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Question: Peter sued Don for breach of contract. The court admitted testimony by Peter that Don and his wife quarreled frequently, a fact of no consequence to the lawsuit. Don seeks to testify in response that he and his wife never quarreled. The court Options: (A) must permit Don to answer if he had objected to Peter'...
1.328125
Question: In 1970, Oscar, owner of a 100-acre tract, prepared and duly recorded a subdivision plan called Happy Acres. The plan showed 90 one-acre lots and a tenacre tract in the center that was designated "Future Public School." Oscar published and distributed a brochure promoting Happy Acres which emphasized the prox...
1.359375
Question: House owns his home in City. On the lawn in front of his home and within five feet of the public sidewalk there was a large tree. The roots of the tree caused the sidewalk to buckle severely and become dangerous. An ordinance of City requires adjacent landowners to keep sidewalks in safe condition. House enga...
1.265625
Question: The State of Rio Grande entered into a contract with Roads, Inc., for construction of a fourlane turnpike. Prior to commencement of construction, the legislature, in order to provide funds for parks, repealed the statute authorizing the turnpike and cancelled the agreement with Roads, Inc. Roads, Inc., sued t...
1.429688
Question: Devlin was the owner of a large subdivision. Parnell became interested in purchasing a lot but could not decide between Lot 40 and Lot 41. The price and fair market value of each of those two lots was $5,000. Parnell paid Devlin $5,000, which Devlin accepted, and Devlin delivered to Parnell a deed which was p...
1.335938
Question: On March 1, Computer Programs, Inc. (CP) orally agreed with Holiday Department Store (HDS) to write a set of programs for HDS's computer and to coordinate the programs with HDS's billing methods. A subsequent memo, signed by both parties, provided in its entirety: HDS will pay CP $20,000 in two equal installm...
1.21875
Question: On March 1, Computer Programs, Inc. (CP) orally agreed with Holiday Department Store (HDS) to write a set of programs for HDS's computer and to coordinate the programs with HDS's billing methods. A subsequent memo, signed by both parties, provided in its entirety: HDS will pay CP $20,000 in two equal installm...
0.90625
Question: On March 1, Computer Programs, Inc. (CP) orally agreed with Holiday Department Store (HDS) to write a set of programs for HDS's computer and to coordinate the programs with HDS's billing methods. A subsequent memo, signed by both parties, provided in its entirety: HDS will pay CP $20,000 in two equal installm...
1.359375
Question: On March 1, Computer Programs, Inc. (CP) orally agreed with Holiday Department Store (HDS) to write a set of programs for HDS's computer and to coordinate the programs with HDS's billing methods. A subsequent memo, signed by both parties, provided in its entirety: HDS will pay CP $20,000 in two equal installm...
1.25
Question: Police Officer stopped Dexter for speeding late one night. Noting that Dexter was nervous, Police Officer ordered him from the car and placed him under arrest for speeding. By state law, Police Officer was empowered to arrest Dexter and take him to the nearest police station for booking. Police Officer search...
1.476563
Question: Barnes was hired as an assistant professor of mathematics at Reardon State College and is now in his third consecutive one-year contract. Under state law, he cannot acquire tenure until after five consecutive annual contracts. In his third year, Barnes was notified that he was not being rehired for the follow...
1.171875
Question: In an action to recover for personal injuries arising out of an automobile accident, Plaintiff calls Bystander to testify. Claiming the privilege against self-incrimination, Bystander refuses to answer a question as to whether she was at the scene of the accident. Plaintiff moves that Bystander be ordered to ...
1.226563
Question: During 1976 a series of arsons, one of which damaged the Humongous Store, occurred in the City of Swelter. In early 1977 Swelter's City Council adopted this resolution: The City will pay $10,000 for the arrest and conviction of anyone guilty of any of the 1976 arsons committed here. The foregoing was telecast...
1.328125
Unpack this question and provide your insights. 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 **Choices:** A. proper to show that Miller is inclined to lie. B. proper to sho...
1.257813
Question: 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 entr...
1.0625
Question: 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: €˜Dear Investigator, You inquired about Peri. We fired him last month when we disco...
1.140625
Please provide a detailed answer to the following: 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 ...
1.054688
Question: 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 a...
1.492188
Question: 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, Defen...
0.816406
Question: 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 Options: A. admissible as tending to prove that Drew is believable. B. admissible as trying to prove that Drew is ...
1.195313
Question: 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 A. proper, because it goes to bias. B. proper, because a relative is not competent to give reputat...
0.949219
Question: Sartorial, Inc., a new business enterprise about to commence the manufacture of clothing, entered into a written agreement to purchase all of its monthly requirements of a certain elasticized fabric for a period of three years from the Stretch Company at a specified unit price and agreed delivery and payment ...
1.398438
Question: In which of the following situations is Defendant most likely to be guilty of larceny? Options: A. Defendant took Sue's television set, with the intention of returning it the next day. However, he dropped it and damaged it beyond repair. B. Defendant went into Tom's house and took $100 in the belief that Tom...
1.21875
Question: Addle, who has been in the painting and contracting business for 10 years and has a fine reputation, contracts to paint Boone's barn. Boone's barn is a standard red barn with a loft. The contract has no provision regarding assignment."If Addle assigns the contract to Coot and thereafter Coot does not meet the...
1.492188
Question: Owens contracted to sell a tract of land, Overlea, to Painter by general warranty deed. However, at the closing Painter did not carefully examine the deed and accepted a quitclaim deed without covenants of title. Painter later attempted to sell Overlea to Thompson, who refused to perform because Owens had con...
1.179688
Question: Rider, a bus passenger, sued Transit Company for injuries to his back from an accident caused by Transit's negligence. Transit denies that Rider received any injury in the accident."Transit Company calls Observer to testify that right after the accident, Rider told him that he had recently suffered a recurren...
1.164063
Question: Johnston bought 100 bolts of standard blue wool, No. 1 quality, from McHugh. The sales contract provided that Johnston would make payment prior to inspection. The 100 bolts were shipped, and Johnston paid McHugh. Upon inspection, however, Johnston discovered that the wool was No. 2 quality. Johnston thereupon...
1.273438
Question: Johnston bought 100 bolts of standard blue wool, No. 1 quality, from McHugh. The sales contract provided that Johnston would make payment prior to inspection. The 100 bolts were shipped, and Johnston paid McHugh. Upon inspection, however, Johnston discovered that the wool was No. 2 quality. Johnston thereupon...
1.359375
Question: Diner, a drive-in hamburger and ice cream stand, recently opened for business in the suburban town of Little City. Diner's business hours are from 9:00 a.m. to midnight. It is in an area that for 15 years has been zoned for small retail businesses, apartment buildings, and one- and two-family residences. The ...
1.0625
Question: Park brought an action against Dan for injuries received in an automobile accident, alleging negligence in that Dan was speeding and inattentive. Park calls White to testify that Dan had a reputation in the community of being a reckless driver and was known as "daredevil Dan." White's testimony is Options: (...
1.484375
Question: Duffer and Slicker, who lived in different suburbs 20 miles apart, were golfing acquaintances at the Interurban Country Club. Both were traveling salesmen €”Duffer for a pharmaceutical house and Slicker for a widget manufacturer. Duffer wrote Slicker by United States mail on Friday, October 8: I need a motorc...
1.46875
Question: Oscar, the owner in fee simple, laid out a subdivision of 325 lots on 150 acres of land. He obtained governmental approval (as required by applicable ordinances) and, between 1968 and 1970, he sold 140 of the lots, inserting in each of the 140 deeds the following provision: "The Grantee, for himself and his h...
1.132813
Question: Adam and Bailey, brothers, operated an illicit still. They customarily sold to anyone unless they suspected the person of being a revenue agent or an informant. One day when Adam was at the still alone, he was approached by Mitchell, who asked to buy a gallon of liquor. Mitchell was in fact a revenue officer....
1.460938
Question: Pauline, an unmarried female, was prominent in the women's liberation movement. She recently gave birth to a baby and publicly announced that she had no intention of marrying the father or disclosing his identity. The local newspaper, Journal, decided to do a series of articles on Pauline entitled "The Perils...
1.429688
Question: Homer conveyed his home to his wife, Wanda, for life, remainder to his daughter, Dixie. There was a $20,000 mortgage on the home requiring monthly payments, each covering interest to date plus a portion of the principal. Which of the following statements about the monthly payment is correct? Options: A) Wanda...
1.226563
Question: Paula sued for injuries she sustained in a fall in a hotel hallway connecting the lobby of the hotel with a restaurant located in the hotel building. The hallway floor was covered with vinyl tile. The defendants were Horne, owner of the hotel building, and Lee, lessee of the restaurant. The evidence was that ...
1.382813
Question: On May 1, Ohner telegraphed Byer, "Will sell you any or all of the lots in Grover subdivision at $5,000 each. Details will follow in letter." The letter contained all the necessary details concerning terms of payment, insurance, mortgages, etc., and provided, "This offer remains open until June 1." On May 2, ...
1.421875
Question: On May 1, Ohner telegraphed Byer, "Will sell you any or all of the lots in Grover subdivision at $5,000 each. Details will follow in letter." The letter contained all the necessary details concerning terms of payment, insurance, mortgages, etc., and provided, "This offer remains open until June 1." On May 2, ...
1.335938
Analyze the question and provide a response. Si was in the act of siphoning gasoline from Neighbor's car in Neighbor's garage and without his consent when the gasoline exploded and a fire followed. Rescuer, seeing the fire, grabbed a fire extinguisher from his car and put out the fire, saving Si's life and Neighbor's c...
0.984375
Question: Assume for the purposes of these questions that you are counsel to the state legislative committee that is responsible for real estate laws in your state.The committee wants you to draft legislation to make all restrictions on land use imposed by deeds (now or hereafter recorded) unenforceable in the future s...
1.273438
Question: Price sued Derrick for injuries Price received in an automobile accident. Price claims that Derrick was negligent in (a) exceeding the posted speed limit of 35 m.p.h., (b) failing to keep a lookout, and (c) crossing the center lineDerrick testified on his own behalf that he was going 30 m.p.h. On cross-examin...
1.273438
Question: Defendant visited a fellow college student, James, in James's dormitory room. They drank some beer. James produced a box containing marijuana cigarettes and asked if Defendant wanted one. Defendant, afraid of being caught, declined and urged James to get rid of the marijuana. James refused. Shortly thereafter...
1.367188
Question: Victim, injured by Driver in an auto accident, employed attorney First to represent him in the matter. Victim was chronically insolvent and expressed doubt whether he could promptly get necessary medical treatment. Accordingly, First wrote into their contract his promise to Victim "to pay from any settlement ...
0.976563
Question: Victim, injured by Driver in an auto accident, employed attorney First to represent him in the matter. Victim was chronically insolvent and expressed doubt whether he could promptly get necessary medical treatment. Accordingly, First wrote into their contract his promise to Victim "to pay from any settlement ...
1.445313
Question: Peters sued Davis for $100,000 for injuries received in a traffic accident. Davis charged Peters with contributory negligence and alleged that Peters failed to have his lights on at a time when it was dark enough to require them.Davis offers to have Bystander testify that he was talking to Witness when he hea...
1.460938
Question: Owner and his employee, Driver, consult Attorney about a motor vehicle collision resulting in a suit by Litigant against Owner and Driver as joint defendants. Attorney calls Irving, his investigator, into the conference to make notes of what is said, and those present discuss the facts of the collision and Ow...
1.34375
Question: Dave is a six-year-old boy who has a well-deserved reputation for bullying younger and smaller children. His parents have encouraged him to be aggressive and tough. Dave, for no reason, knocked down, kicked, and severely injured Pete, a four-year-old boy. A claim for relief has been asserted by Pete's parents...
1.023438
Question: On March 1, Green and Brown orally agreed that Brown would erect a boathouse on Green's lot and would dig a channel from the boathouse across Clark's lot to a lake. Clark had already orally agreed with Green to permit the digging of the channel across Clark's lot. Brown agreed to begin work on the boathouse o...
1.109375
Question: Dock was the unsuccessful suitor of Mary, who recently announced her engagement to Paul. Angered by her engagement, Dock sent Mary the following letter: "I hope you know what you are doing. The man you think you love wears women's clothes when at home. A Friend." The receipt of this letter caused Mary great e...
0.835938
Question: Seller and Buyer execute an agreement for the sale of real property on September 1, 1971. The jurisdiction in which the property is located recognizes the principle of equitable conversion and has no statute pertinent to this problem."Assume for this question only that Buyer dies before closing, there being n...
1.382813
Question: Farquart had made a legally binding promise to furnish his son Junior and the latter's fiancée a house on their wedding day, planned for June 10, 1972. Pursuant to that promise, Farquart telephoned his old contractor-friend Sawtooth on May 1, 1971, and made the following oral agreement €”each making full and...
1.296875
Question: Farquart had made a legally binding promise to furnish his son Junior and the latter's fiancée a house on their wedding day, planned for June 10, 1972. Pursuant to that promise, Farquart telephoned his old contractor-friend Sawtooth on May 1, 1971, and made the following oral agreement €”each making full and...
1.359375
Question: Ohner holds title in fee simple to a tract of 1,500 acres. He wishes to develop the entire tract as a golf course, country club, and residential subdivision. He contemplates forming a corporation to own and operate the golf course and country club; the stock in the corporation will be distributed to the owner...
0.804688
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