Split (2)

train · 92.9k rows

answer int64 0 3	choices listlengths 4 4	question stringlengths 1 6.54k	__source_orig_idx__ int64 1 99.8k
1	[ "The statute is unconstitutional on its face.", "The statute is constitutional on its face, but Doe could not constitutionally be punished under it for this speech. ", "Doe could constitutionally be punished under the statute for his speech.", "Doe could constitutionally be punished under the statute for his ...	John Doe, the owner of a milk container manufacturing firm, sought to focus public attention on the milk packaging law of the State of Clinton in order to have it repealed. On a weekday at 12 noon, he delivered an excited, animated, and loud harangue on the steps of the State Capitol in front of the main entryway. An a...	117
2	[ "This statute is vague and therefore violates the due process clause of the Fourteenth Amendment.", "This statute is an establishment of religion and therefore violates the due process clause of the Fourteenth Amendment.", "Application of this statute to Doe denies him equal protection of the laws in violation ...	John Doe, the owner of a milk container manufacturing firm, sought to focus public attention on the milk packaging law of the State of Clinton in order to have it repealed. On a weekday at 12 noon, he delivered an excited, animated, and loud harangue on the steps of the State Capitol in front of the main entryway. An a...	118
1	[ "admissible provided that this inquiry was made in the regular course of Investigator's business.", "admissible without production of the inquiry letter or the showing of its unavailability.", "inadmissible unless Peri's attorney has given Denucci notice of Investigator's intended testimony.", "inadmissible ...	Peri sued Denucci for a libelous letter received by Investigator. The authenticity and contents of the letter are disputed.Peri's attorney asks Investigator to testify that, a week before receiving the libelous letter, he had written to Denucci inquiring about Peri. The testimony is	119
3	[ "jury finds that Investigator has quoted the letter precisely.", "jury is satisfied that the original letter is unavailable.", "judge is satisfied that Investigator has quoted the letter precisely.", "judge finds that the original letter is unavailable" ]	Peri sued Denucci for a libelous letter received by Investigator. The authenticity and contents of the letter are disputed.Investigator, if permitted, will testify that "I received a letter that I cannot now find, which read: Dear Investigator, You inquired about Peri. We fired him last month when we discovered that...	120
0	[ "Yes, if Shoe Store was reckless in accepting Photo's statement that Photo had Player's approval. ", "Yes, because the defamatory material was in printed form. ", "No, if Shoe Store believed Photo's statement that Photo had Player's approval. ", "No, because the picture of Player was not defamatory per se" ]	Photo, a freelance photographer, took a picture of Player in front of Shoe Store. Player was a nationally known amateur basketball star who had received much publicity in the press. At the time, the window display in Shoe Store featured "Jumpers," a well-known make of basketball shoes. Photo sold the picture, greatly e...	121
1	[ "Yes, because Photo had no right to take Player's picture. ", "Yes, because Shoe Store, without Player's permission, used Player's picture for profit. ", "No, because Player was already a basketball star who had received much publicity in the press. ", "No, because Shoe Store believed it had permission to put...	Photo, a freelance photographer, took a picture of Player in front of Shoe Store. Player was a nationally known amateur basketball star who had received much publicity in the press. At the time, the window display in Shoe Store featured "Jumpers," a well-known make of basketball shoes. Photo sold the picture, greatly e...	122
2	[ "the mobile home is treated as personalty or realty.", "the restriction constitutes an unlawful restraint on alienation.", "enforcement of the restriction is considered a violation of the equal protection clause of the Fourteenth Amendment of the United States Constitution.", "the terms of the restriction are...	Realco Realtors acquired a large tract of land upon which Realco developed a mobile home subdivision. The tract was divided into 60 lots, appropriate utilities were installed, and a plat of the entire tract, including a Declaration of Restrictions, was properly drawn and recorded. The Declaration of Restrictions includ...	124
0	[ "he was too intoxicated to realize that he was creating a substantial and unjustifiable risk in the manner in which he was operating his car.", "when he got into the car, his acts were not voluntary because he was too intoxicated to know where he was or what he was doing. ", "the pedestrian was contributorily n...	Defendant became intoxicated at a bar. He got into his car and drove away. Within a few blocks, craving another drink, he stopped his car in the middle of the street, picked up a brick, and broke the display window of a liquor store. As he was reaching for a bottle, the night watchman arrived. Startled, Defendant turne...	126
2	[ "intoxication is no defense to the crime charged, because manslaughter is historically a general intent crime. ", "intoxication is a defense only to a specific intent crime, and no specific intent is involved in the definition of the crime of manslaughter. ", "conscious risk-taking refers to Defendant's entire ...	Defendant became intoxicated at a bar. He got into his car and drove away. Within a few blocks, craving another drink, he stopped his car in the middle of the street, picked up a brick, and broke the display window of a liquor store. As he was reaching for a bottle, the night watchman arrived. Startled, Defendant turne...	127
3	[ "legislative power may not be delegated by Congress to an agency in the absence of clear guidelines.", "the commerce power does not extend to the manufacture of automobiles not used in interstate commerce.", "Minicar is denied due process of law because it is not represented on the Commission.", "the Commissi...	The Federal Automobile Safety Act establishes certain safety and performance standards for all automobiles manufactured in the United States. The Act creates a five-member "Automobile Commission" to investigate automobile safety, to make recommendations to Congress for new laws, to make further rules establishing safet...	128
0	[ "allow the Commission to continue investigating automobile safety and making recommendations to Congress.", "allow the Commission to prosecute violations of the act but not allow it to issue rules.", "forbid the Commission to take any action under the act.", "order that all members of the Commission be appoin...	The Federal Automobile Safety Act establishes certain safety and performance standards for all automobiles manufactured in the United States. The Act creates a five-member "Automobile Commission" to investigate automobile safety, to make recommendations to Congress for new laws, to make further rules establishing safet...	129
2	[ "Yes, if a reasonable person would have recognized that there was some risk of falling while climbing the fence. ", "Yes, because Sales Representative, as Car Company's agent, waited for help. ", "No, if it appeared that there was no other practicable way of getting out of the lot before Monday. ", "No, becau...	Johnson wanted to purchase a used motor vehicle. The used car lot of Car Company, in a remote section away from town, was enclosed by a 10-foot chainlink fence. While Johnson and Sales Representative, an employee of Car Company, were in the used car lot looking at cars, a security guard locked the gate at 1:30 p.m., be...	130
3	[ "lose, because there has been a frustration of purpose which excuses Tanner from further performance of his contract to pay rent. ", "lose, because there has been a breach of the implied covenant of quiet enjoyment by Lester's inability to provide Tanner with possession of the whole of the property for the entire...	Lester, the owner in fee simple of a small farm consisting of 30 acres of land improved with a house and several outbuildings, leased the same to Tanner for a 10-year period. After two years had expired, the government condemned 20 acres of the property and allocated the compensation award to Lester and Tanner accordin...	132
2	[ "guilty, because he caused Margaret to be in apprehension of an offensive touching. ", "guilty, because he should have realized that he might strike someone by reaching out. ", "not guilty, because he did not intend to hit Margaret. ", "not guilty, because he did not hit Margaret" ]	Statutes in the jurisdiction define criminal assault as "an attempt to commit a criminal battery" and criminal battery as "causing an offensive touching." As Edward was walking down the street, a gust of wind blew his hat off. Edward reached out, trying to grab his hat, and narrowly missed striking Margaret in the face...	133
3	[ "guilty, because she intentionally pushed Edward. ", "guilty, because she caused the touching of Edward whether she meant to do so or not. ", "not guilty, because a push is not an offensive touching. ", "not guilty, because she was justified in pushing Edward" ]	Statutes in the jurisdiction define criminal assault as "an attempt to commit a criminal battery" and criminal battery as "causing an offensive touching." As Edward was walking down the street, a gust of wind blew his hat off. Edward reached out, trying to grab his hat, and narrowly missed striking Margaret in the face...	134
0	[ "admissible, because it is a declaration of present mental state. ", "admissible, because it is not hearsay. ", "inadmissible, because it is irrelevant. ", "inadmissible, because it is hearsay, not within any exception." ]	Drew was tried for the July 21 murder of Victor.Drew called William to testify that on July 20 Drew said that he was about to leave that day to visit relatives in a distant state. The testimony is	137
0	[ "proper, because it goes to bias. ", "proper, because a relative is not competent to give reputation testimony. ", "improper, because the question goes beyond the scope of direct examination. ", "improper, because the evidence being sought is irrelevant" ]	Drew was tried for the July 21 murder of Victor."Drew called Wilson to testify to alibi. On crossexamination of Wilson, the prosecution asked, "Isn't it a fact that you are Drew's first cousin?" The question is	138
1	[ "the question goes beyond the scope of direct examination.", "the probative value of the answer would be outweighed by its tendency to mislead.", "the question is leading.", "prior jury service in a case involving a party renders the witness incompetent." ]	Drew was tried for the July 21 murder of Victor.Drew called Warren to testify to alibi. On crossexamination of Warren, the prosecutor asked, "Weren't you on the jury that acquitted Drew of another criminal charge?" The best reason for sustaining an objection to this question is th	139
1	[ "To reply to any matter raised in crossexamination.", "Only to reply to significant new matter raised in cross-examination.", "Only to reiterate the essential elements of the case.", "Only to supply significant information inadvertently omitted on direct examination" ]	Redirect examination of a witness must be permitted in which of the following circumstances?	140
1	[ "Jones was incapable of performing Mechanic's work.", "Mechanic had not performed his work in a workmanlike manner. 35", "On March 1, Mechanic had promised Ohner that he would not assign the contract. ", "Jones was not the intended beneficiary of the Ohner-Mechanic contract" ]	On March 1, Mechanic agreed to repair Ohner's machine for $5,000, to be paid on completion of the work. On March 15, before the work was completed, Mechanic sent a letter to Ohner with a copy to Jones, telling Ohner to pay the $5,000 to Jones, who was one of Mechanic's creditors. Mechanic then completed the work. Which...	141
3	[ "John will win, because he had procured the sale of the computer. ", "John will win, because he had promised Bobb to assist in making the equipment work. ", "BCD will win, because Franklin is entitled to the commission on a quantum meruit basis. ", "BCD will win, because John was not employed as a BCD salespe...	BCD, a manufacturer of computers, pays its salespeople a salary of $1,000 per month and a commission of five percent on billings actually rendered for machines that they sell. BCD salespeople are employed at will under written agreements which provide that in order to receive a commission the salesperson must be in the...	142
2	[ "John will win, because BCD benefited as a result of John's services. ", "John will win, because BCD made an implied-in-fact promise to pay a reasonable commission for services that result in sales. ", "John will lose, because there is an express contractual provision pre-empting the subject of compensation for...	BCD, a manufacturer of computers, pays its salespeople a salary of $1,000 per month and a commission of five percent on billings actually rendered for machines that they sell. BCD salespeople are employed at will under written agreements which provide that in order to receive a commission the salesperson must be in the...	143
2	[ "I only", "II only", "I and II only", "I, II, and II" ]	BCD, a manufacturer of computers, pays its salespeople a salary of $1,000 per month and a commission of five percent on billings actually rendered for machines that they sell. BCD salespeople are employed at will under written agreements which provide that in order to receive a commission the salesperson must be in the...	144
3	[ "deny the motion, because of the independence of the federal judiciary constitutionally guaranteed by Article III. ", "deny the motion, because Hobson has established a property right to his federal employment on the tribunal. ", "grant the motion, because Hobson lacks standing to raise the question. ", "gran...	In 1963, Hobson was appointed to a tribunal established pursuant to a congressional act. The tribunal's duties were to review claims made by veterans and to make recommendations to the Veterans Administration on their merits. Congress later abolished the tribunal and established a different format for review of such cl...	145
1	[ "not guilty, because his encouragement and assistance were not the legal cause of the crime. ", "not guilty, because he did not have the mental state required for aiding and abetting. ", "guilty, because he encouraged Alan, and his mistake as to the existence of a prior marriage is not a defense to a charge of ...	Alan, who was already married, went through a marriage ceremony with Betty and committed bigamy. Carl, his friend, who did not know of Alan's previous marriage, had encouraged Alan to marry Betty and was best man at the ceremony. If Carl is charged with being an accessory to bigamy, he should be found	147
2	[ "affirmed, because Darlene's silence at time of arrest is tantamount to a prior inconsistent statement, giving rise to an inference that the story was fabricated. ", "affirmed, because Darlene's silence was not used as direct evidence but only for impeachment, a purpose consistent with legitimate cross-examinatio...	Darlene was arrested on a murder charge. She was given Miranda warnings and refused to talk further with the police. At trial, she testified in her own defense. She recounted in some detail her whereabouts on the day of the crime and explained why she could not have committed the crime. On cross-examination and over de...	148
0	[ "admissible as establishing an identifying circumstance.", "admissible as showing that Dennis was willing to commit robbery.", "inadmissible, because it is improper character evidence. ", "inadmissible, because its probative value is substantially outweighed by the danger of unfair prejudic" ]	Alice was held up at the point of a gun, an unusual revolver with a red-painted barrel, while she was clerking in a neighborhood grocery store. Dennis is charged with armed robbery of Alice. The prosecutor calls Winthrop to testify that, a week after the robbery of Alice, he was robbed by Dennis with a pistol that had ...	149
0	[ "Maria, because the owner of an easement has a duty to so maintain the easement as to avoid unreasonable interference with the use of the servient tenement by its lawful possessor. ", "Maria, because the owner of an easement is absolutely liable for any damage caused to the servient tenement by the exercise of th...	Maria is the owner and possessor of Goodacre, on which there is a lumberyard. Maria conveyed to Reliable Electric Company the right to construct and use an overhead electric line across Goodacre to serve other properties. The conveyance was in writing, but the writing made no provision concerning the responsibility for...	150
2	[ "The covenant made the assignment to Finance Company ineffective.", "The covenant had no legal effect.", "Stretch's assignment was a breach of its contract with Sartorial but was 38 nevertheless effective to transfer to Finance Company Stretch's rights against Sartorial.", "By normal interpretation, a covenan...	Sartorial, Inc., a new business enterprise about to commence the manufacture of clothing, entered into a written agreement to purchase all of its monthly requirements of a certain elasticized fabric for a period of three years from the Stretch Company at a specified unit price and agreed delivery and payment terms. The...	151
1	[ "Sartorial is liable to Finance Company for $5,000. ", "Stretch is liable to Finance Company for $5,000. ", "Sartorial and Stretch are each liable to Finance Company for $2,500. ", "Neither Sartorial nor Stretch is liable to Finance Company for any amount" ]	Sartorial, Inc., a new business enterprise about to commence the manufacture of clothing, entered into a written agreement to purchase all of its monthly requirements of a certain elasticized fabric for a period of three years from the Stretch Company at a specified unit price and agreed delivery and payment terms. The...	152
3	[ "I only", "II only", "Both I and II", "Neither I nor I" ]	Sartorial, Inc., a new business enterprise about to commence the manufacture of clothing, entered into a written agreement to purchase all of its monthly requirements of a certain elasticized fabric for a period of three years from the Stretch Company at a specified unit price and agreed delivery and payment terms. The...	153
3	[ "Stretch's rights under its agreement with Sartorial were personal and therefore nonassignable.", "Stretch's \"assignment of the contract\" to Finance Company to secure a loan would normally be interpreted as a delegation of Stretch's duties under the contract as well as an assignment of its rights; and its dutie...	Sartorial, Inc., a new business enterprise about to commence the manufacture of clothing, entered into a written agreement to purchase all of its monthly requirements of a certain elasticized fabric for a period of three years from the Stretch Company at a specified unit price and agreed delivery and payment terms. The...	154
2	[ "Seth acted with due diligence in completing the house.", "Bob can prove actual \"undue hardship\" caused by the delay. ", "the expressions \"inside date\" and \"outside date\" are construed to make time of the essence. ", "there is a showing of good faith in Bob's efforts to terminate the contract." ]	Seth owned a vacant lot known as Richacre. Seth entered into a written contract with Bobto build a house of stated specifications on Richacre and to sell the house and lot to Bob. The contract provided for an "inside date" of April 1, 1977, and an "outside date" of May 1, 1977, for completion of the house and delivery ...	155
3	[ "Metterly was the owner of Brownacre, because Doris was a donee and therefore could not acquire title by quitclaim deed. ", "Metterly was the owner of Brownacre, because title to Brownacre reverted to her upon the voluntary destruction of the deed by Doris. ", "Doris was the owner of Brownacre, because her dest...	Metterly, the owner in fee simple of Brownacre, by quitclaim deed conveyed Brownacre to her daughter, Doris, who paid no consideration for the conveyance. The deed was never recorded. About a year after the delivery of the deed, Metterly decided that this gift had been illadvised. She asked Doris to destroy the deed, w...	156
0	[ "recover the full amount of his damages, because Motorist himself was not at fault. ", "recover only a proportion of his damages, because Spouse was also at fault. ", "not recover, because Spouse was negligent and a wife's negligence is imputed to her husband. ", "not recover, because the failure of the brake...	Motorist arranged to borrow his friend Owner's car to drive for one day while Motorist's car was being repaired. Owner knew that the brakes on his car were faulty and might fail in an emergency. Owner forgot to tell Motorist about the brakes when Motorist picked up the car, but Owner did telephone Spouse, Motorist's wi...	157
1	[ "recover in full for her injuries, because Motorist, who was driving the car in which she was riding, was not himself at fault. ", "recover a proportion of her damages based on the respective degrees of her negligence and that of Cross.", "not recover, because but for the failure of the brakes the collision wou...	Motorist arranged to borrow his friend Owner's car to drive for one day while Motorist's car was being repaired. Owner knew that the brakes on his car were faulty and might fail in an emergency. Owner forgot to tell Motorist about the brakes when Motorist picked up the car, but Owner did telephone Spouse, Motorist's wi...	158
0	[ "Yes, in negligence, because Owner knew the brakes were faulty and failed to tell Motorist. ", "Yes, in strict liability in tort, because the car was defective and Owner lent it to Motorist. ", "No, because Owner was a gratuitous lender, and thus his duty of care was slight. ", "No, because the failure of Spo...	Motorist arranged to borrow his friend Owner's car to drive for one day while Motorist's car was being repaired. Owner knew that the brakes on his car were faulty and might fail in an emergency. Owner forgot to tell Motorist about the brakes when Motorist picked up the car, but Owner did telephone Spouse, Motorist's wi...	159
2	[ "Defendant took Sue's television set, with the intention of returning it the next day. However, he dropped it and damaged it beyond repair. ", "Defendant went into Tom's house and took $100 in the belief that Tom had damaged Defendant's car to that amount. 40", "Mistakenly believing that larceny does not includ...	In which of the following situations is Defendant most likely to be guilty of larceny?	160
3	[ "Desmond is entitled to know the identity of his accuser, and the state cannot supply this information. ", "The police should have given Desmond Miranda warnings prior to entry into the apartment, and the warnings were ineffectual once Desmond offered to give the police information. ", "Desmond was intimidated ...	Acting on an anonymous telephone call, police went to Desmond's apartment, knocked on the door, and demanded to search the apartment for narcotics. When Desmond refused, the police forced the door open and placed him under arrest. As they were removing him from the apartment, Desmond offered to give the officers "valua...	161
0	[ "Because of doctrines of federalism, federal law generally cannot be applied to state legislators acting in the course of their official duties. ", "State legislators enjoy the protection of the speech and debate clause of the United States Constitution.", "A federal court must follow state law respecting the s...	Kane, a member of the legislature of State, is prosecuted in federal court for a violation of the Federal Securities Act arising out of the activities of a state-owned corporation. Kane's defense includes a claim that the alleged wrongful acts were committed in the course of legislative business and are immune from scr...	162
2	[ "Congress has plenary power under the commerce clause", "Congress may impose liability on state legislators as a means of guaranteeing a republican form of government.", "Congress does not significantly interfere with state government by applying this law to state legislators.", "Congress may impose liability...	Kane, a member of the legislature of State, is prosecuted in federal court for a violation of the Federal Securities Act arising out of the activities of a state-owned corporation. Kane's defense includes a claim that the alleged wrongful acts were committed in the course of legislative business and are immune from scr...	163
2	[ "applicable, because the tuna was packed in a sealed can. ", "applicable, because Canco as the packer is strictly liable. ", "not applicable, because the case of tuna had been knocked over by the workmen. ", "not applicable, because of the sign on the table from which Dotty purchased the tuna" ]	A water pipe burst in the basement of Supermart, a grocery store, flooding the basement and damaging cases of canned goods on the floor. The plumbing contractor's workmen, in repairing the leak, knocked over several stacks of canned goods in cases, denting the cans. After settling its claims against the landlord for th...	165
1	[ "be held strictly liable in tort for serving spoiled tuna.", "be held liable only if she was negligent.", "not be held liable unless her conduct was in reckless disregard of the safety of Guest.", "not be held liable, because Guest was a social visito" ]	A water pipe burst in the basement of Supermart, a grocery store, flooding the basement and damaging cases of canned goods on the floor. The plumbing contractor's workmen, in repairing the leak, knocked over several stacks of canned goods in cases, denting the cans. After settling its claims against the landlord for th...	166
2	[ "Addle is in breach of contract.", "Boone may refuse to accept performance by Coot.", "Boone is required to accept performance by Coot.", "There is a novation" ]	Addle, who has been in the painting and contracting business for 10 years and has a fine reputation, contracts to paint Boone's barn. Boone's barn is a standard red barn with a loft. The contract has no provision regarding assignment."If Addle assigns the contract to Coot, who has comparable experience and reputation, ...	168
0	[ "has a cause of action against Addle for damages.", "has a cause of action only against Coot for damages.", "has a cause of action against Addle for damages only after he has first exhausted his remedies against Coot.", "does not have a cause of action against Addle for damages, because he waived his rights a...	Addle, who has been in the painting and contracting business for 10 years and has a fine reputation, contracts to paint Boone's barn. Boone's barn is a standard red barn with a loft. The contract has no provision regarding assignment."If Addle assigns the contract to Coot and thereafter Coot does not meet the contract ...	169
2	[ "guilty, because, when a new confederate enters a conspiracy already in progress, he becomes a party to it. ", "guilty, because he knowingly and willingly aided and abetted the conspiracy and is chargeable as a principal. ", "not guilty, because, although Crowley knew the stamps were stolen, he neither helped t...	Jackson and Brannick planned to break into a federal government office to steal food stamps. Jackson telephoned Crowley one night and asked whether Crowley wanted to buy some "hot" food stamps. Crowley, who understood that "hot" meant stolen, said, "Sure, bring them right over." Jackson and Brannick then successfully e...	170
2	[ "The existence of the easement does not violate the contract.", "The mere existence of an easement which is not being used does not give rise to a cause of action.", "Painter's cause of action must be based on the deed and not on the contract.", "The proper remedy is rescission of the deed" ]	Owens contracted to sell a tract of land, Overlea, to Painter by general warranty deed. However, at the closing Painter did not carefully examine the deed and accepted a quitclaim deed without covenants of title. Painter later attempted to sell Overlea to Thompson, who refused to perform because Owens had conveyed an e...	171
3	[ "admissible, as a statement of present bodily condition made to a physician. ", "admissible, as prior recorded testimony. ", "inadmissible, because it is irrelevant. ", "inadmissible, because it is hearsay, not within any exception" ]	Rider, a bus passenger, sued Transit Company for injuries to his back from an accident caused by Transit's negligence. Transit denies that Rider received any injury in the accident.Rider's counsel seeks to introduce an affidavit he obtained in preparation for trial from Dr. Bond, who has since died. The affidavit avers...	172
0	[ "admissible, as an admission of a party opponent. ", "admissible, as a spontaneous declaration. ", "inadmissible, because it is irrelevant. ", "inadmissible, because it is hearsay, not within any exception" ]	Rider, a bus passenger, sued Transit Company for injuries to his back from an accident caused by Transit's negligence. Transit denies that Rider received any injury in the accident."Transit Company calls Observer to testify that right after the accident, Rider told him that he had recently suffered a recurrence of an o...	173
2	[ "It constitutes an acceptance of the goods. 43", "It constitutes a waiver of the buyer's remedy of private sale in the case of nonconforming goods.", "It does not impair a buyer's right of inspection or his remedies.", "It is invalid" ]	Johnston bought 100 bolts of standard blue wool, No. 1 quality, from McHugh. The sales contract provided that Johnston would make payment prior to inspection. The 100 bolts were shipped, and Johnston paid McHugh. Upon inspection, however, Johnston discovered that the wool was No. 2 quality. Johnston thereupon tendered ...	174
1	[ "Yes, in a private sale. ", "Yes, in a private sale but only after giving McHugh reasonable notice of his intention to resell. ", "Yes, but only at a public sale. ", "No" ]	Johnston bought 100 bolts of standard blue wool, No. 1 quality, from McHugh. The sales contract provided that Johnston would make payment prior to inspection. The 100 bolts were shipped, and Johnston paid McHugh. Upon inspection, however, Johnston discovered that the wool was No. 2 quality. Johnston thereupon tendered ...	176
0	[ "Yes, because restraints on alienation of land are strictly construed. ", "Yes, because disabling restraints on alienation of land are invalid. ", "No, because the term \"subletting\" includes \"assignment\" when the term is employed in a lease. ", "No, because, even in the absence of an express prohibition o...	Lord leased a warehouse building and the lot on which it stood to Taylor for a term of 10 years. The lease contained a clause prohibiting Taylor from subletting his interest. Can Taylor assign his interest under the lease?	177
3	[ "requires that the Householders' interest be given priority.", "is irrelevant because of the zoning ordinance.", "is irrelevant because conforming economic uses are given priority.", "is some, but not controlling, evidence" ]	Diner, a drive-in hamburger and ice cream stand, recently opened for business in the suburban town of Little City. Diner's business hours are from 9:00 a.m. to midnight. It is in an area that for 15 years has been zoned for small retail businesses, apartment buildings, and one- and two-family residences. The zoning cod...	178
3	[ "Jack alone entered the bank.", "Paul withdrew before commission of the crime when he fled the scene.", "Paul had no knowledge of what Jack whispered to the teller.", "the teller was not placed in fear by Jack" ]	Jack and Paul planned to hold up a bank. They drove to the bank in Jack's car. Jack entered while Paul remained as lookout in the car. After a few moments, Paul panicked and drove off. Jack looked over the various tellers, approached one, and whispered nervously, "Just hand over the cash. Don't look around, don't make ...	179
2	[ "the search was reasonable under the circumstances, including Paul's nervous condition. ", "the search was incident to a valid arrest.", "Paul had, under the circumstances, sufficient standing and authority to consent to the search. ", "exigent circumstances, including the inherent mobility of a car, justifie...	Jack and Paul planned to hold up a bank. They drove to the bank in Jack's car. Jack entered while Paul remained as lookout in the car. After a few moments, Paul panicked and drove off. Jack looked over the various tellers, approached one, and whispered nervously, "Just hand over the cash. Don't look around, don't make ...	180
1	[ "Yes, because business reports are not generally privileged. ", "No, because it is a privileged communication from the client to the attorney. ", "No, because such reports contain hearsay. ", "No, because such reports are self-servin" ]	Pace sued Def Company for injuries suffered when Pace's car collided with Def Company's truck. Def's general manager prepared a report of the accident at the request of the company's attorney in preparation for the trial and delivered the report to the attorney. Pace now demands that the report be produced. Will produc...	181
0	[ "Yes, without joinder of any other person in the conveyance. ", "Yes, if Charles, Sam, and Sam's only child (Gene, aged 25) will join in the conveyance. ", "No, regardless of who joins in the conveyance, because Sam may have additional children whose interests cannot be defeated. ", "No, regardless of who joi...	The following facts concern a tract of land in a state which follows general United States law. Each instrument is in proper form and recorded, marital property rights were waived when necessary, and each person named was adult and competent at the time of the named transaction. 1. In 1940 Oleg, the owner, conveyed his...	182
3	[ "admissible as habit evidence.", "admissible, because it tends to prove that Dan was negligent at the time of this collision. ", "inadmissible, because Dan has not offered testimony of his own good character. ", "inadmissible to show negligence" ]	Park brought an action against Dan for injuries received in an automobile accident, alleging negligence in that Dan was speeding and inattentive. Park calls White to testify that Dan had a reputation in the community of being a reckless driver and was known as "daredevil Dan." White's testimony is	185
2	[ "admissible, because his silence was an implied admission by Sam that he had participated in the crime. ", "admissible, because a statement of a participant in a crime is admissible against another participant. ", "inadmissible, because, under the circumstances, there was no duty or responsibility on Sam's part...	Alex and Sam were arrested for holding up a gas station. They were taken to police headquarters and placed in a room for interrogation. As a police officer addressing both started to give them the Miranda warnings prior to the questioning, Alex said, "Look, Sam planned the damned thing and I was dumb enough to go along...	186
3	[ "Under the Uniform Commercial Code the offer was irrevocable until noon, November 12. ", "Such language prevented an effective acceptance by Slicker prior to noon, November 12. ", "At common law, such language created a binding option in Slicker's favor. ", "Such language did not affect the offerer's power of...	Duffer and Slicker, who lived in different suburbs 20 miles apart, were golfing acquaintances at the Interurban Country Club. Both were traveling salesmen Duffer for a pharmaceutical house and Slicker for a widget manufacturer. Duffer wrote Slicker by United States mail on Friday, October 8: I need a motorcycle for t...	187
1	[ "The letter bound both parties to a unilateral contract as soon as Slicker mailed it.", "Mailing of the letter by Slicker did not, of itself, prevent a subsequent, effective revocation by Duffer of his offer. ", "The letter bound both parties to a bilateral contract, but only when received by Duffer on November...	Duffer and Slicker, who lived in different suburbs 20 miles apart, were golfing acquaintances at the Interurban Country Club. Both were traveling salesmen Duffer for a pharmaceutical house and Slicker for a widget manufacturer. Duffer wrote Slicker by United States mail on Friday, October 8: I need a motorcycle for t...	188
1	[ "This report had no legal effect because Duffer's offer was irrevocable until November 12.", "Unless a contract had already been formed between Slicker and Duffer, Koolcat's report to Slicker operated to terminate Slicker's power of accepting Duffer's offer. ", "This report has no legal effect because the offer...	Duffer and Slicker, who lived in different suburbs 20 miles apart, were golfing acquaintances at the Interurban Country Club. Both were traveling salesmen Duffer for a pharmaceutical house and Slicker for a widget manufacturer. Duffer wrote Slicker by United States mail on Friday, October 8: I need a motorcycle for t...	189
1	[ "inadmissible as opinion.", "inadmissible as hearsay, not within any exception. ", "admissible as an official document.", "admissible as an ancient document" ]	In a suit attacking the validity of a deed executed 15 years ago, Plaintiff alleges mental incompetency of Joe, the grantor, and offers in evidence a properly authenticated affidavit of Harry, Joe's brother. The affidavit, which was executed shortly after the deed, stated that Harry had observed Joe closely over a peri...	190
1	[ "Oscar should win because the provision binds only the grantee.", "The outcome turns on whether a common development scheme had been established for the entire subdivision.", "The outcome turns on whether there are sufficient land areas devoted to multiplefamily uses within the municipality to afford reasonable...	Oscar, the owner in fee simple, laid out a subdivision of 325 lots on 150 acres of land. He obtained governmental approval (as required by applicable ordinances) and, between 1968 and 1970, he sold 140 of the lots, inserting in each of the 140 deeds the following provision: "The Grantee, for himself and his heirs, assi...	191
3	[ "Oscar's difficulty in selling with provisions relating to use establishes a change in circumstances which renders any restrictions which may once have existed unenforceable.", "Enforcement of the restriction, in view of the change of circumstances, would be an unreasonable restraint on alienation. ", "Since th...	Oscar, the owner in fee simple, laid out a subdivision of 325 lots on 150 acres of land. He obtained governmental approval (as required by applicable ordinances) and, between 1968 and 1970, he sold 140 of the lots, inserting in each of the 140 deeds the following provision: "The Grantee, for himself and his heirs, assi...	192
1	[ "valid, because Farley's interest is a reversion ", "valid, because the interest will vest, if at all, within a life in being. ", "valid, because Farley's interest is vested subject to divestment. ", "invalid." ]	Odum owned Brightacre (a tract of land) in fee simple. He conveyed it "to Pike, his heirs and assigns; but if Farley shall be living 30 years from the date of this deed, then to Farley, his heirs and assigns." The limitation "to Farley, his heirs and assigns" is	194
2	[ "guilty under the misdemeanor-manslaughter rule.", "guilty, because the licensing requirements are to protect life, and failure to obey is negligence. ", "not guilty, because the offense was not the proximate cause of the death. ", "not guilty, because there was no criminal intent" ]	Defendant was driving his automobile at a legal speed in a residential zone. A child darted out in front of him and was run over and killed before Defendant could prevent it. Defendant's driver's license had expired three months previously; Defendant had neglected to check when it was due to expire. Driving without a v...	195
1	[ "not prevail, because truth is a complete defense. ", "not prevail, because of her announcement concerning the birth of her own child. ", "prevail, because the statements hold her up to ridicule and contempt. ", "prevail, because the statements are embarrassing to her" ]	Pauline, an unmarried female, was prominent in the women's liberation movement. She recently gave birth to a baby and publicly announced that she had no intention of marrying the father or disclosing his identity. The local newspaper, Journal, decided to do a series of articles on Pauline entitled "The Perils of Paulin...	196
2	[ "Wanda must pay the full monthly payment.", "Wanda must pay a portion of the monthly payment based on an apportionment of the value between Wanda's life estate and Dixie's remainder.", "Wanda must pay the portion of the monthly payment which represents interest.", "Dixie must pay the full monthly payment" ]	Homer conveyed his home to his wife, Wanda, for life, remainder to his daughter, Dixie. There was a $20,000 mortgage on the home requiring monthly payments, each covering interest to date plus a portion of the principal. Which of the following statements about the monthly payment is correct?	197
1	[ "admissible, because the statement was part of the res gestae. ", "admissible, because the statement was made at the scene, was essentially volunteered, and was not a product of a custodial interrogation. ", "inadmissible, because the statement is ambiguous and not necessarily incriminatory. ", "inadmissible,...	The police, answering a complaint about noise, arrived at Sam's apartment and found Sam's wife dead on the living room floor. One of the officers turned to Sam and asked, "What happened?" Sam replied, "She was a bitch and I took care of her." At Sam's trial, his statement should be ruled	198
2	[ "recover, because Parker's action was negligence per se. ", "recover, because Parker's action was a continuing wrong which contributed to Ned's injuries. ", "not recover, because a reasonably prudent person could not foresee injury to Ned as a result of Parker's action. ", "not recover, because a violation of...	An ordinance of City makes it unlawful to park a motor vehicle on a City street within 10 feet of a fire hydrant. At 1:55 p.m., Parker, realizing that he must be in Bank before it closed at 2:00 p.m., and finding no other space available, parked his automobile in front of a fire hydrant on a City street. Parker then hu...	199
3	[ "sustain the objection on the ground that identification of handwriting requires expert testimony and the teacher does not, per se, qualify as an expert. ", "sustain the objection on the ground that the best evidence of Smith's handwriting would be testimony by a person who had examined his writing more recently ...	John Smith has denied his purported signature on a letter which has become critical in a breach of contract suit between Smith and Miller. At trial, Miller's counsel calls Alice, a teacher, who testifies that she taught John Smith mathematics in school 10 years earlier, knows his signature, and proposes to testify that...	202
3	[ "admissible, because it tends to prove that Paula did not use the care exercised by reasonably prudent people. ", "admissible, because it tends to prove that Lee was generally careful in maintaining the floor. ", "inadmissible, because Marks' testimony is self-serving. ", "inadmissible, because it does not be...	Paula sued for injuries she sustained in a fall in a hotel hallway connecting the lobby of the hotel with a restaurant located in the hotel building. The hallway floor was covered with vinyl tile. The defendants were Horne, owner of the hotel building, and Lee, lessee of the restaurant. The evidence was that the hallwa...	203
0	[ "admissible, because it is relevant to the issue of whether Horne retained control of the hallway. ", "admissible, because it is relevant to the issue of awareness of the unsafe condition of the hallway at the time of Paula's fall. ", "inadmissible, because there was no showing that the new floor covering would...	Paula sued for injuries she sustained in a fall in a hotel hallway connecting the lobby of the hotel with a restaurant located in the hotel building. The hallway floor was covered with vinyl tile. The defendants were Horne, owner of the hotel building, and Lee, lessee of the restaurant. The evidence was that the hallwa...	204
2	[ "can be convicted.", "cannot be convicted, because speech of the sort described here may not be punished by the state because of the First and Fourteenth Amendments. ", "cannot be convicted, because, though his speech here may be punished by the state, the state may not do so under this statute. ", "cannot be...	A newly enacted state criminal statute provides, in its entirety, "No person shall utter to another person in a public place any annoying, disturbing, or unwelcome language." Smith followed an elderly woman for three blocks down a public street, yelling in her ear offensive four-letter words. The woman repeatedly asked...	205
1	[ "Defendant is charged with manslaughter for a death resulting from an automobile accident. Defendant, the driver, claims he was so drunk he was unable to see the other car involved in the accident. ", "Defendant is charged with assault with intent to kill Watts as a result of his wounding Watts by shooting him. D...	In which of the following situations is Defendant's claim of intoxication most likely to result in his being found not guilty?	206
3	[ "succeed, because Ohner had promised him that the offer would remain open until June 1. ", "succeed, because Ohner's attempted revocation was by telephone. ", "not succeed, because Byer's power of acceptance was terminated by Ohner's sale of the lots to another party. ", "not succeed, because Byer's power of ...	On May 1, Ohner telegraphed Byer, "Will sell you any or all of the lots in Grover subdivision at $5,000 each. Details will follow in letter." The letter contained all the necessary details concerning terms of payment, insurance, mortgages, etc., and provided, "This offer remains open until June 1." On May 2, after he h...	208
2	[ "Impossibility of performance.", "Unilateral mistake as to basic assumption.", "Termination of the offer by Byer's having first contracted to buy lot 101.", "Excuse by failure of an implied condition precedent." ]	On May 1, Ohner telegraphed Byer, "Will sell you any or all of the lots in Grover subdivision at $5,000 each. Details will follow in letter." The letter contained all the necessary details concerning terms of payment, insurance, mortgages, etc., and provided, "This offer remains open until June 1." On May 2, after he h...	209
3	[ "Whether the press on which Philip was injured was visible from a public way.", "Whether the maintenance of the area for the storage of discarded machinery was a private nuisance.", "Whether the maintenance of the area for the storage of discarded machinery was a public nuisance.", "Whether Macco could have e...	Philip was a 10-year-old boy. Macco was a company that sold new and used machinery. Macco stored discarded machinery, pending sale for scrap, on a large vacant area it owned. This area was unfenced and was one-quarter mile from the housing development where Philip lived. Macco knew that children frequently played in th...	210
1	[ "prevail, because he saved Si's life. ", "prevail, because Si was at fault in causing the fire. ", "not prevail, because Rescuer knowingly assumed the risk. ", "not prevail, because Rescuer's action was not a foreseeable consequence of Si's conduct" ]	Si was in the act of siphoning gasoline from Neighbor's car in Neighbor's garage and without his consent when the gasoline exploded and a fire followed. Rescuer, seeing the fire, grabbed a fire extinguisher from his car and put out the fire, saving Si's life and Neighbor's car and garage. In doing so, Rescuer was badly...	211
2	[ "robbery only.", "larceny only.", "either robbery or larceny.", "both robbery and larcen" ]	Defendant was tried for robbery. Victim and Worth were the only witnesses called to testify. Victim testified that Defendant threatened her with a knife, grabbed her purse, and ran off with it. Worth testified that he saw Defendant grab Victim's purse and run away with it but that he neither saw a knife nor heard any t...	213
3	[ "applied only to marriages and divorces in which at least one of the parties was a member of the armed forces.", "applied only to marriages performed by federal judges and to divorces granted by federal courts.", "implemented an executive agreement seeking to define basic human rights.", "applied only to marr...	Congressional legislation authorizing marriages and divorces as a matter of federal law on prescribed terms and conditions could most easily be upheld if it	214
1	[ "Eliminate the requirement of witnesses to deeds.", "Make time of recording the controlling factor.", "Make irrebuttable the declarations in the deeds that valuable consideration was paid.", "Make the protection of bona fide purchasers the controlling factor" ]	Assume for the purposes of these questions that you are counsel to the state legislative committee that is responsible for real estate laws in your state.. The committee wants you to draft a statute governing the recording of deeds that fixes priorities of title, as reflected on the public record, as definitely as poss...	215
2	[ "Compensation for property rights taken by public authority.", "Impairment of contract.", "Sovereign immunity.", "Police power." ]	Assume for the purposes of these questions that you are counsel to the state legislative committee that is responsible for real estate laws in your state.The committee wants you to draft legislation to make all restrictions on land use imposed by deeds (now or hereafter recorded) unenforceable in the future so that pub...	216
3	[ "admissible as substantive evidence of a material fact.", "admissible as bearing on Bystander's truthfulness and veracity.", "inadmissible, because it has no bearing on the capacity of Bystander to observe. ", "inadmissible, because it is extrinsic evidence of a collateral matte" ]	Price sued Derrick for injuries Price received in an automobile accident. Price claims that Derrick was negligent in (a) exceeding the posted speed limit of 35 m.p.h., (b) failing to keep a lookout, and (c) crossing the center lineBystander, Price's eyewitness, testified on crossexamination that Derrick was wearing a g...	217
1	[ "admissible as a prior inconsistent statement.", "admissible as an admission.", "inadmissible, because it lacks a foundation. ", "inadmissible, because it is hearsay, not within any exception" ]	Price sued Derrick for injuries Price received in an automobile accident. Price claims that Derrick was negligent in (a) exceeding the posted speed limit of 35 m.p.h., (b) failing to keep a lookout, and (c) crossing the center lineDerrick testified on his own behalf that he was going 30 m.p.h. On cross-examination, Pri...	218
1	[ "A taxpayer of the United States and the state of Atlantic who wants his state to get its fair share of federal tax monies for highways, and who fears that, if it does not, his state taxes will be increased to pay for the highway construction in the state of Atlantic that federal funds would have financed. ", "Co...	Congress provides by statute that any state that fails to prohibit automobile speeds of over 55 miles per hour on highways within the state shall be denied all federal highway construction funding. The state of Atlantic, one of the richest and most highway-oriented states in the country, refuses to enact such a statute...	219
2	[ "the states ceded their authority over highways to the national government when the states accepted federal grants to help finance their highways.", "the federal government can regulate the use of state highways without limitation because the federal government paid for some of their construction costs.", "Cong...	Congress provides by statute that any state that fails to prohibit automobile speeds of over 55 miles per hour on highways within the state shall be denied all federal highway construction funding. The state of Atlantic, one of the richest and most highway-oriented states in the country, refuses to enact such a statute...	220
3	[ "unconstitutional.", "constitutional only on the basis of the spending power.", "constitutional only on the basis of the commerce power.", "constitutional on the basis of both the spending power and the commerce power" ]	Congress provides by statute that any state that fails to prohibit automobile speeds of over 55 miles per hour on highways within the state shall be denied all federal highway construction funding. The state of Atlantic, one of the richest and most highway-oriented states in the country, refuses to enact such a statute...	221
1	[ "burglary only.", "larceny only.", "both burglary and larceny.", "neither burglary nor larceny." ]	Defendant visited a fellow college student, James, in James's dormitory room. They drank some beer. James produced a box containing marijuana cigarettes and asked if Defendant wanted one. Defendant, afraid of being caught, declined and urged James to get rid of the marijuana. James refused. Shortly thereafter, both wen...	222
2	[ "relieve Henry of liability, because John was careless in so doing. ", "relieve Henry of liability, because John's conduct was the immediate cause of Wanda's harm. ", "not relieve Henry of liability, because Henry's goal was achieved. ", "not relieve Henry of liability, because the conduct of a third person i...	Henry hated Wanda, his former wife, for divorcing him and marrying John a short time thereafter. About a month after Wanda married John, Henry secretly entered Wanda and John's rented apartment during their absence by using a master key. Henry placed a microphone behind the nightstand in the bedroom of the apartment, d...	223
0	[ "All of Trease's children would be measuring lives.", "The rule of convenience closes the class of beneficiaries when any grandchild reaches the age of 21.", "There is a presumption that Trease intended to include only those grandchildren born prior to his death.", "There is a subsidiary rule of construction ...	Trease owned Hilltop in fee simple. By his will, he devised as follows: "Hilltop to such of my grandchildren who shall reach the age of 21; and by 55 this provision I intend to include all grandchildren whenever born." At the time of his death, Trease had three children and two grandchildren. Courts hold such a devise ...	224
3	[ "the anti-assignment clause in First's contract with Victim is void as against public policy.", "First has relied to his detriment on Victim's letter of release.", "third parties cannot acquire valid claims under an attorney-client contract.", "Doctor has not materially changed his position in reliance upon F...	Victim, injured by Driver in an auto accident, employed attorney First to represent him in the matter. Victim was chronically insolvent and expressed doubt whether he could promptly get necessary medical treatment. Accordingly, First wrote into their contract his promise to Victim "to pay from any settlement with Drive...	227
0	[ "the release was ineffective, because Doctor had impliedly assented to the Victim-First contract. ", "the release was ineffective, because Victim would thereby be unjustly enriched. 56 ", "there was no consideration for Victim's release of First.", "First's contract duties were too personal to be effectively ...	Victim, injured by Driver in an auto accident, employed attorney First to represent him in the matter. Victim was chronically insolvent and expressed doubt whether he could promptly get necessary medical treatment. Accordingly, First wrote into their contract his promise to Victim "to pay from any settlement with Drive...	228
2	[ "Second made only a gratuitous promise to First.", "at the time Second promised to represent Victim, Doctor was only a member of an unidentified class of beneficiaries. ", "there is insufficient evidence to support a finding that Doctor was either a creditor or donee beneficiary of Second's promise to First.", ...	Victim, injured by Driver in an auto accident, employed attorney First to represent him in the matter. Victim was chronically insolvent and expressed doubt whether he could promptly get necessary medical treatment. Accordingly, First wrote into their contract his promise to Victim "to pay from any settlement with Drive...	229
2	[ "admissible as an admission of a party opponent.", "admissible as a declaration against interest.", "inadmissible, because it is hearsay not within any exception. ", "inadmissible, because it is opinion" ]	Peters sued Davis for $100,000 for injuries received in a traffic accident. Davis charged Peters with contributory negligence and alleged that Peters failed to have his lights on at a time when it was dark enough to require them.Davis calls Bystander to testify that Passenger, who was riding in Peters's automobile and ...	230
2	[ "admissible, because of the presence of persons in the conference other than Attorney and Owner. ", "admissible, because Driver is an adverse party in the lawsuit. ", "inadmissible, because of the attorney-client privilege. ", "inadmissible, because the best evidence is Irving's notes of the conference" ]	Owner and his employee, Driver, consult Attorney about a motor vehicle collision resulting in a suit by Litigant against Owner and Driver as joint defendants. Attorney calls Irving, his investigator, into the conference to make notes of what is said, and those present discuss the facts of the collision and Owner's insu...	232
0	[ "admissible, because the attorney-client privilege does not apply, in suits between those conferring with him, to joint consultations with an attorney. ", "admissible, because the attorney-client privilege does not apply to testimony by one who does not stand in a confidential relationship with the person against...	Owner and his employee, Driver, consult Attorney about a motor vehicle collision resulting in a suit by Litigant against Owner and Driver as joint defendants. Attorney calls Irving, his investigator, into the conference to make notes of what is said, and those present discuss the facts of the collision and Owner's insu...	233
1	[ "liable, because parents are strictly liable for the torts of their children. ", "liable, because Dave's parents encouraged him to be aggressive and tough. ", "not liable, because a six-year-old cannot commit a tort. ", "not liable, because parents cannot be held liable for the tort of a child" ]	Dave is a six-year-old boy who has a well-deserved reputation for bullying younger and smaller children. His parents have encouraged him to be aggressive and tough. Dave, for no reason, knocked down, kicked, and severely injured Pete, a four-year-old boy. A claim for relief has been asserted by Pete's parents for their...	234
0	[ "liable, because he intentionally harmed Pete. ", "liable, because, as a six-year-old, he should have known that his conduct was wrongful. ", "not liable, because a child under seven is not liable in tort. ", "not liable, because he is presumed to be under his parents' control and they have the sole responsib...	Dave is a six-year-old boy who has a well-deserved reputation for bullying younger and smaller children. His parents have encouraged him to be aggressive and tough. Dave, for no reason, knocked down, kicked, and severely injured Pete, a four-year-old boy. A claim for relief has been asserted by Pete's parents for their...	235

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