as a BCD salesperson when Bobb was billed for the computer. | null |
BCD, a manufacturer of computers, pays its salespeople a salary of $1,000 per month and a commission of five percent on billings actually rendered for machines that they sell. BCD salespeople are employed at will under written agreements which provide that in order to receive a commission the salesperson must be in the... | BCD will win, because Franklin is entitled to the commission on a quantum meruit basis. | 0.3 |
BCD, a manufacturer of computers, pays its salespeople a salary of $1,000 per month and a commission of five percent on billings actually rendered for machines that they sell. BCD salespeople are employed at will under written agreements which provide that in order to receive a commission the salesperson must be in the... | John will lose, because there is an express contractual provision pre-empting the subject of compensation for his services. | null |
BCD, a manufacturer of computers, pays its salespeople a salary of $1,000 per month and a commission of five percent on billings actually rendered for machines that they sell. BCD salespeople are employed at will under written agreements which provide that in order to receive a commission the salesperson must be in the... | John will lose, because he cannot perform his agreement to assist the customer for six months | 0.3 |
BCD, a manufacturer of computers, pays its salespeople a salary of $1,000 per month and a commission of five percent on billings actually rendered for machines that they sell. BCD salespeople are employed at will under written agreements which provide that in order to receive a commission the salesperson must be in the... | I and II only | null |
BCD, a manufacturer of computers, pays its salespeople a salary of $1,000 per month and a commission of five percent on billings actually rendered for machines that they sell. BCD salespeople are employed at will under written agreements which provide that in order to receive a commission the salesperson must be in the... | I only | 0.3 |
In 1963, Hobson was appointed to a tribunal established pursuant to a congressional act. The tribunal's duties were to review claims made by veterans and to make recommendations to the Veterans Administration on their merits. Congress later abolished the tribunal and established a different format for review of such cl... | grant the motion, because Hobson was not a judge under Article III and is not entitled to life tenure | null |
In 1963, Hobson was appointed to a tribunal established pursuant to a congressional act. The tribunal's duties were to review claims made by veterans and to make recommendations to the Veterans Administration on their merits. Congress later abolished the tribunal and established a different format for review of such cl... | deny the motion, because Hobson has established a property right to his federal employment on the tribunal. | 0.3 |
In 1940, Cattle Company paid $30,000 for a 150- acre tract of agricultural land well suited for a cattle feedlot. The tract was 10 miles from the city of Metropolis, then a community of 50,000 people, and five miles from the nearest home. By 1976, the city limits extended to Cattle Company's feedlot, and the city had a... | prevail if plaintiffs sustained harm different from that suffered by the public at large. | null |
In 1940, Cattle Company paid $30,000 for a 150- acre tract of agricultural land well suited for a cattle feedlot. The tract was 10 miles from the city of Metropolis, then a community of 50,000 people, and five miles from the nearest home. By 1976, the city limits extended to Cattle Company's feedlot, and the city had a... | prevail if Cattle Company's acts interfered with any person's enjoyment of his property. | 0.3 |
Alan, who was already married, went through a marriage ceremony with Betty and committed bigamy. Carl, his friend, who did not know of Alan's previous marriage, had encouraged Alan to marry Betty and was best man at the ceremony. If Carl is charged with being an accessory to bigamy, he should be found
0. not guilty, be... | not guilty, because he did not have the mental state required for aiding and abetting. | null |
Alan, who was already married, went through a marriage ceremony with Betty and committed bigamy. Carl, his friend, who did not know of Alan's previous marriage, had encouraged Alan to marry Betty and was best man at the ceremony. If Carl is charged with being an accessory to bigamy, he should be found
0. not guilty, be... | not guilty, because his encouragement and assistance were not the legal cause of the crime. | 0.3 |
Darlene was arrested on a murder charge. She was given Miranda warnings and refused to talk further with the police. At trial, she testified in her own defense. She recounted in some detail her whereabouts on the day of the crime and explained why she could not have committed the crime. On cross-examination and over de... | reversed, because post-arrest silence constituted Darlene's exercise of her Miranda rights and use of that silence against her at trial violated due process. | null |
Darlene was arrested on a murder charge. She was given Miranda warnings and refused to talk further with the police. At trial, she testified in her own defense. She recounted in some detail her whereabouts on the day of the crime and explained why she could not have committed the crime. On cross-examination and over de... | reversed, because to require the defense to acquaint the prosecution with Darlene's testimony prior to trial would constitute unconstitutional pretrial discover | 0.3 |
Alice was held up at the point of a gun, an unusual revolver with a red-painted barrel, while she was clerking in a neighborhood grocery store. Dennis is charged with armed robbery of Alice. The prosecutor calls Winthrop to testify that, a week after the robbery of Alice, he was robbed by Dennis with a pistol that had ... | admissible as establishing an identifying circumstance. | null |
Alice was held up at the point of a gun, an unusual revolver with a red-painted barrel, while she was clerking in a neighborhood grocery store. Dennis is charged with armed robbery of Alice. The prosecutor calls Winthrop to testify that, a week after the robbery of Alice, he was robbed by Dennis with a pistol that had ... | inadmissible, because it is improper character evidence. | 0.3 |
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