Question: Two men held-up a liquor store in a city. During the robbery, one of the participants shot and killed the owner of the store. Over a year later, police detectives arrested a defendant after obtaining reliable information that the defendant was the robber who was responsible for killing the store's owner. Afterward, the defendant was taken to the station house where he was booked for the crime and then incarcerated. The next day, the prosecuting attorney made a decision to delay indictment until he could discover the identity of the defendant's accomplice. The defendant was then released from police custody. In this jurisdiction the statute of limitations for murder is five years. Five months later, the prosecuting attorney, after unsuccessfully attempting to secure information on the defendant's cohort, indicted the defendant, charging him with felony murder. Shortly before trial, the only eyewitness to the crime died. He would have testified that the defendant did not participate in the robbery. The defendant's motion to dismiss the indictment because of the delay between the date of the crime and the date of the indictment will most probably be

Choices:
- granted, because the prosecutor is constitutionally required to press charges, if at all, within a reasonable time after probable cause is established.
- granted, because the delay in prosecuting the defendant actually prejudiced him.
- denied, because pre-indictment delay does not violate the Constitution, as long as it does not exceed an applicable statute of limitations.
- denied, because the delay was not excessive and was for a permissible purpose.


Question: Several states have enacted laws shielding reporters from being compelled to release the names of confidential sources. Now, Congress, under intense lobbying pressure from the press, proposes to enact legislation forbidding any state from requiring journalists to reveal the sources of their news articles in civil suits. Which of the following is the strongest constitutional argument in support of this proposed law?

Choices:
- Congress has the authority under the commerce clause to regulate the flow of news.
- Acts of Congress are the supreme law of the land and take precedence over any conflicting state laws.
- Congress is essentially reaffirming the free speech guarantees of the First and Fourteenth Amendments.
- Under Article I, Section 8, Congress has the authority to secure to authors and inventors the exclusive right to their respective writings and discoveries.


Question: A defendant is on trial for robbing a particular bank with his best friend. The friend has left the country and cannot be found. The prosecutor has called the friend's mother to testify to a conversation she had with her son the day before he left the country. She implored him not to go, but he said, "Mom, I have to go. I was involved in a robbery at [the bank], and I don't want them to catch me." The prosecutor has other evidence indicating that the defendant and the friend were together on the morning of the robbery. Is the statement by the friend to his mother admissible?

Choices:
- No, because inculpatory statements against penal interest do not satisfy the confrontation clause.
- No, because the friend's statement to his mother was not corroborated.
- Yes, as a statement against penal interest that is not testimonial under the confrontation clause.
- Yes, as a statement of the friend's state of mind that is not testimonial under the confrontation clause.


Question: An older and younger brother had always done everything together. They had grown up together, gone to school together, and partied together. One night, while drinking at a bar, both brothers decided that they wanted a little more action than the bar was offering up, so they left and went to a strip club. At the strip club, they paid for private dances and attempted to have conversations with the women. As hard as they tried, the women who worked in the club did not seem as interested in the brothers as they were in the women. As the night wore on, the brothers decided that they would wait behind the club until closing for the women to come out. The victim, who had given a dance to one of the brothers, came out and proceeded to walk to her car. One of the brothers grabbed the victim from behind and pulled her to the ground while the other brother sexually assaulted her. Both brothers were arrested and charged with the rape of the victim. Their long-time family attorney represented them both at their trial. The younger brother intended to testify that his older brother had forced him to hold the victim down by threatening him with a gun. If appropriate objections are made by either brother, the court should rule that the attorney's representation of the brothers at trial

Choices:
- violated the younger brother's Sixth Amendment right to counsel.
- constituted an impermissible conflict of interest.
- violated the younger brother's constitutional rights, but did not infringe on the older brother's constitutional rights.
- did not violate the older brother's constitutional rights if he separately paid for his representation.


Question: The owner of a test prep company sent an advertisement regarding the company's review courses to a local newspaper. In an accompanying letter, the owner instructed the newspaper to publish the ad in an upcoming edition. The ad was received by the newspaper's advertising editor. The next day the editor phoned the owner and told her that he would not permit the newspaper to run the ad. When the owner asked for an explanation, the editor replied, "My daughter took your review course and scored low on her entrance exams to college and didn't get into the college of her choice. Because of your instructors, she's now working at the mall. That's why I'm prohibiting the newspaper from publishing your ad. " The editor then forwarded a letter to the owner reiterating his newspaper's refusal to have the ad published. In an appropriate action, the owner brings suit against the editor and the newspaper seeking an order that would require the newspaper to publish the advertisement. In such action, who will prevail?

Choices:
- The owner, because such advertising is protected by the First Amendment under the commercial speech doctrine.
- The owner, because there is a constitutional right of advertising under the First and Fourteenth Amendments.
- The editor and newspaper, because Congress is empowered to prohibit untruthful advertising, even where it urges the purchase of a legal, validly offered item.
- The editor and newspaper, because there is no constitutional right of advertising under the First and Fourteenth Amendments.


Question: After a fire destroyed her home, a plaintiff sued the insurance company that insured the home for the proceeds of her policy. The company claimed that the policy had lapsed. At trial, the plaintiff admits that she failed to make a timely premium payment; however, she cites a policy provision that required the company to give her notice that it had not received the premium by a specified date and testifies that she never received such a notice. The company then calls its chief billing clerk, who is company then calls its chief billing clerk, who is prepared to testify that, because of the plaintiff's unusual name, the clerk remembers preparing the plaintiff's notice and placing it in the "out" box on his desk, and that an employee from the company's mailroom daily picks up all mail from office "out" boxes and places it in a U.S. mail deposit box. How should the court rule on the admissibility of the billing clerk's testimony?

Choices:
- It is admissible only if the company produces corroborative evidence, such as a mailing checklist.
- It is admissible without more, because it is evidence of the routine practice of a business.
- It is inadmissible, because evidence of the mailroom employee's general practice does not prove the particular mailing.
- It is inadmissible, because the billing clerk lacks personal knowledge of the actual mailing. mailing.


Question: In an effort to counteract a steep increase in juvenile crime, a state enacted a law terminating the parental rights of any state resident whose child under 16 years of age is convicted of a violent crime in the state. The law directs the state juvenile court to enter a termination order in such a case after the parent has been afforded notice and an opportunity for a hearing at which the only relevant issues are the age of the child and whether the child has been convicted of a violent crime in the state. Is the state law constitutional?

Choices:
- No, because the law is not narrowly tailored to serve a substantial state interest.
- No, because the law is not necessary to serve a compelling state interest.
- Yes, because a state's police power authorizes it to punish criminal behavior with appropriate sanctions.
- Yes, because the law is rationally related to a legitimate state interest.


Question: A father died leaving a will by which he devised a 100-acre tract to his daughter. At the time of the father's death, he believed that he owned all of the 100-acre tract. However, the father actually owned 95 acres of the tract. The other five acres were owned by a farmer. After taking possession of the tract, the daughter executed and delivered a warranty deed to a buyer, purporting to convey all 100 acres of the tract. The agreed purchase price was $100,000. According to the terms of the sale, the buyer paid the daughter a down payment of $25,000, with the unpaid portion of the purchase price (i. e. , $75,000) secured by a mortgage. The mortgage instrument described the property interest as covering all 100 acres of the tract. After the daughter buyer transaction was completed, the farmer came forward and informed the parties that she was the true record owner of five acres of the 100-acre tract. Upon the farmer's threat to sue to quiet title, the daughter negotiated a deal whereby she paid the farmer $5,000 for the five-acre tract. As part of their agreement, the farmer executed and delivered a quitclaim deed quitclaiming to the buyer all of her interest in the five-acre parcel. Thereafter, the buyer defaulted on the mortgage debt, and the daughter properly consummated foreclosure proceedings, becoming the purchaser of the tract at her own foreclosure sale. The description of the deed in the foreclosure sale referred to the tract as consisting of all 100 acres. After the foreclosure sale was finalized, the buyer brought suit claiming title in fee simple to the five-acre tract, formerly owned by the farmer. In an appropriate action to determine the title to the said five-acre tract, the buyer will

Choices:
- lose, because the daughter did not have good and marketable title at the time she purported to convey the 100-acre tract to the buyer.
- lose, because the doctrine of after-acquired title controls.
- win, because the deed from the farmer to the buyer was a quitclaim deed.
- win, because the quitclaim deed from the farmer to the buyer was subsequent to the deed from the daughter to the buyer and to the mortgage.


Question: Late one night, an accountant walked into a bar and ordered a whiskey sour. The bartender served the drink, even though the accountant looked and acted as though he was already very intoxicated. The accountant soon had consumed five more cocktails, which the bartender served, despite the accountant's obviously and unmistakably drunken condition. After finishing his sixth drink in the bar, the accountant said good night to the bartender, staggered out of the bar, got into his car, and drove away. After weaving back and forth across the road for several blocks, the accountant crashed his car into a pedestrian who was walking on the sidewalk next to the road. The pedestrian suffered serious injuries to his back and legs. The bartender's act of serving drinks to the accountant would most likely be viewed as the

Choices:
- proximate cause of the pedestrian's injuries.
- superseding cause of the pedestrian's injuries.
- direct cause of the pedestrian's injuries.
- intervening cause of the pedestrian's injuries.


Question: A driver was having trouble finding a place to park his car near a store at which he needed to make a quick stop to purchase something. He decided to just park along the road next to the store, even though there was not really a lane or space there intended for parking. The driver pulled his car as far off the roadway as he could and figured that it would be fine because he would only be in the store for a few minutes. While the driver was in the store, a car driven by a woman approached the spot where the driver had left his car. When the woman saw the driver's car and realized it was partially obstructing the road, she tried to avoid hitting it but crashed into it. The accident caused $5,000 worth of damage to the driver's car and $1,000 worth of damage to the woman's car. Assume that the jurisdiction follows traditional contributory negligence rules and that the woman had the last clear chance to avoid the collision. How much, if anything, could the driver recover in a lawsuit against the woman for negligence?

Choices:
- $5,000, or the full amount of damages to his car.
- $4,000, or the full amount of his damages, minus the woman's damages.
- $2,500, or half of his damages.
- Nothing, because the driver was contributorily negligent for parking his car so that part of it stuck out into the street.


Question: An accountant had an office on the eighth floor of a downtown building. The accountant wanted to have renovations done to the entrance to the office. He hired an interior designer to do the work. The designer told the accountant that he had several options for the type of glass to be used in the door to the office. He could use half-inch thick plate glass, which would look nice and be relatively inexpensive. On the other hand, he could use tempered glass, which would cost twice as much but would be five times stronger than plate glass, more difficult to scratch, and capable of withstanding a blow from a hammer. The designer explained that the great majority of residential and small business establishments use plate glass for such doors. The accountant chose to go with the plate glass. The accountant ordered a plate glass door from a manufacturer and had the designer install the door when it arrived. A few months later, the door shattered when one of the accountant's clients pulled on the handle to open it. The glass cut the client's hand. If the client asserts a claim against the accountant based on negligence and establishes negligent manufacture of the glass door by the manufacturer that was not discoverable through reasonable inspection, the plaintiff will

Choices:
- prevail, because the accountant is liable for its supplier's negligence.
- prevail, because the accountant instructed the designer to install plate glass rather than the more durable tempered glass.
- not prevail, because the accountant could not reasonably have been expected to discover the defect.
- not prevail, because the proper defendant is the manufacturer or the designer, not the accountant.


Question: A landowner conveyed 50 acres of his orchard to a fanner. The deed contained the following covenants:(1) seisin, (2) right to convey, and (3) against encumbrances. When the landowner conveyed the property to the farmer, there was an outstanding mortgage. The farmer took possession, and shortly thereafter, threatened with foreclosure, he paid off the mortgage with interest. The farmer now sues for breach of covenant against encumbrances. The court will most likely allow

Choices:
- recovery for the amount in principal and ininterest thereon from the time of the mortgagepayment.
- recovery for only the principal that the farmerpaid on the mortgage.
- recovery for the measure of value betweenthe value of the land with and without such anencumbrance.
- no recovery.


Question: A plaintiff was hit and injured by a falling branch on a sidewalk in front of a convenience store. The plaintiff calls a woman to testify. The woman proposes to testify that a witness who is now deceased told the woman that when he was walking past the convenience store one week before the plaintiff was hit by the branch, the witness saw an employee of the convenience store shoveling snow from the sidewalk in front of the store. The woman's testimony is

Choices:
- admissible, because the witness is unavailable to testify.
- admissible, as relevant for the limited purpose of proving that the convenience store owner retained control over the sidewalk where the accident occurred.
- inadmissible, because it is hearsay not within any recognized exception.
- inadmissible, because of the Dead Man's Statute.


Question: Each year, the local boys' and girls' club sponsors a "Baseball Card Bonanza. " During the three- day event, collectors of baseball cards gather, exchanging and swapping old cards. A boy and a girl, both 12-year-old youngsters at the bonanza, were looking at each other's cards when they were approached by a 32-year-old collector. The collector asked the boy and girl if he could look through their baseball cards. The boy and girl nodded affirmatively. As the collector was flipping through the boy's cards, he found a 1948 card featuring Branch Rickey, the former owner of the Brooklyn Dodgers. The collector, who knew the card was worth more than $500, offered the boy 50 cents for the card. The boy thought the card had very little value because he knew that Rickey was not a major league baseball player. The boy accepted the 50 cents and gave the Rickey baseball card to the collector. The next day the boy found out that the baseball card was worth$600. If the boy asserts a claim against the collector for deceit, will the boy prevail?

Choices:
- Yes, because the collector did not disclose the true value of the card.
- Yes, because the boy was the true owner of the card and was entitled to the benefit of the bargain.
- No, because the collector made no false representations of fact.
- No, because the boy was not justified in relying on the collector's offer.


Question: One day, an 11-year-old boy came home from school with red lipstick stains on his collar. When the boy's mother inquired about the lipstick stains, the boy said that his teacher had kissed him. The mother then contacted the police, who subsequently conducted an investigation and arrested the teacher, charging her with two felony counts of child molestation. In accord with state law, a preliminary hearing was scheduled. After the boy was subpoenaed to testify at the preliminary hearing, the prosecution filed a motion to exclude the teacher from the courtroom during the boy's appearance. The motion, with supporting affidavits from a child psychologist, claimed that having the boy and the teacher in the same room would cause irreparable emotional and psychological harm to the alleged victim. The judge should

Choices:
- deny the motion, because a pretrial proceeding is an early stage of trial, and a defendant has a constitutional right of confrontation at every stage of the trial.
- deny the motion, because the teacher's exclusion from the courtroom would have prejudicial impact on receiving effective assistance of counsel.
- grant the motion, because the teacher's attorney still has an opportunity to cross-examine the witness despite the teacher's absence from the courtroom.
- grant the motion, because cross-examination at a preliminary hearing is not required by the confrontation clause of the Sixth Amendment.


Question: A wedding planner owned a summer cottage on the lake. In order to facilitate the access to the cottage, which is located on a knoll above the lake, the wedding planner entered into an agreement with a neighbor, an adjoining land owner, whereby the neighbor, in writing, granted the wedding planner a right-of-way over a strip of land 30 feet in width and a quarter of a mile in length along the eastern margin of the neighbor's property. Without notif'ing the neighbor, the wedding planner proceeded with his plan to improve the roadbed by having the road asphalted in order to make it more accessible for motor vehicle traffic. Several years later, the neighbor started a sand business, which required him to do heavy hauling that subsequently destroyed the asphalted surface on the road. Ten years after the neighbor started his sand business, the wedding planner sold his lakefront property to an artist. Shortly after the artist took possession of the cottage and property, the neighbor erected wooden barriers across the roadway, thus obstructing the access to the artist's property. The interest that the wedding planner acquired in the access road may best be described as

Choices:
- an easement in gross.
- an easement implied by prior use.
- an easement by necessity.
- an express easement.


Question: A laboratory manufactures nitroglycerin (a heavy, oily, explosive, poisonous liquid used chiefly in making dynamite) at its main plant. An artist who specialized in making delicate glass sculptures had a studio two blocks away from the laboratory's plant. Late one evening, there was an explosion at the laboratory's plant. The force of the explosion caused the artist's studio to be shaken, which resulted in the destruction of valuable artwork in the studio. The artist now asserts a tort action against the laboratory to recover damages. Which of the following, if established, would furnish the laboratory with its best possible defense?

Choices:
- The laboratory used extraordinary care in the manufacture and storage of nitroglycerin and was not guilty of any negligence that was causally connected with the explosion.
- The laboratory has a contract with the federal government whereby all the nitroglycerin manufactured at its plant is used in U. S. military weapons systems.
- The explosion was caused when lightning (an act of God) struck the plant during an electrical storm.
- The harm that the artist suffered would not have resulted but for the abnormal fragility of the artist's work.


Question: A patent holder brought a patent infringement action in federal court against a licensee of the patent. The patent holder believed that a jury would be more sympathetic to his claims than a judge, and asked his lawyer to obtain a jury trial. What should the lawyer do to secure the patent holder's right to a jury trial?

Choices:
- File and serve a complaint that includes a jury trial demand.
- File and serve a jury trial demand at the close of discovery.
- File and serve a jury trial demand within 30 days after the close of the pleadings.
- Make a jury trial demand at the initial pretrial conference.


Question: The defendant was on a date when the victim invited him up to her apartment for coffee. The defendant and the victim began to kiss on the couch. The defendant lifted the victim's shirt, and the victim gently pushed the defendant's hand away and then left the couch to make coffee. While the victim was making coffee, the defendant picked up her solid gold ring that she had carelessly left on the living room table. Intending to give it back to her with a diamond in it, he put it into his pocket and got ready to leave. Before the defendant went home, he stopped into a bar. There he met a patron who offered to sell him a two-month-old plasma TV for $200. The patron said that he would take only cash and that he also had some unboxed silverware and jewehy he could sell the defendant from his van, which was parked outside. The patron said, "You better decide fast, because I've got to get out of town right away. " The defendant, who knew that the TV was worth $1,000, gave the patron $200, and the patron gave the defendant the TV, which was not in a box. The patron did not tell the defendant he had just stolen the television from a house down the street. Based on the above facts, for which of the following crimes should the defendant be convicted?

Choices:
- Battery upon the victim, and larceny of the ring.
- Larceny of the ring.
- Embezzlement of the ring.
- Receiving stolen property.


Question: A witness in a murder case does not make the same statement faithfully, but rather he has given different versions of his observations at different times to different persons and investigators. The prosecution put the witness on the stand at trial to tell what he observed. The defendant's counsel impeached his testimony by bringing up prior inconsistent statements and accusing him of changing his story for trial. The prosecution then attempted to rehabilitate his credibility by referencing prior consistent statements. Prior consistent statements are not generally admissible because they are said to be repetitive, cumulative and to unfairly bolster the witness's credibility. Will the court likely allow the prosecution to rehabilitate the witness using prior consistent statements under these facts?

Choices:
- No, because the witness cannot be rehabilitated once a successful impeachment has occurred.
- No, because it would tend to confuse the jury with too much conflicting evidence.
- Yes, because it is being used to rehabilitate a witness whose credibility was attacked.
- Yes, because all repetitive prior statements are important to show the consistency of the witness' testimony.


Question: In a trial of a defendant for armed bank robbery, the prosecutor presented overwhelming evidence of guilt. Three tellers identified the defendant as the robber, a latent fingerprint found on the bank counter linked the defendant to the scene, and bank money had been found in the defendant's car. The police had arrested the defendant immediately after the robbery, as the defendant was driving away from the bank. the bank. When the prosecution rested its case, the judge directed the jury to return a verdict of guilty. The defense attorney did not object at the time. The jury withdrew, discussed the case, and agreed to a guilty verdict. The jury returned to the courtroom and announced the guilty verdict. The defense attorney then voiced an objection to the judge's having directed the verdict. The court overruled the objection and sentenced the defendant to 20 years in prison. On appeal, what should the appellate court do?

Choices:
- Affirm the conviction, because the defense attorney failed to timely object to the judge's action.
- Affirm the conviction, because the prosecution presented both circumstantial and direct evidence conclusively establishing the defendant's guilt.
- Reverse the conviction, because the defense attorney's failure to timely object to the judge's action constituted ineffective assistance of counsel.
- Reverse the conviction, because the judge's action in directing the verdict denied the defendant his constitutional right to a trial by jury.


Question: A homeowner resides downhill from a metal fabrication facility. She has sued both the owner of the facility and the supplier of a solvent used at the facility. She contends that contaminants, consisting mostly of the solvent, were released into the ground at the facility and have migrated and continue to migrate to her property, contaminating the soil, the groundwater, and her well. She alleges various acts of negligence on the part of the facility owner in causing the release of the contaminants into the ground. She also alleges that employees of the solvent supplier were negligent in frequently the solvent supplier were negligent in frequently spilling some of the solvent onto the ground while filling a rooftop tank at the facility. The solvent supplier has moved for summary judgment, arguing that if there was any contamination, the facility owner and the supplier independently contributed indeterminate amounts to the contamination and that therefore the homeowner cannot show how much damage each has inflicted on her. There is no evidence that the facility owner and the solvent supplier acted in concert. Should the court grant the summary judgment motion?

Choices:
- No, because concurrent tortfeasors are jointly and severally liable for an indivisible injury.
- No, because the solvent supplier is vicariously liable for damage inflicted by the facility owner.
- Yes, because there is no basis for allocating damages against the solvent supplier. damages against the solvent supplier.
- Yes, because there is no evidence that the facility owner and the solvent supplier acted in concert.


Question: An owner of a storage facility stores flammable gases under high pressure in large spherical tanks. The facility was constructed for the owner by a company that specializes in the construction of such facilities. After the facility had been in use for three months, one of the tanks ruptured, causing a spillage and loss of the chemicals. The owner sued the company for strict liability, claiming that the storage tank had been defectively manufactured. At trial, the owner called a photographer who testified she was hired by the owner to photograph the ruptured tank after the accident. She further testified that the roll of film was sent to a commercial film lab where the photographs were developed. Thereupon, the owner's attorney showed the photographer the photographs, which she identified as the ones she had taken and given to the Owner. The owner's attorney offers 10 photographs into evidence. Upon objection by the company's counsel, which of the following, if true, is the best reason to exclude the photographs from evidence?

Choices:
- The photographer was not shown to be an expert or professional photographer.
- There was an unaccountable break in the chain of custody from the time when the photographs were taken to the period when the negatives were processed.
- There was no testimony that the photographs accurately portrayed the ruptured tank.
- The photographs are not the best evidence to prove how the tank ruptured.


Question: Congress recently passed a law that would grant, for free, federally owned buses to a religious organization. The congressional statute stipulates that the religious organization must use the buses to travel across America to spread the moral message of sexual abstinence to teenagers at school assemblies. Which of the following is the strongest constitutional grounds for invalidating the gift of the buses to the religious organization?

Choices:
- The gift violates the equal protection rights of secular organizations.
- The gift violates the establishment clause.
- The gift is a taking of federal property without just compensation.
- The gift violates the commerce clause.


Question: Two cousins took title to real estate as joint tenants with the right of survivorship. The first cousin put up his interest in the joint tenancy as security for a $20,000 loan and signed a judgment note. It was later entered as a judgment against the first cousin's interest in the real estate. The first cousin died a year later. The second cousin decided to sell the property, but the mortgagee filed an action to prevent the sale and to enforce his interest in the property. The second cousin defended on the basis that any lien on the first cousin's interest in the property was extinguished on the first cousin's death. Will the court enforce the lien of the mortgagee against the sale of the property by the surviving second cousin?

Choices:
- Yes, because the second cousin's assent to the judgment lien was presumed by law and that assent destroyed the joint tenancy.
- Yes, because a mortgage or judgment lien against one joint tenant destroys the tenancy and destroys the right of survivorship.
- No, because a joint tenant cannot legally file a judgment note on just that joint tenant's interest because it would be an unconstitutional interference with the other's property rights.
- No, because when the first cousin died the second cousin became the sole owner due to the right of survivorship, as per the joint tenancy which was still fully intact.


Question: To keep its public school expenditures under control in a time of increasing costs, a state passed a law providing that children who have not lived in the state for at least one year cannot attend public schools in the state. Which of the following statements about this law is most accurate as a matter of constitutional law?

Choices:
- The one-year residence requirement is valid because it does not affect any fundamental right or suspect class.
- State durational residence requirements that are estab-lished for publicly funded services are constitutional because they relate to government operations reserved exclusively to the states by the Tenth Amendment.
- Because publicly funded education is a fundamental constitutional right, a state may not deny it to any class of persons who reside in that state.
- State durational residence requirements established for this kind of publicly funded service solely for the purpose of reducing state expenditures violate the equal protection clause of the Fourteenth Amendment.


Question: A widget manufacturer and a widget retailer signed the following agreement:"The manufacturer promises to sell and the retailer promises to buy 10,000 widgets at $50 per 100. One thousand widgets are to be delivered by the manufacturer on the first day of each of the next 10 months. EACH MONTHLY DELIVERY ISA SEPARATE CONTRACT. Payment to be made within 10 days of receipt of each shipment. "The agreement between the manufacturer and the retailer may best be interpreted as

Choices:
- a divisible contract.
- an installment contract.
- 10 separate contracts.
- a requirements-output contract.


Question: An investor owned a four-story office building located in downtown. The building was old and badly in need of renovation. To finance the improvements, the investor borrowed $125,000 from his friend. As consideration for the loan, the investor executed a promissory note for $125,000 payable to the friend in one year and secured by a mortgage on the building. The mortgage was dated January 1, and was recorded January 2. Thereafter, on February 1, the investor executed a deed absolute on the building and named the friend as grantee. This deed, although absolute in form, was intended only as additional security for the payment of the debt. In order to make judicial foreclosure unnecessary and to eliminate the right to redeem, the investor then delivered the deed to his nephew in escrow with instructions to deliver the deed to the friend if the investor failed to pay his promissory note at maturity. On January 1 of the following year, the investor failed to pay the note when it came due. Thereupon, the nephew, in accordance with the escrow instructions, delivered the investor's deed on the office building to the friend, which the friend promptly and properly recorded. Two weeks later, the investor tendered the $125,000 indebtedness to the friend. When the friend refused to accept it, the investor brought an appropriate action to set aside and cancel the deed absolute and to permit the redemption of the building from the friend. Conversely, the friend counterclaimed to quiet title and argued that the deed absolute was intended as an outright conveyance upon default. The court should enter a judgment that will grant the relief sought by

Choices:
- the investor, but only if the investor can establish that the mortgage takes precedence over the deed absolute because it was executed earlier in time.
- the investor, because the deed absolute did not extinguish his right of redemption.
- the friend, because the deed absolute effectuated an outright conveyance that extinguished the redemption interest sought to be retained by the investor.
- the friend, because the investor is estopped to deny the effect of the deed absolute in conjunction with the escrow arrangement.


Question: A contractor agreed with a city government to build it a bridge. The contractor was guilty of undue delay in getting the bridge construction finished. The contract had a liquidated damages clause that provided for a deduction from the contract price for each day of delay in completing the bridge. The formula for the deductions from the contract price was based on how much traffic flow was turned away. The city tried to deduct the damages from the contract price. The contractor, however, pointed out that the city had not yet connected a road to the bridge so that there was no traffic flow and hence no damage to the city. Will the court uphold the liquidated damages clause in favor of the city?

Choices:
- No, because the city's failure to perform has frustrated the purpose of the liquidated damages clause, making liquidated damages in this case unnecessary due to no damages suffered.
- Yes, because the contract provision for liquidated damages has been breached and the city had no obligation to connect a road.
- Yes, because the bridge delays caused the city to delay finishing the road, thereby creating the need to enforce the provision for liquidated damages.
- No, because the city breached the contract by not connecting a road to the bridge.


Question: A defendant and his college roommate went home together for the holiday vacation. The defendant was to go back to college by himself. The day that the defendant was to drive back to college, his roommate asked him if he would deliver a package to one of their classmates. The defendant agreed, and the roommate gave him a small package, which the defendant placed in his glove compartment. While driving back to school, the defendant was stopped for speeding. When the state trooper asked the defendant for his license and registration, he reached into the glove compartment. As he did, the package that his roommate had given him fell onto the floor. When it hit the floor, the box broke open and a plastic envelope containing a white substance slid out. Seeing that the substance appeared to be cocaine, the state trooper arrested the defendant for possession of illegal narcotics under a state statute making it a felony to willfully possess a controlled substance. The package did, in fact, contain cocaine. If the defendant is later brought to trial for this charge, his best defense is that

Choices:
- the defendant didn't know what was in the package.
- the roommate didn't tell him he was carrying illegal narcotics.
- the package didn't belong to him.
- the cocaine was illegally seized.


Question: A nephew was short of cash and was waiting for his elderly aunt to die. His aunt was currently in the hospital on a ventilator. Her condition was terminal, and the nephew could not wait to get his hands on his inheritance. One night, his girlfriend demanded that he buy her an engagement ring or she would break up with him. Out of time, the nephew went to the hospital and broke into the cabinet where the drugs were kept. Unbeknownst to the defendant, a nurse in the hospital, the nephew injected 1,000 mg's of a powerful muscle relaxant into the IV bag bound for his aunt's room. Ten mg's is the prescribed dosage of the muscle relaxant. The defendant, unaware of the IV's lethal capability, attached the new bag to the aunt's IV drip. The aunt's death was swift, and attempts to revive her were futile. The nephew celebrated his inheritance with a bottle of Champagne with his girlfriend. Unfortunately for the nephew, his aunt had changed her will some months prior to this, and all the aunt's money was left to her dog. If the defendant is prosecuted for administering the IV, she will most likely be found

Choices:
- guilty, as a principal in the first degree.
- guilty, as a principal in the second degree.
- guilty, as an accessory after the fact.
- not guilty.


Question: A professor, being fee simple owner of an apartment building, made a conveyance thereof in these words, "I hereby convey my apartment building to my son and daughter as tenants in common. " In the deed instrument, which was properly executed, the professor reserved a life estate to himself. The professor then told his children of his conveyance and put it in the family vault in the library for safekeeping. Thereafter, the son married a doctor. The professor, who disliked the doctor, then executed another deed that he labeled "a correction deed. " In the "correction deed," the professor conveyed the apartment building "to my son and daughter as joint tenants with right of survivorship. " According to the new deed, the professor again reserved a life estate to himself. Both children accepted delivery of the "correction deed. " Six months later, the son died intestate, leaving the doctor as his sole heir. Title to the apartment building is in

Choices:
- the daughter and the doctor as tenants in common.
- the daughter subject to the professor's life estate.
- the daughter and the doctor as tenants in common, subject to the professor's life estate.
- the daughter and the doctor as joint tenants with survivorship rights, subject to the professor's life estate.


Question: A mechanic agreed in writing to make repairs to a landscaper's truck for $12,000. The mechanic properly made the repairs, but when the landscaper tendered payment, the mechanic refused to deliver the truck unless the landscaper promised to pay an additional $2,000. The customary charge for such work was $14,000. Because the landscaper needed the truck immediately to fulfill existing contractual obligations, and because no rental trucks of the same type were available, the landscaper promised in writing to pay the mechanic an additional $2,000. The mechanic then delivered the truck. Will the mechanic be able to enforce the landscaper's promise to pay the additional $2,000?

Choices:
- No, because the landscaper had no reasonable alternative but to yield to the mechanic's wrongful threat.
- No, because the mechanic exerted undue influence over the landscaper with respect to the modification.
- Yes, because the landscaper could have obtained possession of the truck through legal action rather than by agreeing to the increased payment.
- Yes, because the modified contract price did not exceed a reasonable price.


Question: A buyer expressed interest in purchasing an industrial air-conditioning system manufactured by the seller. The parties agreed orally on a price of $100,000 for the system, but continued to negotiate over several points. When all matters regarding the air-conditioning system were finally settled, the parties signed a written agreement. It provided that the price for the system, which would be delivered on June 1, would be $110,000. The written agreement, a lengthy form contract, did not contain a merger clause. The seller delivered the system on June 1, but the buyer refused to pay more than $100,000, citing the earlier oral agreement as to price. The seller sued the buyer for the additional $10,000 under the written agreement. Is the court likely to admit the evidence of the orally agreed price of $100,000?

Choices:
- No, because the buyer assumed the risk of any mistake as to price.
- No, because the oral price term would contradict an express term in the written agreement.
- Yes, because the oral price term is relevant to whether the writing should be reformed.
- Yes, because the written agreement did not contain a merger clause.


Question: Under the Establishment Clause, if a government regulation or statute has no sect preference, it may then be deemed to be valid after it first passes an additional three-pronged test under traditional analysis. Please choose which of the following concepts will NOT help a statute or action to be free from establishment of religion suspicions.

Choices:
- It must have a nonspiritual legislative purpose.
- The statute must not foster an excessive government entanglement with religion.
- The statute must prohibit purely secular considerations.
- The statute must have a primary effect that neither advances nor inhibits religion.


Question: While on a camping trip, a defendant became intoxicated and decided to take a walk late at night. He was so drunk he could not find his way back to the campsite. He did, however, come across a secluded mountain cabin, in which he decided to take shelter for the night. Since the door to the cabin was locked, he broke a window and entered the structure. Once inside, he fell asleep on the sofa. When he awoke the next morning he was hungry. The defendant then found some food in the refrigerator, which he cooked and ate. Before leaving the cabin, the defendant looked around to see if there was anything worth stealing. He opened the door to the bedroom and found a gold watch on the nightstand. He placed the watch in his pocket and left the cabin. The defendant was later arrested and charged with burglary. The defendant's strongest defense would be that

Choices:
- he was drunk when he broke into the cabin.
- the crime was not completed until the morning hours.
- he did not have the requisite intent at the time of the breaking and entering.
- the cabin was empty when he entered it.


Question: Late one evening, a police department received a telephone call from an unidentified woman who reported hearing loud shrieks and screams from a neighboring home. The caller furnished the police with the address where the disturbance was taking place. When the police arrived at the home, they discovered the homeowner, bludgeoned to death. The murder weapon was a blood-stained baseball bat found near the victim's body. A subsequent investigation revealed that the homeowner had recently been separated from her husband who had since moved to another city. After questioning several of the victim's friends and relatives, the police concluded that the husband was a prime suspect in the murder. Thus, two detectives went to question the husband about the killing. When they arrived at his apartment, the detectives persuaded the landlord to let them into his apartment. Finding no one inside, they searched the apartment. Before leaving, the detectives took a box of cereal, which they planned to use for a fingerprint comparison. The prints from the cereal box matched those found on the baseball bat. The police provided the grand jury investigating the murder with the fingerprint comparison. The husband is subsequently subpoenaed to testify before the grand jury. Before his scheduled appearance, the husband files a motion to suppress evidence of the fingerprint comparison, contending that the evidence was illegally obtained. His motion should be

Choices:
- granted, because the warrantless search of the husband's apartment was unconstitutional.
- granted, because the grand jury is barred from considering illegally obtained evidence.
- denied, because the exclusionary rule has not been extended to grand jury hearings.
- denied, because the landlord had the apparent authority to authorize the search of the husband's apartment.


Question: A person who was traveling checked into a hotel for the night. While he was watching television in his hotel room, a thief picked the lock on the hotel room door, entered, hit the traveler over the head, and stole his wallet. The traveler, who suffered a concussion, was hospitalized for three days. The lock on the hotel room door fully complied with a local ordinance that prescribed minimum security standards for hotel locks. If the injured traveler asserts a claim against the hotel for damages for his injury and loss of his wallet, the traveler will

Choices:
- prevail, if the lock was defectively designed.
- prevail, because he was a business visitor on the hotel's property.
- not prevail, because the thief's act was an intervening cause.
- not prevail, if the hotel used reasonable care in selecting the lock.


Question: A developer recently acquired a large vacant lot and wished to build a series of 10 tract homes on the lot to offer for sale. On May 1, he telephoned a number of contractors whom he had dealt with in the past and asked them to submit bids to build the homes. One of the contractors in turn sought bids from several subcontractors to determine the overall cost of the job. He notified each subcontractor that he intended to use their bids in submitting a general bid to the developer. A plumber submitted a bid to the contractor in the amount of $50,000, which the contractor used in computing the bid he sent to the developer. On June 1, the contractor submitted a bid to the developer in which he offered to build the 10 tract homes for $500,000. On June 4, the plumber notified the contractor that he had overbooked his crews and could not possibly do the work on the developer's job. On June 5, the developer sent the contractor a signed confirmation letter wherein he stated, "I hereby accept your offer to build the 10 tract homes for $500,000. ', Thereafter, the contractor hired another plumber to complete the plumbing work at a cost of $60,000. The contractor then explained the situation to the developer and requested that the overall cost of the job be increased to $510,000. The developer refused on the grounds that he had a contract for $500,000 and that this was the contractor's problem. The contractor then built the 10 tract homes, and the developer sent him a check for $500,000. Which of the following best supports a claim for $10,000 by the contractor against the plumber who refused to do the work?

Choices:
- The plumber made an offer that the contractor accepted by using the plumber's bid in computing the bid he submitted to the developer.
- The plumber's bid was a "firm offer" that was not revocable, since both the plumber and the contractor were merchants.
- The contractor made an offer to the plumber that the plumber accepted when he submitted his bid.
- An option contract was created, because the contractor, with the plumber's knowledge, used the plumber's bid in computing the bid he submitted to the developer.


Question: On February 1, a woman conveys her farm to a man, and the man duly records the conveyance. The following day, the man conveys the property to his sister; she does not record her deed. Then on February 4, the man executes an identical conveyance of the farm to a friend. The friend gives the man a check for $100,000 for the property and records the conveyance, even though he has actual knowledge of the prior conveyance to the sister. The sister, however, records her deed on February 6. The friend then conveys his interest in the farm to a farmer, who gives a purchase price of $115,000 to the friend. On February 5, the farmer purchases the farm without notice of the conveyance to the sister and duly records the deed. If the property in question was located in a state having a notice-type statute, which of the following parties would ultimately prevail?

Choices:
- The farmer.
- The sister.
- The friend.
- The man.


Question: A western parcel, a central parcel, and an eastern parcel are three business lots abutting each other, with the central parcel between the other two lots. A business owner owns the central parcel in fee simple and maintains his dwelling house thereon. He has a right-of-way, granted in a written agreement, across the eastern parcel for crossing the eastern parcel on foot, by bicycle, or automobile. A landscaper is the owner of the eastern parcel. An investor owns the western parcel and conveys it to the business owner in fee simple. The business owner then builds a 15-story office building, covering the western parcel and the central parcel, which houses 6,000 persons during working hours each day. All of these persons use the right-of-way over the eastern parcel, and the business owner uses the way for delivering as many as 30 loads of supplies per day to the office building. In an action by the landscaper to enjoin the business owner and the office workers from using the right- of-way across the eastern parcel, the court will most likely hold that

Choices:
- the business owner's right-of-way would be extinguished due to excessive use by the office workers.
- the business owner's right-of-way would be forfeited due to the unauthorized use by the office workers.
- the business owner, by making use of the right-of-way beyond the scope of the original privilege, would permanently be enjoined from using the servient tenement.
- Although the business owner may continue to use the right-of-way, the office workers would be enjoined from making such use.


Question: A plaintiff filed an action in federal district court and served the defendant with the summons and complaint. The defendant moved to dismiss the complaint for failure to state a claim. Instead of opposing the motion to dismiss, the plaintiff voluntarily dismissed the action and filed a new action, alleging the same claims but also addressing the pleading defects outlined in the defendant's motion to dismiss. The defendant then moved to dismiss the second action, and the plaintiff again voluntarily dismissed the second action instead of filing opposition papers. The plaintiff then filed a third action, alleging the same claims but also including additional allegations that were responsive to the defendant's second motion. The defendant has moved to dismiss the third action; the plaintiff opposes the motion. Is the court likely to grant the defendant's motion?

Choices:
- No, because the plaintiff has promptly and diligently attempted to address the pleading defects.
- No, because the plaintiff voluntarily dismissed each previous action before the defendant filed an answer or moved for summary judgment.
- Yes, because the plaintiff failed to seek a court order dismissing the second action.
- Yes, because the plaintiff's previously dismissed actions asserting the same claims dismissed actions asserting the same claims operate as an adjudication on the merits.


Question: A man and a woman agreed that the woman would rob a bank and that the man would steal a car beforehand for the woman to use as a getaway vehicle. The man stole a car and parked it two blocks from the bank. He left the car key under the floor mat with a note saying that he wanted nothing more to do with the scheme. The next day, the woman robbed the bank and ran to the spot where the man had said he would leave the stolen car. She then escaped in the car and disappeared. She never shared any of the money with the man. In a jurisdiction that has adopted the bilateral requirement for conspiracy, can the man properly be convicted of conspiring with the woman to rob the bank?

Choices:
- No, because the man received no benefit from the robbery.
- No, because the man withdrew from the conspiracy.
- Yes, because the robbery was successful due in part to the man's actions.
- Yes, because there was an agreement to rob the bank and an overt act in furtherance of the agreement.


Question: A writer sent a four-page synopsis of an idea for a new television series to a Hollywood producer. He sent it in response to an ad for new ideas in an industry publication. He discussed it with the producer's assistant in a phone call, and mentioned his expectation of compensation. She said, "Well, of course, we always pay for a writer's work." She said she would go over it with her boss to see if he liked it. Several months later, the writer saw a casting call for a new series. The plot and characters were nearly identical to those described in his synopsis. He sued the producer for breach of contract. The producer defended by arguing that there was no contract. What is the likely ruling of the court?

Choices:
- The court will rule that there is an express contract because there was a meeting of the mind and mutual assent to the basic terms.
- The court will rule that there was an implied in fact contract between the parties based on the conduct that they manifested.
- The court will rule that there was no consideration specifically mentioned and under those circumstances, the law viewed the synopsis as a gift to the producer.
- There were too many terms left out for this to be a contract, and it was too indefinite for the court to imply what the terms might have been.


Question: A state has recently enacted a statute that provides no person or company may be awarded any state construction contract unless the person or company agrees to hire only citizens of the state. The primary purpose of the statute is to help alleviate the state's high rate of unemployment. Which of the following, if established, is the strongest argument in support of the statute if it is attacked as violating the commerce clause?

Choices:
- The statute will help racial minorities living in the state obtain gainful employment.
- The state has the highest unemployment rate in the country.
- If the state uses its own taxpayer funds to purchase construction materials, it is responsible for creating demand for the required labor.
- The statute was overwhelmingly adopted by the voters of the state.


Question: A manufacturer of widgets entered into a written agreement to deliver 500 widgets to a buyer. The contract provided that the widgets would be shipped C. O. D. The manufacturer subsequently delivered 490 widgets, which were accepted and paid for by the buyer. If the buyer brings suit for breach of contract against the manufacturer, the buyer will most likely

Choices:
- not recover, because under the circumstances the manufacturer substantially performed.
- not recover, because the buyer accepted delivery of the 490 widgets.
- recover, because the manufacturer failed to perform his contractual obligation.
- recover, because the manufacturer's failure to deliver the additional widgets resulted in a material breach.


Question: A plaintiff was suffering from a respiratory infection and his doctor prescribed for him a drug that was manufactured by a pharmaceutical company. With every prescription of this drug distributed, the company inserted a written warning, which stated:"Use of this drug may cause dizziness. "In accordance with the prescription, the plaintiff received a four-day supply of the drug from his neighborhood pharmacy, which passed along the warning to the plaintiff. After two days, the plaintiff felt much better and went back to work at a home improvement store, where he was the manager. The plaintiff continued to take the drug until his supply was exhausted. On the fourth day, the plaintiff took his final capsule at 2:00 p. m. While he was driving his car home at 5:45 that afternoon, he became dizzy and crashed into a tree. As a result, he received multiple injuries. The plaintiff decided to consult an attorney, who filed a lawsuit on the plaintiff's behalf against the pharmaceutical company, alleging that the company was responsible for the accident and resulting injuries on the theories of negligence and strict liability. At trial, the plaintiff's attorney attempts to introduce evidence that subsequent to this accident, the company expanded its warning to read: "Use of this drug may cause dizziness. Do not drive for five hours after use. "Such evidence is

Choices:
- admissible as an indication that the company did not use due care in wording its original warning.
- admissible as a declaration against interest, to prove the possibility of alternate warnings.
- inadmissible to show that the company was negligent in wording its original warning.
- inadmissible, because the subsequent warning is not relevant to the feasibility of a modified warning.


Question: A woman acquired land by a deed that contained the following language in the grantee section: "to [the woman], her heirs and assigns, provided, however, that said grantee may not transfer any interest in the land for 10 years from the date of this instrument." Two years later, the woman contracted to sell the land to an investor for a price based on a recent appraisal. When the investor's title search revealed the above language in the grantee section of the deed to the woman, the investor refused to close the transaction. The contract was silent as to the woman's title obligation. The woman has sued the investor for specific performance. Who is likely to prevail?

Choices:
- The investor, because the woman cannot sell the land during the 10-year period specified in the deed.
- The investor, because the woman's heirs did not join in the contract.
- The woman, because the contract did not obligate her to provide marketable title.
- The woman, because the deed's restraint on transfer is void as a matter of law.


Question: A police officer stopped a driver who had run a red light. Upon approaching the car, the officer noticed a strong odor of alcohol and immediately asked whether the driver had been drinking. The driver admitted having had several alcoholic drinks that evening. The driver, charged with driving while intoxicated, moved to suppress the officer's testimony regarding the driver's statement about his drinking. The driver argued that the officer had elicited the statement without providing the requisite Miranda warnings. The prosecutor has responded that the statement The prosecutor has responded that the statement should be allowed in the prosecution's case-in- chief or, at a minimum, should be allowed as impeachment in the event the driver testifies and denies drinking. How should the court rule regarding the driver's statement admitting his drinking?

Choices:
- The statement should be allowed, because although the driver was in custody, the officer's spontaneous utterance upon smelling alcohol did not rise to the level of interrogation.
- The statement should be allowed, because the driver was not in custody for Miranda purposes when the admission was made.
- The statement should be suppressed both in the prosecution's case-in-chief and as impeachment evidence, even if the driver testifies.
- The statement should be suppressed in the prosecution's case-in-chief, but it may be prosecution's case-in-chief, but it may be used as impeachment evidence if the driver testifies.


Question: A buyer purchased a new dishwasher from an appliance store. This dishwasher had been manufactured by an appliance company. After the dishwasher had been installed in the buyer's home, it functioned properly for the first month. Then it began to make a loud rattling noise whenever it was in use. The buyer called the appliance store, and a manager there assured her that it was not uncommon for the dishwasher to make such a noise. Moreover, he indicated that the machine's clamorous sound would eventually disappear with continued use. One week later, after a dinner party, the buyer placed her most expensive china set in the dishwasher and turned on the machine. After the dishwasher had been in operation for a few minutes, the buyer heard the rattling noise followed by the sound of breaking china. She immediately stopped the machine. Upon looking inside, she saw that a blade from the dishwasher had broken, destroying her entire china set. If the buyer asserts a claim for strict products liability against the appliance company, will she prevail?

Choices:
- Yes, because the dishwasher was defective.
- Yes, because she was the purchaser of the dishwasher.
- No, because the buyer was not personally injured.
- No, because a reasonably prudent person would have discontinued using the dishwasher after becoming aware of the rattling noise.


Question: While walking across the street one afternoon, a pedestrian was hit by a car and thrown down in the middle of the intersection. The driver of the vehicle did not stop. Although he never lost consciousness, the pedestrian was in excruciating pain and has been taking strong painkillers since the accident that have affected his memory of the accident. At trial, the pedestrian calls a renowned hypnotist to testify. The hypnotist proposes to testify that after he placed the pedestrian under a hypnotic spell, the pedestrian gave a detailed account of the accident and told the hypnotist that the driver ran a red light and that the driver's license plate number was GIJO-7 14. The driver concedes that his license plate number isGIJO-7 14. The hypnotist's proposed testimony will most likely be held to be

Choices:
- admissible, because the license plate identification substantiates that the other information is accurate and trustworthy.
- admissible, because it is a statement of past recollection refreshed.
- inadmissible, because it is hearsay not within any recognized exception.
- inadmissible, because statements procured through hypnosis cannot be authenticated as truthful.


Question: A man who was emotionally upset due to marital problems voluntarily checked into a private medical facility for treatment. State law provided that if he tried to leave against medical advice, the hospital could hold him for 72 hours while trying to convince him to stay. During the stay, he told his medical providers that he was intensely angry at his wife, who was living with another man, and he wanted to harm her. Despite that knowledge, the hospital issued him an unrestricted weekend pass. When he got out he shot and killed his wife. The man's children sued the hospital for negligence. The hospital filed a motion to dismiss mainly because there was no privity with the decedent and no duty owed to her. Will the court grant the motion to dismiss?

Choices:
- No, because the hospital is strictly liable for releasing patients who it knows or should know represent an unreasonable danger to third persons.
- No, because the special relationship and the control between doctor and an in-patient mandates due care by the doctor to prevent a foreseeable danger to others.
- Yes, because there is no duty to control the conduct of another person to prevent that person from harming others.
- Yes, because the intervening acts of third parties are unforeseeable and cannot give rise to liability.


Question: A gardener sued a homeowner for breach of contract. The gardener claims that the homeowner hired him to perform landscape work at his home. After performing the gardening services, the homeowner paid him $100. The gardener, who speaks only English, contends that the homeowner, who speaks only Japanese, originally agreed to pay him $200 for the work. When the parties entered into their agreement, the gardener was accompanied by his friend, who is now deceased, who spoke both English and Japanese. This jurisdiction has a typical Dead Man's Statute in effect. At trial, the gardener now seeks to testify to the terms of his agreement with the homeowner as communicated to him by his friend. Upon objection by the homeowner's attorney, the gardener's proposed testimony is

Choices:
- admissible as an admission by a party-opponent.
- admissible as non-hearsay to corroborate evidence of a verbal act.
- inadmissible, because of the Dead Man's Statute.
- inadmissible, unless it is established that the gardener accepted the friend as the homeowner's agent in communicating the terms of the contract.


Question: The Traditional Religion Advocacy Party (TRAP) has successfully lobbied the State of Texarkana for a statute named "Equal Rights for All Religions." The law requires broadcasters that air segments discussing Christianity to allow equal time for segments on Judaism, Islam, Hinduism, and Buddhism. The American Atheism Association (AAA) has put together a broadcast segment about atheism, rejecting all religions, but four of the five Texarkana stations have declined to air the segment because they believe it would violate the statute. AAA has filed suit against the state, challenging the constitutionality of the statute. What is the strongest argument AAA can make in support of striking down the Equal Rights for All Religions statute?

Choices:
- The First Amendment prohibits government interference with freedom of the press.
- The fact that the statute involves only broadcast media and not print media is an Equal Protection violation.
- The First Amendment prohibits government interference with the free exercise of religion.
- The statute is not narrowly tailored to promote a compelling governmental interest.


Question: A state legislature enacts a statute prohibiting the sale of contraceptive devices to married persons. This state statute prohibits the use of contraceptive devices by married persons. A physician who practices in the state brings suit in federal court challenging the constitutionality of the state contraceptive statute. The physician attacks the validity of the statute on the grounds that it prevents him from giving professional advice concerning the use of contraceptives to three patients, all of whom are married, whose condition of health might be endangered by child bearing. The plaintiff is likely

Choices:
- to have standing.
- to have standing jus tertii.
- not to have standing.
- not to have standing jus tertii.


Question: In a large city littering is always a problem. The state anti-littering statute forbids throwing trash and other matter from any vehicle onto the public roads. It's a summary offense carrying a $50 fine and no imprisonment. On the third offense, the fine is $500 and there is a 5-day jail sentence. The statute does not mention any requirement of criminal intent. John and his family are coming back from a weekend picnic when his children throw bags of refuse and the remains of their lunch out of the rear window of the moving vehicle. John is stopped and given a $50 ticket. Can he succeed with a defense that he didn't know what his children were doing and that he had no criminal intent to break any laws?

Choices:
- No, because this is likely a strict liability law that does not provide for defenses based on mental state.
- Yes, because he didn't know what his children were doing in the back seat and he had not participated in the violation nor did he know that they did it or were going to do it.
- Yes, because the police have no way of proving who in the car threw the garbage out the window.
- No, because his criminal intent is clearly established by the circumstances of the events.


Question: A builder contracted in writing to construct a small greenhouse on a homeowner's property for $20,000, payable upon completion. After the builder had spent $9,000 framing the greenhouse and an additional $1,000 for materials not yet incorporated into the greenhouse, the homeowner wrongfully ordered the builder to stop work. The builder then resold the unused materials that he had already purchased for the greenhouse to another contractor for $1,000. At the time the homeowner stopped the work, it would have cost the builder an additional $5,000 to complete the project. The an additional $5,000 to complete the project. The partially built greenhouse increased the value of the homeowner's property by $3,000. In a suit by the builder against the homeowner, how much is the builder likely to recover?

Choices:
- $3,000, the increase in the value of the homeowner's property.
- $10,000, the total cost expended by the builder at the time of the breach.
- $14,000, the total cost expended by the builder ($10,000) plus the builder's expected profit ($5,000), minus the loss avoided by the resale of the unused materials ($1,000).
- $15,000, the contract price ($20,000) minus the costs saved by the breach ($5,000).


Question: A national distributor of windows selected a retailer to sell its windows in a specified geographic area. The parties negotiated a written distribution agreement, which stated that any order for windows placed by the retailer would be binding on the distributor "only when expressly accepted by the distributor." For the next two years, the retailer forwarded orders to the distributor, and the distributor always filled the orders. In the third year, the distributor accused the retailer of overcharging customers to install the distributor's windows. The retailer responded that the distributor had no control over the retailer's installation prices. When the distributor received the retailer's next order for windows, it refused to fill the order. If the retailer sues the distributor for breach of contract, will it be likely to prevail?

Choices:
- No, because the retailer's forwarding of orders to the distributor did not give rise to an obligation on the distributor's part to fill the orders.
- No, because the retailer's practice of overcharging customers excused the distributor's refusal to fill the order.
- Yes, because the distributor's claim regarding overcharging customers is independent of its obligation to fill the retailer's order.
- Yes, because the parties' course of dealing binds the distributor to fill the retailer's order.


Question: A homeowner wished to have his house painted. He contacted a number of house painters in his area and asked them to submit bids to do the work. The homeowner received 10 bids. The first nine offered to paint the house for amounts ranging from $10,000 to $12,500. The 10th bid was sent by telegram and was supposed to be for $10,000. However, the telegraph company made a mistake and transmitted the bid as $1,000. The homeowner immediately accepted the 1 0th bid, but the 1 0 painter refused to perform. The I 0th painter's best defense in an action for breach of contract by the homeowner would be

Choices:
- that the homeowner should have been aware of the mistaken transmission, because of the disparity between its bid and the others.
- that the telegraph company should be liable as an independent contractor.
- that the homeowner was under an affirmative duty to investigate all submitted bids.
- that the mistake made the contract unconscionable.


Question: A man told his neighbor, "If you will mow my lawn, I will pay you $50. " The neighbor then purchased gasoline for the mower so he could mow the lawn. The neighbor wheeled his lawn mower to the man's property and started the engine. At that moment, the man suddenly yelled, "I hereby revoke my offer. "If the neighbor thereafter mows the man's lawn, will he recover the $50?

Choices:
- Yes, because there was an offer for a unilateral contract that became irrevocable prior to the man's attempted revocation.
- Yes, under the doctrine of quasi-contract.
- No, because the man's revocation was effective, since the neighbor had not completed performance.
- No, because the neighbor had done nothing more than prepare to accept the offer prior to the man's revocation.


Question: A 12-year-old girl and her friends were playing catch with a baseball in the middle of a field of grass in the park. Near the edge of the field, a woman was sitting in a beach chair and reading a book. The girl threw the ball too far, and it went over her friends' heads and flew toward the woman. Although the woman did not see the ball coming, it hit the straw hat that the woman was wearing, knocking it from her head. Although the woman was not touched by the ball, she was startled by the ball hitting her hat, and she fell from her chair and broke her arm. If the woman initiates a suit against the girl to recover damages for her broken arm, the woman will

Choices:
- recover for assault only.
- recover for battery only.
- recover for assault and battery.
- not recover.


Question: A retiree, advancing in age, realizes that he is no longer able to farm his 1,000 acres and therefore decides to sell some of the farmland in parcels of 250 acres. The president of a development company is interested in purchasing three of the four parcels. The president buys the three parcels from the retiree and begins formulating plans for constructing single- family dwelling units. The original deed between the retiree and the development company contains a provision expressly binding "upon all subsequent grantees, their heirs, and assigns," stipulating that any further subdivisions by any such persons shall be restricted to minimum two-acre lots to be used for single-family dwelling units only. The development company immediately subdivided two of the parcels into lots of three, four, and five acres, and began construction of homes thereon. The original deed restrictions were enumerated within the special warranty deeds and were given to the purchasers of the homes in the new development, called tract I. Two years later, the president sold the remaining 250-acre parcel, which had not been included in the tract 1 subdivision plan, to a contractor. The deed between the president and the contractor included the same restriction as was in the original deed between the retiree and the president. The contractor, in turn, drafted a subdivision plan for the last 250-acre parcel, dividing it into one-acre lots. The contractor then commenced construction of single- family dwelling units in the new development, to be known as tract 2. There was no mention of the restriction for two-acre minimum lots in the deeds to the purchasers of the new homes in tract 2. In a subsequent action to enjoin the contractor from subdividing the parcel into one-acre lots by any of the present owners of lots in the tract 1 development, the most probable judicial determination would be

Choices:
- that the action should be dismissed because the owners lack standing to sue.
- that the action should be dismissed because there is no privity of estate between the owners of the lots in tract 1 and the contractor.
- that the action would be successful if tract 2 were considered by the court as part of a common development scheme.
- that the action would be successful because the restrictions in the original deed between the retiree and the president will be enforceable.


Question: A young man suggested to his friend that they steal a large-screen TV from a neighbor's house. The friend wasangry with the young man and decided to use the opportunity to get even with him by having him arrested. Thefriend said he would help, and that night, he drove the young man to the neighbor's house. The young manbroke in while the friend remained outside. The friend called the police on his cell phone and then drove away. Police officers arrived at the scene just as the young man was carrying the TV out the back door. The friend is guilty of what offense in a common law jurisdiction?

Choices:
- No crime.
- Conspiracy.
- Burglary.
- Conspiracy and larceny.


Question: At the close of all the evidence in a jury trial, Defendant moves for a directed verdict. After much argument, the court denies the motion. Subsequently, the jury returns a verdict for Plaintiff. The day after the jury returns its verdict, the court enters judgment for Plaintiff. One week later, Defendant moves to set aside the verdict and have judgment entered in accordance with its motion for directed verdict. In the motion, Defendant raises arguments that were not raised at trial. Plaintiff's counsel objects to the court even hearing the motion to set aside the verdict. Should the court consider the motion?

Choices:
- Yes, because Defendant has raised new grounds.
- Yes, because Defendant had ten days after the jury returned its verdict within which to move to set aside the verdict.
- No, because the court denied the motion for directed verdict rather than reserving ruling.
- No, because the court entered final judgment for Plaintiff before the motion to set aside the verdict was filed.


Question: An architect is the owner of a large two-story office building. The architect designed and supervised the building's construction. He and his associate occupy the first floor for their architectural business. In June 2005, the architect entered into a valid and binding written lease with a tenant to rent the second floor office space for four years at a monthly rental of $5,000. The lease contained a provision wherein the architect was required to repaint the second floor premises after two years of occupancy. On June 1, 2007, the tenant sent the architect a written letter requesting the repainting of the second-floor office space. The architect made no reply and failed to perform the repainting as the lease required. The cost of repainting the tenant's office was estimated at $1,750. On July 1, 2008, the architect had still not repainted the premises. The following day, the tenant moved out, mailed the keys to the architect, and refused to pay any more rent. The lease was silent as to the rights and remedies of the tenant due to the architect's failure to perform the repainting. There is no applicable statute in the jurisdiction. In an appropriate action by the architect against the tenant for the rent due, the architect will

Choices:
- win, because there was no constructive eviction.
- n, because the tenant had the remedy of self-help.
- lose, because he cannot maintain an action for rent while in breach of an express covenant.
- lose, because the obligation to pay rent is dependent on the architect's performance of his express covenant.


Question: A pedestrian was walking down the sidewalk past a building that was being painted. A ladder used by the painters fell and struck the pedestrian, causing an injury to his shoulder. In an action by the pedestrian against the painting company based on the theory of negligence, which of the following is the most accurate statement regarding the burden of proof?

Choices:
- The pedestrian must prove beyond all reasonable doubt that the painting company was negligent.
- The pedestrian must prove by a preponderance of the evidence that the painting company was negligent.
- The painting company must prove by a preponderance of the evidence that it was not negligent.
- There is a rebuttal presumption of negligence on the part of the painting company under the doctrine of res ipsa loquitur.


Question: During the final days of his presidency, many of the President's Cabinet members began leaking rather embarrassing stories about the President to the press. In one such story, which appeared in a newspaper, an unidentified Cabinet member was quoted as saying that the President pardoned the owner of a professional baseball team, for a previous felony conviction because the owner promised to give the President a lifetime pass to all future games. Upset by these news "leaks," the President, in his last official act, issued an executive order banning all executive employees from having conversations with members of the press unless prior permission had been obtained from an administrative supervisor. The executive order called for the dismissal of any employee willfully in violation of that order. After the President left office, the press made repeated references to the executive order and derisively referred to it as the President's legacy. Nonetheless, after the new President took office he promised to abide by the order. Thereafter one of the Vice President's senior advisers, leaked a story to a magazine stating that the Vice President told staff members that the only reason he visited a city following an earthquake was because he wanted to play golf at a nearby golf course. The magazine printed the story and named the senior adviser as the source. In compliance with civil service regulations, a hearing was conducted and the senior adviser was found to have violated the executive order barring unauthorized conununications with print media. Subsequently, the senior adviser was summarily dismissed from his executive staff position. The senior adviser brings an appropriate action seeking reinstatement and challenges the constitutionality of the executive order. If this case reaches the U. S. Supreme Court, the justices should rule the executive order is

Choices:
- constitutional, because governmental employment is a privilege and not a right.
- constitutional, because the President has plenary power to set forth employment regulations for executive department employees.
- unconstitutional, because Congress, not the President, has authority to regulate the terms and conditions of federal employment.
- unconstitutional, because the President cannot broadly limit all executive employees' freedom of speech and association.


Question: A well-established paper mill and a logging company signed a written contract in which the mill agreed to buy from the company all the logs the mill would need for one year. The company was unable to keep up with the mill's needs, and its log deliveries fell short by 10% to 15% in each of the four quarters of the year. The mill paid the company on time for all delivered logs. The mill paid an attorney $2,000 for advice concerning its options in enforcing the contract. It paid a broker a reasonable fee of $5,000 to find additional logs to make up for the company's shortfall. The mill also incurred reasonable costs of $25,000 to transport the additional logs to its facility. Despite the mill's efforts to mitigate damages, it sustained $200,000 in losses because of the company's failure to timely deliver enough logs. The mill has sued the company for breach of contract. If the court finds for the mill, how much should it award in damages?

Choices:
- $205,000.00
- $225,000.00
- $230,000.00
- $232,000.00


Question: A woman owned land that abutted a public highway to the south. A neighbor owned the land immediately to the north. The neighbor's predecessor had received an easement from the woman's predecessor in title to cross the woman's land for access to the public highway. This access was desired even though the neighbor and his predecessor had other access to public roads. Recently, the woman erected a large solar collector on a portion of her land subject to the easement, even though the woman has other power resources. The location was essential to acquire the maximum sunlight. However, by erecting the collector there, the woman effectively cut off the neighbor's ability to use the easement. The local zoning code permits the use of solar collectors. The neighbor immediately sued to compel the woman to remove the solar collector. Must the solar collector be removed?

Choices:
- No, because the neighbor has other means of access.
- No, because the zoning code permits the use of solar collectors.
- Yes, because the easement remains valid.
- Yes, because the woman has other power resources.


Question: A defendant was booked on a commercial airline flight. When the defendant arrived at the airport, two undercover police narcotics agents observed him. His appearance and actions led the police to believe that he fit the description of a predetermined profile of a drug courier. The officers approached the defendant and told him they wanted to detain him for questioning. The defendant asked what for, and the police explained that they were narcotics agents assigned to the airport and that he fit the profile of a drug courier. They then asked the defendant to hand over his overnight bag. The defendant refused. The officers then explained that he wouldn't be permitted to board the plane unless they inspected the contents of his bag. The defendant told the officers that he changed his mind and decided not to fly today after all. The officers still requested that the defendant turn his overnight bag over to them. The defendant did so, and then he was given permission to leave the airport. The next day, the police had a dog sniff the defendant's bag for narcotics. The results of this search gave police suspicion to believe that the bag contained narcotics. They opened the defendant's bag and found heroin inside. The defendant was subsequently arrested and charged with unlawful possession of narcotics. At trial, the defendant's attorney moves to prevent introduction of the heroin into evidence. This motion will most likely be

Choices:
- granted, because the police did not have probable cause to hold the bag overnight for the search.
- granted, because the heroin was discovered as a result of an unlawful airport detention.
- denied, because the defendant fit the predetermined profile of a narcotics courier.
- denied, because the search resulted from a lawful airport detention.


Question: A mother whose child had birth defects sued the pharmaceutical company that made the purportedly dangerous drug prescribed to her during pregnancy. At trial, she offered an expert witness to prove that the drug was a substantial factor in causing the baby's injuries. The expert was a Ph.D. medical researcher with an additional degree in computer science. He had experience in the research and development of similar drugs for other large pharmaceutical companies. He had published relevant articles in peer review journals describing the dangers of these types of drugs. The findings were endorsed by other experts in the field. On the subject litigation, he performed a differential diagnosis, conducted several scientifically valid tests, and made various calculations. He concluded that the drug was the culprit in this case. The Defendants made a Daubert motion challenging the witness' qualifications and the reliability of his testimony, arguing he was a mere researcher and not a physician. Is the court likely to grant the motion and preclude the witness as an expert?

Choices:
- Yes, the proposed testimony was not reliable in that it was based on scientific testing only and did not discuss medical science or rule out other causes.
- No, the testimony was admissible because several factors militated in favor of the expert's opinion being reliable, and thus helpful to the jury in determining the critical issue of causation.
- Yes, the proposed testimony was inadmissible because it was general and did not tie in the expert's knowledge with the case being litigated.
- No, the testimony was admissible because the expert's opinion was so authoritative that the court would order the jury to adopt its findings as a matter of law.


Question: A driver parked his automobile in front of a row of shops, one of which was a barber shop where he planned to get a haircut. Realizing that he did not have any change for the parking meter, the driver entered the closest shop, a convenience store, to get change for a $10 bill. After the driver obtained change from one of the clerks in the convenience store, a section of the store's ceiling fell on him as he was about to leave the store. The store had failed to discover the weakened condition of the ceiling. The driver suffered serious head injuries from the falling plaster. In an action by the driver against the convenience store for negligence, the plaintiff will most likely

Choices:
- recover, because the store was negligent in failing to inspect its premises and discover dangerous conditions that might harm its invitees.
- recover, because the driver had intended to purchase merchandise when he entered the store.
- not recover, because the driver was merely a licensee in the store.
- not recover, because the store only had an obligation to disclose to invitees any known dangerous conditions on the premises.


Question: A landlord is the owner in fee simple of a tract ofland on which is situated a studio. The landlordleases the land and building thereon to a tenant fora term of seven years, commencing on August 1,2001, and terminating at midnight on July 31, 2008. The lease contains the following provisions:"(1) The tenant covenants not to assign the leased premises without the consent of the landlord. "After three years of the lease had expired, the tenant, without the consent of the landlord, assigned the entire balance of the lease period to a dance instructor, who took immediate possession of the leased property. The landlord accepted rental payments from the dance instructor. Then in 2005, the dance instructor assigned his leasehold interest to a yoga instructor who went into possession. Assume for the purposes of this question only that the landlord, after learning of the dance instructor's assignment to the yoga instructor, brings suit against the dance instructor to have the assignment declaredvoid. The landlord will most likely

Choices:
- succeed, because the original leasehold agreement prohibited assignments.
- succeed, because the covenant prohibiting assignments did not run with the land.
- not succeed, because in accordance with the Rule in Dumpor's Case, where the landlord consents to one transfer, he waives his right to avoid future transfers.
- not succeed, because the privity of estate between the dance instructor and the landlord terminated when he assigned the leasehold to the yoga instructor.


Question: A college student owns an expensive sports car. His friend called him up one afternoon and asked to borrow his car for a date he had that night. The college student generously lent the car to his friend. On his way home from the date, basking in the memories of a beautiful evening, the friend lost control of the car and hit a pedestrian. As a result of the accident, and after learning that the friend had no money and no insurance, the pedestrian brought suit against the college student to recover for his injuries. He asserted a claim against the college student for negligent entrustment of a vehicle. During his case, the pedestrian introduced evidence that the friend had been in several previous accidents. In his defense, the college student offered the testimony of his girlfriend that the college student frequently lent his car to his friend. The girlfriend further testified that the college student gave his friend permission to use his car only after determining that the friend was a careful and attentive driver. The girlfriend's testimony is

Choices:
- admissible as evidence of habit.
- admissible as a present sense impression.
- inadmissible, because it goes to the college student's character.
- inadmissible, because she is biased.


Question: A corporation under the authority of a state statute, sued to have condemned 1,000 acres of forested land owned by a tree company. The corporation intended to use the land to develop physical endurance and obstacle courses meant to train private security firms and forest rangers. After a hearing, the state court ordered possession of the land surrendered to the corporation upon deposit in court of a sum deemed adequate to cover damages that might be awarded. The tree company immediately commenced an action to enjoin the court-ordered sale of its property. Assume that the tree company was not given any notice of the condemnation proceedings by the appropriate state authorities. The tree company's best argument for challenging the validity of the condemnation proceedings would be

Choices:
- violation of procedural due process.
- violation of substantive due process.
- unlawful delegation of legislative power because the state's legislature had no authority to delegate power to a private enterprise for eminent domain.
- the tree company is entitled to a judicial or administrative proceeding in order that the amount of compensation may be determined prior to any "taking. "


Question: An owner of a tract of land in a foothill community hired a general contractor to construct a small summer cottage on the tract of land. The parties entered into a valid, written construction contract that contained a provision that called for an architect's certificate of completion. After completion of the cottage, the owner hired an architect to inspect the contractor's work and issue the certificate. The architect refused in bad faith to execute the certificate. The contractor then sued the owner for the entire contract amount. The owner argued that the lack of issuance of the certificate excused her from further performance under the contract. Upon hearing this argument, most courts will

Choices:
- order the architect to execute the certificate.
- require the contractor to proceed in equity for reformation to eliminate the clause.
- award the contractor damages against the architect.
- excuse the condition and require the owner to pay damages to the contractor.


Question: A supermarket had just reopened after a six-month renovation period. The renovations included the repair, replastering, and repainting of the entire ceiling and walls by the painting company. The day following the reopening of the supermarket, the store's manager noticed small fragments of plaster on the floor, which appeared to have fallen from a part of the ceiling about 10-square-feet in area. The manager immediately posted signs in that area that read: "Caution: Falling Plaster. " In addition, the manager promptly called the painting company and requested a repairman to attend to the problem. That afternoon, a shopper was shopping in the supermarket and wanted to purchase some canned goods in the posted area. Moving quickly, the shopper reached for the desired items. At that very moment, a section of the ceiling fell and struck the shopper, injuring her very seriously. If the shopper asserts a claim against the supermarket, she probably will

Choices:
- prevail, because the supermarket failed to take adequate precaution to ensure the safety of its patrons against such an unreasonable risk of harm.
- prevail, because the supermarket is vicariously liable for the negligence of its independent contractor in the performance of a non-delegable duty.
- not prevail, because the injury was the fault of the painting company.
- not prevail, because the supermarket posted signs warning customers of the risk of harm.