Datasets:

Stevross

/

mmlu

like 6

Gyro, an expert in lifting and emplacing equipment atop tall buildings, contracted in a signed writing to lift and emplace certain air-conditioning equipment atop Tower's building. An exculpatory clause in the contract provided that Gyro would not be liable for any physical damage to Tower's building occurring during installation of the air-conditioning equipment. There was also a clause providing for per diem damages if Gyro did not complete performance by a specified date and a clause providing that "time is of the essence." Another clause provided that any subsequent agreement for extra work under the contract must be in writing and signed by both parties. With ample time remaining under the contract for commencement and completion of his performance, Gyro notified Tower that he was selling his business to Copter, who was equally expert in lifting and emplacing equipment atop tall buildings, and that Copter had agreed to "take over the Gyro-Tower contract." If Tower refuses to accept Copter's services, which of the following clauses in the GyroTower contract will best support Tower's contention that Gyro's duties under the contract were not delegable without Tower's consent?

0A

Gyro, an expert in lifting and emplacing equipment atop tall buildings, contracted in a signed writing to lift and emplace certain air-conditioning equipment atop Tower's building. An exculpatory clause in the contract provided that Gyro would not be liable for any physical damage to Tower's building occurring during installation of the air-conditioning equipment. There was also a clause providing for per diem damages if Gyro did not complete performance by a specified date and a clause providing that "time is of the essence." Another clause provided that any subsequent agreement for extra work under the contract must be in writing and signed by both parties. With ample time remaining under the contract for commencement and completion of his performance, Gyro notified Tower that he was selling his business to Copter, who was equally expert in lifting and emplacing equipment atop tall buildings, and that Copter had agreed to "take over the Gyro-Tower contract." For this question only, assume that Tower orally agreed with Gyro to accept Copter's services and that Copter performed on time but negligently installed the wrong airconditioning equipment. Will Tower succeed in an action against Gyro for damages for breach of contract?

0A

Allen owned Greenacre in fee simple of record on January 10. On that day, Maria loaned Allen $50,000 and Allen mortgaged Greenacre to Maria as security for the loan. The mortgage was recorded on January 18. Allen conveyed Greenacre to Barnes for a valuable consideration on January 11. Maria did not know of this, nor did Barnes know of the mortgage to Maria, until both discovered the facts on January 23, the day on which Barnes recorded Allen's deed. The recording act of the jurisdiction provides: "No unrecorded conveyance or mortgage of real property shall be good against subsequent purchasers for value without notice, who shall first record." There is no provision for a period of grace and there is no other relevant statutory provision. Maria sued Barnes to establish that her mortgage was good against Greenacre. The court should decide for

2C

Park sued Dunlevy for copyright infringement for using in Dunlevy's book some slightly disguised house plans on which Park held the copyright. Park is prepared to testify that he heard Dunlevy's executive assistant for copyright matters say that Dunlevy had obtained an advance copy of the plans from Park's office manager. Park's testimony is

0A

Congress enacted a statute providing grants of federal funds for the restoration and preservation of courthouses that were built before 1900 and are still in use. The statute contains an inseverable condition requiring that any courthouse restored with the aid of such a grant must be equipped with ramps and other facilities necessary to accommodate physically handicapped people. A law of the state of Blue requires public buildings in Blue to have ramps and other facilities for handicapped people. It exempts from those requirements any building that is more than 70 years old if the State Board of Architects finds that the installation of such facilities would destroy the architectural integrity of the building. The Red County Courthouse in the state of Blue was built in 1895 and is still in use. It does not contain ramps or other special facilities for handicapped people. The State Board of Architects has determined that the installation of those facilities would destroy the architectural integrity of the building. Nevertheless, the County Board of Red County applies for a federal grant to restore and preserve that county's courthouse. If the County Board of Red County restores the Red County Courthouse with the aid of a federal restoration and preservation grant, is the board bound to install ramps and other facilities for handicapped people in that building?

0A

Arnold decided to destroy an old warehouse that he owned because the taxes on the structure exceeded the income that he could receive from it. He crept into the building in the middle of the night with a can of gasoline and a fuse and set the fuse timer for 30 minutes. He then left the building. The fuse failed to ignite, and the building was not harmed. Arson is defined in this jurisdiction as "The intentional burning of any building or structure of another, without the consent of the owner." Arnold believed, however, that burning one's own building was arson, having been so advised by his lawyer. Has Arnold committed attempted arson?

3D

"Look-alike drugs" is the term used to describe nonprescription drugs that look like narcotic drugs and are sold on the streets as narcotic drugs. After extensive hearings, Congress concluded that the sale of look-alike drugs was widespread in this country and was creating severe health and law enforcement problems. To combat these problems, Congress enacted a comprehensive statute that regulates the manufacture, distribution, and sale of all nonprescription drugs in the United States. Which of the following sources of constitutional authority can most easily be used to justify the authority of Congress to enact this statute?

1B

Peter and Donald were in the habit of playing practical jokes on each other on their respective birthdays. On Peter's birthday, Donald sent Peter a cake containing an ingredient that he knew had, in the past, made Peter very ill. After Peter had eaten a piece of the cake, he suffered severe stomach pains and had to be taken to the hospital by ambulance. On the way to the hospital, the ambulance driver suffered a heart attack, which caused the ambulance to swerve from the road and hit a tree. As a result of the collision, Peter suffered a broken leg. In a suit by Peter against Donald to recover damages for Peter's broken leg, Peter will

0A

Decker, charged with armed robbery of a store, denied that he was the person who had robbed the store. In presenting the state's case, the prosecutor seeks to introduce evidence that Decker had robbed two other stores in the past year. This evidence is

3D

Twenty-five years ago, Seller conveyed Blackacre to Buyer by a warranty deed. Seller at that time also executed and delivered an instrument in the proper form of a deed, purporting to convey Whiteacre to Buyer. Seller thought she had title to Whiteacre but did not; therefore, no title passed by virtue of the Whiteacre deed. Whiteacre consisted of three acres of brushland adjoining the west boundary of Blackacre. Buyer has occasionally hunted rabbits on Whiteacre, but less often than annually. No one else came on Whiteacre except occasional rabbit hunters. Twenty years ago, Buyer planted a row of evergreens in the vicinity of the opposite (east) boundary of Blackacre and erected a fence just beyond the evergreens to the east. In fact both the trees and the fence were placed on Greenacre, owned by Neighbor, which bordered the east boundary of Blackacre. Buyer was unsure of the exact boundary, and placed the trees and the fence in order to establish his rights up to the fence. The fence is located ten feet within Greenacre. Now, Buyer has had his property surveyed and the title checked and has learned the facts. The period of time to acquire title by adverse possession in the jurisdiction is 15 years. Buyer consulted his lawyer, who properly advised that, in an appropriate action, Buyer would probably obtain title to

1B

Elda, the aged mother of Alice and Barry, both adults, wished to employ a live-in companion so that she might continue to live in her own home. Elda, however, had only enough income to pay one-half of the companion's $2,000 monthly salary. Learning of their mother's plight, Alice and Barry agreed with each other in a signed writing that on the last day of January and each succeeding month during their mother's lifetime, each would give Elda $500. Elda then hired the companion. Alice and Barry made the agreed payments in January, February, and March. In April, however, Barry refused to make any payment and notified Alice and Elda that he would make no further payments. 64. Will Elda succeed in an action for $500 brought against Barry after April 30?

1B

Elda, the aged mother of Alice and Barry, both adults, wished to employ a live-in companion so that she might continue to live in her own home. Elda, however, had only enough income to pay one-half of the companion's $2,000 monthly salary. Learning of their mother's plight, Alice and Barry agreed with each other in a signed writing that on the last day of January and each succeeding month during their mother's lifetime, each would give Elda $500. Elda then hired the companion. Alice and Barry made the agreed payments in January, February, and March. In April, however, Barry refused to make any payment and notified Alice and Elda that he would make no further payments. For this question only, assume that there is a valid contract between Alice and Barry and that Elda has declined to sue Barry. Will Alice succeed in an action against Barry in which she asks the court to order Barry to continue to make his payments to Elda under the terms of the Alice-Barry contract?

0A

Mom owned Blackacre, a two-family apartment house on a small city lot not suitable for partition-in-kind. Upon Mom's death, her will devised Blackacre to "my sons, Joe and John." A week ago, Ken obtained a money judgment against Joe, and properly filed the judgment in the county where Blackacre is located. A statute in the jurisdiction provides: any judgment properly filed shall, for ten years from filing, be a lien on the real property then owned or subsequently acquired by any person against whom the judgment is rendered. Joe needed cash, but John did not wish to sell Blackacre. Joe commenced a partition action against John and Ken. Assume that the court properly ordered a partition by judicial sale. After the sale, Ken's judgment will be a lien on

3D

Dora, who was eight years old, went to the grocery store with her mother. Dora pushed the grocery cart while her mother put items into it. Dora's mother remained near Dora at all times. Peterson, another customer in the store, noticed Dora pushing the cart in a manner that caused Peterson no concern. A short time later, the cart Dora was pushing struck Peterson in the knee, inflicting serious injury. If Peterson brings an action, based on negligence, against the grocery store, the store's best defense will be that

3D

Dora, who was eight years old, went to the grocery store with her mother. Dora pushed the grocery cart while her mother put items into it. Dora's mother remained near Dora at all times. Peterson, another customer in the store, noticed Dora pushing the cart in a manner that caused Peterson no concern. A short time later, the cart Dora was pushing struck Peterson in the knee, inflicting serious injury. If Peterson brings an action, based on negligence, against Dora's mother, will Peterson prevail?

3D

Dora, who was eight years old, went to the grocery store with her mother. Dora pushed the grocery cart while her mother put items into it. Dora's mother remained near Dora at all times. Peterson, another customer in the store, noticed Dora pushing the cart in a manner that caused Peterson no concern. A short time later, the cart Dora was pushing struck Peterson in the knee, inflicting serious injury. If Peterson brings an action, based on negligence, against Dora, Dora's best argument in defense would be that

0A

Adam entered into a valid written contract to sell Blackacre, a large tract of land, to Betsy. At that time, Blackacre was owned by Adam's father, Fred; Adam had no title to Blackacre and was not the agent of Fred. After the contract was executed and before the scheduled closing date, Fred died intestate, leaving Adam as his sole heir. Shortly thereafter, Adam received an offer for Blackacre that was substantially higher than the purchase price in the contract with Betsy. Adam refused to close with Betsy although she was ready, willing, and able to close pursuant to the contract. Betsy brought an appropriate action for specific performance against Adam. In that action, Betsy should be awarded

2C

Dayton operates a collection agency. He was trying to collect a $400 bill for medical services rendered to Pratt by Doctor. Dayton went to Pratt's house and when Martina, Pratt's mother, answered the door, Dayton told Martina he was there to collect a bill owed by Pratt. Martina told Dayton that because of her illness, Pratt had been unemployed for six months, that she was still ill and unable to work, and that she would pay the bill as soon as she could. Dayton, in a loud voice, demanded to see Pratt and said that if he did not receive payment immediately, he would file a criminal complaint charging her with fraud. Pratt, hearing the conversation, came to the door. Dayton, in a loud voice, repeated his demand for immediate payment and his threat to use criminal process. If Pratt asserts a claim against Dayton, based on infliction of emotional distress, will Pratt prevail?

0A

Public schools in the state of Green are financed, in large part, by revenue derived from real estate taxes imposed by each school district on the taxable real property located in that district. Public schools also receive other revenue from private gifts, federal grants, student fees, and local sales taxes. For many years, Green has distributed additional funds, which come from the state treasury, to local school districts in order to equalize the funds available on a per-student basis for each public school district. These additional funds are distributed on the basis of a state statutory formula that considers only the number of students in each public school district and the real estate tax revenue raised by that district. The formula does not consider other revenue received by a school district from different sources. The school boards of two school districts, together with parents and schoolchildren in those districts, bring suit in federal court to enjoin the state from allocating the additional funds from the state treasury to individual districts pursuant to this formula. They allege that the failure of the state, in allocating this additional money, to take into account a school district's sources of revenue other than revenue derived from taxes levied on real estate located there violates the equal protection clause of the Fourteenth Amendment. The complaint does not allege that the allocation of the additional state funds based on the current statutory formula has resulted in a failure to provide minimally adequate education to any child. Which of the following best describes the appropriate standard by which the court should review the constitutionality of the state statutory funding formula?

2C

A car driven by Dan entered land owned by and in the possession of Peter, without Peter's permission. Which, if any, of the following allegations, without additional facts, would provide a sufficient basis for a claim by Peter against Dan? I. Dan intentionally drove his car onto Peter's land. II. Dan negligently drove his car onto Peter's land. III. Dan's car damaged Peter's land.

0A

In which of the following cases is Morrow most likely to be convicted if she is charged with receiving stolen property?

1B

The constitution of State X authorizes a fivemember state reapportionment board to redraw state legislative districts every ten years. In the last state legislative reapportionment, the board, by a unanimous vote, divided the greater Green metropolitan area, composed of Green City and several contiguous townships, into three equally populated state legislative districts. The result of that districting was that 40% of the area's total black population resided in one of those districts, 45% of the area's total black population resided in the second of those districts, and 15% resided in the third district. Jones is black, is a registered voter, and is a resident of Green City. Jones brings suit in an appropriate court against the members of the state reapportionment board, seeking declaratory and injunctive relief that would require the boundary lines of the state legislative districts in the greater Green metropolitan area to be redrawn. His only claim is that the current apportionment violates the Fifteenth Amendment and the equal protection clause of the Fourteenth Amendment because it improperly dilutes the voting power of the blacks who reside in that area. If no federal statute is applicable, which of the following facts, if proven, would most strongly support the validity of the action of the state reapportionment board?

0A

Paulsen Corporation sued Dorr for ten fuel oil deliveries not paid for. Dorr denied that the deliveries were made. At trial, Paulsen calls its office manager, Wicks, to testify that Paulsen employees always record each delivery in duplicate, give one copy to the customer, and place the other copy in Paulsen's files; that he (Wicks) is the custodian of those files; and that his examination of the files before coming to court revealed that the ten deliveries were made. Wicks's testimony that the invoices show ten deliveries is

2C

Dan entered the police station and announced that he wanted to confess to a murder. The police advised Dan of the Miranda warnings, and Dan signed a written waiver. Dan described the murder in detail and pinpointed the location where a murder victim had been found a few weeks before. Later, a courtappointed psychiatrist determined that Dan was suffering from a serious mental illness that interfered with his ability to make rational choices and to understand his rights and that the psychosis had induced his confession. Dan's confession is

0A

Leaseco owned Blackacre, a tract of 100 acres. Six years ago, Leaseco leased a one-acre parcel, Oneacre, located in the northeasterly corner of Blackacre, for a term of 30 years, to Eatco. Eatco intended to and did construct a fast-food restaurant on Oneacre. The lease provided that: 1. Eatco was to maintain Oneacre and improvements thereon, to maintain full insurance coverage on Oneacre, and to pay all taxes assessed against Oneacre. 2. Leaseco was to maintain the access roads and the parking lot areas platted on those portions of Blackacre that adjoined Oneacre and to permit the customers of Eatco to use them in common with the customers of the other commercial users of the remainder of Blackacre. 3. Eatco was to pay its share of the expenses for the off-site improvements according to a stated formula. Five years ago, Leaseco sold Oneacre to Jones, an investor; the conveyance was made subject to the lease to Eatco. However, Jones did not assume the obligations of the lease and Leaseco retained the remainder of Blackacre. Since that conveyance five years ago, Eatco has paid rent to Jones. Eatco refused to pay its formula share of the off-site improvement costs as provided in the lease. Leaseco brought an appropriate action against Eatco to recover such costs. The most likely outcome would be in favor of

1B

While Patty was riding her horse on what she thought was a public path, the owner of a house next to the path approached her, shaking a stick and shouting, "Get off my property." Unknown to Patty, the path on which she was riding crossed the private property of the shouting owner. When Patty explained that she thought the path was a public trail, the man cursed her, approached Patty's horse, and struck the horse with the stick. As a result of the blow, the horse reared, causing Patty to fear that she would fall. However, Patty managed to stay on the horse, and then departed. Neither Patty nor the horse suffered bodily harm. If Patty brings an action for damages against the property owner, the result should be for

1B

In which of the following situations would a court applying common-law doctrine be most likely to convict Defendant of the crime charged, despite Defendant's mistake?

0A

Spender owed Midas $1,000, plus interest at 8% until paid, on a long-overdue promissory note, collection of which would become barred by the statute of limitations on June 30. On the preceding April 1, Spender and Midas both signed a writing in which Spender promised to pay the note in full on the following December 31, plus interest at 8% until that date, and Midas promised not to sue on the note in the meantime. Midas, having received some advice from his nonlawyer brother-in-law, became concerned about the legal effect of the April 1 agreement. On May 1, acting pro se as permitted by the rules of the local small claims court, he filed suit to collect the note. Assuming that there is no controlling statute, is the April 1 agreement an effective defense for Spender?

0A

Spender owed Midas $1,000, plus interest at 8% until paid, on a long-overdue promissory note, collection of which would become barred by the statute of limitations on June 30. On the preceding April 1, Spender and Midas both signed a writing in which Spender promised to pay the note in full on the following December 31, plus interest at 8% until that date, and Midas promised not to sue on the note in the meantime. Midas, having received some advice from his nonlawyer brother-in-law, became concerned about the legal effect of the April 1 agreement. On May 1, acting pro se as permitted by the rules of the local small claims court, he filed suit to collect the note. For this question only, assume that on January 2 of the following year Midas's suit has not come to trial, Spender has not paid the note, Midas has retained a lawyer, and the lawyer, with leave of court, amends the complaint to add a second count to enforce the promise Spender made in the April 1 agreement. Does the new count state a claim upon which relief can be granted?

3D

Which of the following acts by the United States Senate would be constitutionally IMPROPER?

2C

While driving his car, Plaintiff sustained injuries in a three-car collision. Plaintiff sued the drivers of the other two cars, D-l and D-2, and each defendant crossclaimed against the other for contribution. The jurisdiction has adopted a rule of pure comparative negligence and allows contribution based upon proportionate fault. The rule of joint and several liability has been retained. The jury has found that Plaintiff sustained damages in the amount of $100,000, and apportioned the causal negligence of the parties as follows: Plaintiff 40%, D-l 30%, and D-2 30%. How much, if anything, can Plaintiff collect from D-l, and how much, if anything, can D-l then collect from D-2 in contribution?

3D

Hal and Wan owned Blackacre as joint tenants, upon which was situated a two-family house. Hal lived in one of the two apartments and rented the other apartment to Tent. Hal got in a fight with Tent and injured him. Tent obtained and properly filed a judgment for $10,000 against Hal. The statute in the jurisdiction reads: Any judgment properly filed shall, for ten years from filing, be a lien on the real property then owned or subsequently acquired by any person against whom the judgment is rendered. Wan, who lived in a distant city, knew nothing of Tent's judgment. Before Tent took any further action, Hal died. The common-law joint tenancy is unmodified by statute. Wan then learned the facts and brought an appropriate action against Tent to quiet title to Blackacre. The court should hold that Tent has

3D

In litigation on a federal claim, Plaintiff had the burden of proving that Defendant received a notice. Plaintiff relied on the presumption of receipt by offering evidence that the notice was addressed to Defendant, properly stamped, and mailed. Defendant, on the other hand, testified that she never received the notice. Which of the following is correct?

1B

In a medical malpractice suit by Payne against Dr. Dock, Payne seeks to introduce a properly authenticated photocopy of Payne's hospital chart. The chart contained a notation made by a medical resident that an aortic clamp had broken during Payne's surgery. The resident made the notation in the regular course of practice, but had no personal knowledge of the operation, and cannot remember which of the operating physicians gave him the information.The document is

0A

Parr sued Davis for damages for physical injuries allegedly caused by Davis's violation of the federal civil rights law. The incident occurred wholly within the state of Chippewa but the case was tried in federal court. The Chippewa state code says, "The common-law privileges are preserved intact in this state." At trial, Davis called Dr. Webb, Parr's physician, to testify to confidential statements made to him by Parr in furtherance of medical treatment for the injuries allegedly caused by Davis. Parr objects, claiming a physicianpatient privilege. The court should apply

3D

In a prosecution of Dahle for assault, Wharton is called to testify that the victim, Valerian, had complained to Wharton that Dahle was the assailant. Wharton's testimony is most likely to be admitted if Wharton is

2C

Betty Bower, an adult, asked Jeff Geetus to lend her $1,000. Geetus replied that he would do so only if Bower's father, Cash, would guarantee the loan. At Bower's request, Cash mailed a signed letter to Geetus: "If you lend $1,000 to my daughter, I will repay it if she doesn't." On September 15, Geetus, having read Cash's letter, lent $1,000 to Bower, which Bower agreed to repay in installments of $100 plus accrued interest on the last day of each month beginning October 31. Cash died on September 16. Later that same day, unaware of Cash's death, Geetus mailed a letter to Cash advising that he had made the $1,000 loan to Bower on September 15. Bower did not pay the installments due on October 31, November 30, or December 31, and has informed Geetus that she will be unable to make repayments in the foreseeable future. On January 15, Geetus is entitled to a judgment against Bower for which of the following amounts?

1B

Betty Bower, an adult, asked Jeff Geetus to lend her $1,000. Geetus replied that he would do so only if Bower's father, Cash, would guarantee the loan. At Bower's request, Cash mailed a signed letter to Geetus: "If you lend $1,000 to my daughter, I will repay it if she doesn't." On September 15, Geetus, having read Cash's letter, lent $1,000 to Bower, which Bower agreed to repay in installments of $100 plus accrued interest on the last day of each month beginning October 31. Cash died on September 16. Later that same day, unaware of Cash's death, Geetus mailed a letter to Cash advising that he had made the $1,000 loan to Bower on September 15. Bower did not pay the installments due on October 31, November 30, or December 31, and has informed Geetus that she will be unable to make repayments in the foreseeable future. For this question only, assume that Bower's entire $1,000 debt is due and that she has failed to repay any part of it. In an action by Geetus against Cash's estate for $1,000 plus accrued interest, which of the following, if any, will serve as (an) effective defense(s) for Cash's estate? I. There was no consideration to support Cash's promise, because he did not receive any benefit. II. Cash died before Geetus accepted his offer. III. Cash died before Geetus notified him that his offer had been accepted.

3D

At Darrow's trial for stealing an automobile, Darrow called a character witness, Goode, who testified that Darrow had an excellent reputation for honesty. In rebuttal, the prosecutor calls Wick to testify that he recently saw Darrow cheat on a college examination. This evidence should be

3D

The Federal Family Film Enhancement Act 100. assesses an excise tax of 10% on the price of admission to public movie theaters when they show films that contain actual or simulated scenes of human sexual intercourse. Which of the following is the strongest argument against the constitutionality of this federal act?

3D

Desmond fell while attempting to climb a mountain, and lay unconscious and critically injured on a ledge that was difficult to reach. Pearson, an experienced mountain climber, was himself seriously injured while trying to rescue Desmond. Pearson's rescue attempt failed, and Desmond died of his injuries before he could be reached. Pearson brought an action against Desmond's estate for compensation for his injuries. In this jurisdiction, the traditional common-law rules relating to contributory negligence and assumption of risk remain in effect. Will Pearson prevail in his action against Desmond's estate?

2C

At a party for coworkers at Defendant's home, Victim accused Defendant of making advances toward his wife. Victim and his wife left the party. The next day at work, Defendant saw Victim and struck him on the head with a softdrink bottle. Victim fell into a coma and died two weeks after the incident. This jurisdiction defines aggravated assault as an assault with any weapon or dangerous implement and punishes it as a felony. It defines murder as the unlawful killing of a person with malice aforethought or in the course of an independent felony. Defendant may be found guilty of murder

2C

In preparation for a mountain-climbing expedition, Alper purchased the necessary climbing equipment from Outfitters, Inc., a retail dealer in sporting goods. A week later, Alper fell from a rock face when a safety device he had purchased from Outfitters malfunctioned because of a defect in its manufacture. Thereafter, Rollins was severely injured when he tried to reach and give assistance to Alper on the ledge to which Alper had fallen. Rollins's injury was not caused by any fault on his own part. If Rollins brings an action against Outfitters, Inc., to recover damages for his injuries, will Rollins prevail?

3D

Pitt sued Dill for damages for back injuries received in a car wreck. Dill disputed the damages and sought to prove that Pitt's disability, if any, resulted from a childhood horseback riding accident. Pitt admitted the childhood accident, but contended it had no lasting effect. Pitt calls Dr. Webb, an orthopedist who had never examined Pitt, and poses to Webb a hypothetical question as to the cause of the disability that omits any reference to the horseback riding accident. The question was not provided to opposing counsel before trial. The best ground for objecting to this question would be that

1B

Daggett was prosecuted for murder of Vales, whose body was found one morning in the street near Daggett's house. The state calls Witt, a neighbor, to testify that during the night before the body was found he heard Daggett's wife scream, "You killed him! You killed him!" Witt's testimony is

1B

Plaintiff was a passenger in a car that was struck in the rear by a car driven by First. The collision resulted from First's negligence in failing to keep a proper lookout. Plaintiff's physician found that the collision had aggravated a mild osteoarthritic condition in her lower back and had brought on similar, but new, symptoms in her neck and upper back. Six months after the first accident, Plaintiff was a passenger in a car that was struck in the rear by a car driven by Second. The collision resulted from Second's negligence in failing to keep a proper lookout. Plaintiff's physician found that the second collision had caused a general worsening of Plaintiff's condition, marked by a significant restriction of movement and muscle spasms in her back and neck. The physician believes Plaintiff's worsened condition is permanent, and he can find no basis for apportioning responsibility for her present worsened condition between the two automobile collisions. Plaintiff brought an action for damages against First and Second. At the close of Plaintiff's evidence, as outlined above, each of the defendants moved for a directed verdict in his favor on the ground that Plaintiff had failed to produce evidence on which the jury could determine how much damage each defendant had caused. The jurisdiction adheres to the common-law rules regarding joint and several liability. Plaintiff's best argument in opposition to the defendants' motions would be that the defendants are jointly and severally liable for Plaintiff's entire harm, because

0A

Darby was prosecuted for sexually abusing his 13-year-old stepdaughter, Wendy. Wendy testified to Darby's conduct. On cross-examination, defense counsel asks Wendy, "Isn't it true that shortly before you complained that Darby abused you, he punished you for maliciously ruining some of his phonograph records?" The question is

0A

David entered the county museum at a time when it was open to the public, intending to steal a Picasso etching. Once inside, he took what he thought was the etching from an unlocked display case and concealed it under his coat. However, the etching was a photocopy of an original that had been loaned to another museum. A sign over the display case containing the photocopy said that similar photocopies were available free at the entrance. David did not see the sign. Burglary in the jurisdiction is defined as "entering a building unlawfully with the intent to commit a crime." David is guilty of

2C

Insurance is provided in the state of Shoshone only by private companies. Although the state insurance commissioner inspects insurance companies for solvency, the state does not regulate their rates or policies. An insurance company charges higher rates for burglary insurance to residents of one part of a county in Shoshone than to residents of another section of the same county because of the different crime rates in those areas. Foster is a resident of that county who was charged the higher rate by the insurance company because of the location of her residence. Foster sues the insurance company, alleging that the differential in insurance rates unconstitutionally denies her the equal protection of the laws. Will Foster's suit succeed?

2C

Jack, a bank teller, was fired by Morgan, the president of the bank. Jack decided to take revenge against Morgan, but decided against attempting it personally, because he knew Morgan was protected around the clock by bank security guards. Jack knew that Chip had a violent temper and was very jealous. Jack falsely told Chip that Chip's wife, Elsie, was having an affair with Morgan. Enraged, Chip said, "What am I going to do?" Jack said, "If it were my wife, I'd just march into his office and blow his brains out." Chip grabbed a revolver and rushed to the bank. He walked into the bank, carrying the gun in his hand. One of the security guards, believing a holdup was about to occur, shot and killed Chip. If charged with murder of Chip, Jack should be found

0A

Jack, a bank teller, was fired by Morgan, the president of the bank. Jack decided to take revenge against Morgan, but decided against attempting it personally, because he knew Morgan was protected around the clock by bank security guards. Jack knew that Chip had a violent temper and was very jealous. Jack falsely told Chip that Chip's wife, Elsie, was having an affair with Morgan. Enraged, Chip said, "What am I going to do?" Jack said, "If it were my wife, I'd just march into his office and blow his brains out." Chip grabbed a revolver and rushed to the bank. He walked into the bank, carrying the gun in his hand. One of the security guards, believing a holdup was about to occur, shot and killed Chip. If charged with attempted murder of Morgan, Jack should be found

0A

Sally told Michael she would like to have sexual intercourse with him and that he should come to her apartment that night at 7 p.m. After Michael arrived, he and Sally went into the bedroom. As Michael started to remove Sally's blouse, Sally said she had changed her mind. Michael tried to convince her to have intercourse with him, but after ten minutes of her sustained refusals, Michael left the apartment. Unknown to Michael, Sally was 15 years old. Because she appeared to be older, Michael believed her to be about 18 years old. A statute in the jurisdiction provides: "A person commits rape in the second degree if he has sexual intercourse with a girl, not his wife, who is under the age of 16 years." If Michael is charged with attempting to violate this statute, he is

3D

Alice entered into a contract with Paul by the terms of which Paul was to paint Alice's office for $1,000 and was required to do all of the work over the following weekend so as to avoid disruption of Alice's business. For this question only, assume the following facts. If Paul had started to paint on the following Saturday morning, he could have finished before Sunday evening. However, he stayed home that Saturday morning to watch the final game of the World Series on TV, and did not start to paint until Saturday afternoon. By late Saturday afternoon, Paul realized that he had underestimated the time it would take to finish the job if he continued to work alone. Paul phoned Alice at her home and accurately informed her that it was impossible to finish the work over the weekend unless he hired a helper. He also stated that to do so would require an additional charge of $200 for the work. Alice told Paul that she apparently had no choice but to pay "whatever it takes" to get the work done as scheduled. Paul hired Ted to help finish the painting and paid Ted $200. Alice has offered to pay Paul $1,000. Paul is demanding $1,200. How much is Paul likely to recover?

0A

Alice entered into a contract with Paul by the terms of which Paul was to paint Alice's office for $1,000 and was required to do all of the work over the following weekend so as to avoid disruption of Alice's business. For this question only, assume the following facts. Paul commenced work on Saturday morning, and had finished half the painting by the time he quit work for the day. That night, without the fault of either party, the office building was destroyed by fire. Which of the following is an accurate statement?

1B

The state of Erehwon has a statute providing that an unsuccessful candidate in a primary election for a party's nomination for elected public office may not become a candidate for the same office at the following general election by nominating petition or by write-in votes. Sabel sought her party's nomination for governor in the May primary election. After losing in the primary, Sabel filed nominating petitions containing the requisite number of signatures to become a candidate for the office of governor in the following general election. The chief elections officer of Erehwon refused to certify Sabel's petitions solely because of the above statute. Sabel then filed suit in federal district court challenging the constitutionality of this Erehwon statute. As a matter of constitutional law, which of the following is the proper burden of persuasion in this suit?

2C

In order to provide funds for a system of new major airports near the ten largest cities in the United States, Congress levies a tax of $25 on each airline ticket issued in the United States. The tax applies to every airline ticket, even those for travel that does not originate in, terminate at, or pass through any of those ten large cities. As applied to the issuance in the United States of an airline ticket for travel between two cities that will not be served by any of the new airports, this tax is

0A

Stoven, who owned Craigmont in fee simple, mortgaged Craigmont to Ulrich to secure a loan of $100,000. The mortgage was promptly and properly recorded. Stoven later mortgaged Craigmont to Martin to secure a loan of $50,000. The mortgage was promptly and properly recorded. Subsequently, Stoven conveyed Craigmont to Fritsch. About a year later, Fritsch borrowed $100,000 from Zorn, an elderly widow, and gave her a mortgage on Craigmont to secure repayment of the loan. Zorn did not know about the mortgage held by Martin. The understanding between Fritsch and Zorn was that Fritsch would use the $100,000 to pay off the mortgage held by Ulrich and that Zorn would, therefore, have a first mortgage on Craigmont. Zorn's mortgage was promptly and properly recorded. Fritsch paid the $100,000 received from Zorn to Ulrich and obtained and recorded a release of the Ulrich mortgage. The $50,000 debt secured by the Martin mortgage was not paid when it was due, and Martin brought an appropriate action to foreclose, joining Stoven, Fritsch, and Zorn as defendants and alleging that Martin's mortgage was senior to Zorn's mortgage on Craigmont. If the court rules that Zorn's mortgage is entitled to priority over Martin's mortgage, which of the following determinations are necessary to support that ruling? I. Ulrich's mortgage was originally senior to Martin's mortgage. II. Zorn is entitled to have Ulrich's mortgage revived for her benefit, and Zorn is entitled to be subrogated to Ulrich's original position as senior mortgagee. III. There are no countervailing equities in favor of Martin.

3D

One evening, Parnell had several drinks and then started to drive home. As he was proceeding down Main Boulevard, an automobile pulled out of a side street to his right. Parnell's car struck this automobile broadside. The driver of the other car was killed as a result of the collision. A breath analysis test administered after the accident showed that Parnell satisfied the legal definition of intoxication. If Parnell is prosecuted for manslaughter, his best chance for acquittal would be based on an argument that

1B

Seisin and Vendee, standing on Greenacre, orally agreed to its sale and purchase for $5,000, and orally marked its bounds as "that line of trees down there, the ditch that intersects them, the fence on the other side, and that street on the fourth side." In which of the following is the remedy of reformation most appropriate?

0A

Airco operates an aircraft maintenance and repair business serving the needs of owners of private airplanes. Flyer contracted with Airco to replace the engine in his plane with a more powerful engine of foreign manufacture. Airco purchased the replacement engine through a representative of the manufacturer and installed it in Flyer's plane. A short time after it was put into use, the new engine failed, and the plane crashed into a warehouse owned by Landers, destroying the warehouse and its contents. Airco was guilty of no negligence in the procurement, inspection, or installation of the engine. The failure of the engine was caused by a defect that would not be disclosed by inspection and testing procedures available to an installer. There was no negligence on the part of Flyer, who escaped the disabled plane by parachute. Landers recovered a judgment for damages from Flyer for the destruction of his warehouse and its contents, and Flyer has asserted a claim against Airco to recover compensation on account of that liability. In that action, Flyer will recover

0A

To encourage the growth of its population, the state of Axbridge established a program that awarded $1,000 to the parents of each child born within the state, provided that at the time of the child's birth the mother and father of the newborn were citizens of the United States. The Lills are aliens who are permanent residents of the United States and have resided in Axbridge for three years. When their first child was born two months ago, they applied for and were denied the $1,000 award by Axbridge officials on the sole ground that they are not citizens of the United States. The Lills filed suit in federal court contending that their exclusion from the award program was unconstitutional. Assume no federal statute addresses this question. In this case, the court should hold that the exclusion of aliens from the Axbridge award program is

2C

Olin owned Blueacre, a valuable tract of land located in York County. Olin executed a document in the form of a warranty deed of Blueacre, which was regular in all respects except that the only language designating the grantees in each of the granting and habendum clauses was: "The leaders of all the Protestant Churches in York County." The instrument was acknowledged as required by statute and promptly and properly recorded. Olin told his lawyer, but no one else, that he had made the conveyance as he did because he abhorred sectarianism in the Protestant movement and because he thought that the leaders would devote the asset to lessening sectarianism. Olin died suddenly and unexpectedly a week later, leaving a will that bequeathed and devised his entire estate to Plum. After probate of the will became final and the administration on Olin's estate was closed, Plum instituted an appropriate action to quiet title to Blueacre and properly served as defendant each Protestant church situated in the county. The only evidence introduced consisted of the chain of title under which Olin held, the probated will, the recorded deed, the fact that no person knew about the deed except Olin and his lawyer, and the conversation Olin had with his lawyer described above. In such action, judgment should be for

0A

Old City police officers shot and killed Jones's friend as he attempted to escape arrest for an armed robbery he had committed. Jones brought suit in federal district court against the Old City Police Department and the city police officers involved, seeking only a judgment declaring unconstitutional the state statute under which the police acted. That newly enacted statute authorized the police to use deadly force when necessary to apprehend a person who has committed a felony. In his suit, Jones alleged that the police would not have killed his friend if the use of deadly force had not been authorized by the statute. The federal district court should

2C

Dooley and Melville were charged with conspiracy to dispose of a stolen diamond necklace. Melville jumped bail and cannot be found. Proceeding to trial against Dooley alone, the prosecutor calls Wixon, Melville's girlfriend, to testify that Melville confided to her that "Dooley said I still owe him some of the money from selling that necklace." Wixon's testimony is

1B

Pocket, a bank vice president, took substantial kickbacks to approve certain loans that later proved worthless. Upon learning of the kickbacks, Dudd, the bank's president, fired Pocket, telling him, "If you are not out of this bank in ten minutes, I will have the guards throw you out bodily." Pocket left at once. If Pocket asserts a claim against Dudd based on assault, will Pocket prevail?

1B

Lee contracted with Mover, an interstate carrier, to ship household goods from the state of Green to his new home in the state of Pink. A federal statute provides that all liability of an interstate mover to a shipper for loss of or damage to the shipper's goods in transit is governed exclusively by the contract between them. The statute also requires the mover to offer a shipper at least two contracts with different levels of liability. In full compliance with that federal statute, Mover offered Lee a choice between two shipping agreements that provided different levels of liability on the part of Mover. The more expensive contract provided that Mover was fully liable in case of loss or damage. The less expensive contract limited Mover's liability in case of loss or damage to less than full value. Lee voluntarily signed the less expensive contract with Mover, fixing Mover's liability at less than the full value of the shipment. Mover's truck was involved in an accident in the state of Pink. The accident was entirely a product of the negligence of Mover's driver. Lee's household goods were totally destroyed. In accordance with the contract, Mover reimbursed Lee for less than the full value of the goods. Lee then brought suit against Mover under the tort law of the state of Pink claiming that he was entitled to be reimbursed for the full value of the goods. Mover filed a motion to dismiss. In this suit, the court should

0A

Metro City operates a cemetery pursuant to a city ordinance. The ordinance requires the operation of the city cemetery to be supported primarily by revenues derived from the sale of cemetery lots to individuals. The ordinance further provides that the purchase of a cemetery lot entitles the owner to perpetual care of the lot, and entitles the owner to erect on the lot, at the owner's expense, a memorial monument or marker of the owner's choice, subject to certain size restrictions. The Metro City ordinance requires the city to maintain the cemetery, including mowing the grass, watering flowers, and plowing snow, and provides for the expenditure of city tax funds for such maintenance if revenues from the sale of cemetery lots are insufficient. Although cemetery lots are sold at full fair market value, which includes the current value of perpetual care, the revenue from the sale of such lots has been insufficient in recent years to maintain the cemetery. As a result, a small amount of city tax funds has also been used for that purpose. A group of Metro City taxpayers bringssuit against Metro City challenging the constitutionality of the city ordinance insofar as it permits the owner of a cemetery lot to erect a religious memorial monument or marker on his or her lot. Is this suit likely to be successful?

1B

Dexter was tried for the homicide of a girl whose strangled body was found beside a remote logging road with her hands taped together. After Dexter offered evidence of alibi, the state calls Wilma to testify that Dexter had taped her hands and tried to strangle her in the same location two days before the homicide but that she escaped. The evidence is

0A

Blackacre was a tract of 100 acres retained by Byron, the owner, after he had developed the adjoining 400 acres as a residential subdivision. Byron had effectively imposed restrictive covenants on each lot in the 400 acres. Chaney offered Byron a good price for a five-acre tract located in a corner of Blackacre far away from the existing 400-acre residential subdivision. Byron conveyed the fiveacre tract to Chaney and imposed the same restrictive covenants on the five-acre tract as he had imposed on the lots in the adjoining 400 acres. Byron further covenanted that when he sold the remaining 95 acres of Blackacre he would impose the same restrictive covenants in the deed or deeds for the 95 acres. Byron's conveyance to Chaney was promptly and properly recorded. However, shortly thereafter, Byron conveyed the remaining 95 acres to Dart for $100,000 by a deed that made no mention of any restrictive covenants. Dart had no actual knowledge of the restrictive covenants in Chaney's deed. Dart now proposes to build an industrial park which would violate such restrictive covenants if they are applicable. The recording act of the jurisdiction provides: "No conveyance or mortgage of real property shall be good against subsequent purchasers for value and without notice unless the same be recorded according to law." In an appropriate action by Chaney to enforce the restrictive covenants against Dart's 95-acre tract, if Dart wins it will be because

0A

A grand jury indicted Alice on a charge of arson, and a valid warrant was issued for her arrest. Paul, a police officer, arrested Alice and informed her of what the warrant stated. However, hoping that Alice might say something incriminating, he did not give her Miranda warnings. He placed her in the back seat of his patrol car and was driving her to the police station when she said, "Look, I didn't mean to burn the building; it was an accident. I was just burning some papers in a wastebasket." At the station, after being given Miranda warnings, Alice stated she wished to remain silent and made no other statements. Alice moved to suppress the use of her statement to Paul as evidence on two grounds: first, that the statement was acquired without giving Miranda warnings, and second, that the police officer had deliberately elicited her incriminating statement after she was in custody. As to Alice's motion to suppress, the court should

0A

Debtor's $1,000 contractual obligation to Aunt was due on July 1. On the preceding June 15, Aunt called Niece and said, "As my birthday gift to you, you may collect on July 1 the $1,000 Debtor owes me." Aunt also called Debtor and told him to pay the $1,000 to Niece on July 1. On July 1, Debtor, saying that he did not like Niece and wouldn't pay anything to her, paid the $1,000 to Aunt, who accepted it without objection. Will Niece succeed in an action for $1,000 against Debtor?

2C

The School Board of the city of Rulb issued a rule authorizing public school principals to punish, after a hearing, students who engage in violations of the board's student behavior code. According to the rule, violators of the behavior code may be punished in a variety of ways including being required to sit in designated school confinement rooms during all school hours, with their hands clasped in front of them, for a period of up to 15 school days. Teddy, a fifth grade student in Rulb Elementary School, was charged with placing chewed bubble gum on a classmate's chair, a violation of the student behavior code. He had never violated the code before and was otherwise an attentive and well-behaved student. After a hearing on the charges, Teddy's principal determined that Teddy had violated the behavior code in the manner charged, and ordered Teddy to spend the next 15 school days in the school confinement room with his hands clasped in front of him. Teddy's parents file suit in federal court challenging, solely on constitutional grounds, the principal's action in ordering Teddy to spend the next 15 school days in the school confinement room with his hands clasped in front of him. Which of the following arguments would be most helpful to Teddy's parents in this suit?

2C

Davidson and Smythe were charged with burglary of a warehouse. They were tried separately. At Davidson's trial, Smythe testified that he saw Davidson commit the burglary. While Smythe is still subject to recall as a witness, Davidson calls Smythe's cellmate, Walton, to testify that Smythe said, "I broke into the warehouse alone because Davidson was too drunk to help." This evidence of Smythe's statement is

1B

On March 1, Hotz Apartments, Inc., received from Koolair, Inc., a letter offering to sell Hotz 1,200 window air conditioners suitable for the apartments in Hotz's buildings. The Koolair offer stated that it would remain open until March 20, but that Hotz's acceptance must be received on or before that date. On March 16, Hotz posted a letter of acceptance. On March 17, Koolair telegraphed Hotz to advise that it was revoking the offer. The telegram reached Hotz on March 17, but Hotz's letter did not arrive at Koolair's address until March 21. As of March 22, which of the following is a correct statement?

3D

A statute of the state of Illitron declares that after five years of continuous service in their positions all state employees, including faculty members at the state university, are entitled to retain their positions during "good behavior." The statute also contains a number of procedural provisions. Any state employee who is dismissed after that five-year period must be given reasons for the dismissal before it takes effect. In addition, such an employee must, upon request, be granted a postdismissal hearing before an administrative board to seek reinstatement and back pay. The statute precludes any other hearing or opportunity to respond to the charges. That post-dismissal hearing must occur within six months after the dismissal takes effect. The burden of proof at such a hearing is on the state, and the board may uphold the dismissal only if it is supported by a preponderance of the evidence. An employee who is dissatisfied with a decision of the board after a hearing may appeal its decision to the state courts. The provisions of this statute are inseverable. A teacher who had been employed continuously for seven years as a faculty member at the state university was dismissed. A week before the dismissal took effect, she was informed that she was being dismissed because of a charge that she accepted a bribe from a student in return for raising the student's final grade in her course. At that time she requested an immediate hearing to contest the propriety of her dismissal. Three months after her dismissal, she was granted a hearing before the state administrative board. The board upheld her dismissal, finding that the charge against her was supported by a preponderance of the evidence presented at the hearing. The faculty member did not appeal the decision of the state administrative board to the Illitron state courts. Instead, she sought a declaratory judgment in federal district court to the effect that the state statute prescribing the procedures for her dismissal is unconstitutional. In this case, the federal district court should

2C

Dorfman's dog ran into the street in front of Dorfman's home and began chasing cars. Peterson, who was driving a car on the street, swerved to avoid hitting the dog, struck a telephone pole, and was injured. If Peterson asserts a claim against Dorfman, will Peterson prevail?

1B

Dower, an inexperienced driver, borrowed a car from Puder, a casual acquaintance, for the express purpose of driving it several blocks to the local drug store. Instead, Dower drove the car, which then was worth $12,000, 100 miles to Other City. While Dower was driving in Other City the next day, the car was hit by a negligently driven truck and sustained damage that will cost $3,000 to repair. If repaired, the car will be fully restored to its former condition. If Puder asserts a claim against Dower based on conversion, Puder should recover a judgment for

0A

Miller's, a department store, had experienced a growing incidence of shoplifting. At the store's request, the police concealed Best, a woman who was a detective, at a vantage point above the women's apparel fitting rooms where she could see into these rooms, where customers tried on clothes. Detective Best saw Davis enter a fitting room, stuff a dress into her pocketbook, leave the fitting room, and start for the street door. By prearranged signal, Best notified another police officer near the door, who detained Davis as Davis started to go out into the street. Davis was placed under arrest, and the dress was retrieved from her purse. Davis is charged with shoplifting. Her motion to prevent the introduction of the dress into evidence will be

1B

Deland operates a bank courier service that uses armored trucks to transport money and securities. One of Deland's armored trucks was parked illegally, too close to a street intersection. Pilcher, driving his car at an excessive speed, skidded into the armored truck while trying to make a turn. The truck was not damaged, but Pilcher was injured. Pilcher has brought an action against Deland to recover damages for his loss resulting from the accident. The jurisdiction follows a pure comparative negligence rule. In this action, Pilcher should recover

2C

Roberts, a professional motorcycle rider, put on a performance in a privately owned stadium during which he leaped his motorcycle over 21 automobiles. Spectators were charged $5 each to view the jump and were prohibited from using cameras. However, the local television station filmed the whole event from within the stadium without the knowledge or consent of Roberts and showed the film in its entirety on the evening newscast that day. Roberts thereafter brought suit to recover damages from the station for the admittedly unauthorized filming and broadcasting of the act. The television station raised only constitutional defenses. The court should

3D

Stirrup, a rancher, and Equinox, a fancier of horses, signed the following writing: "For $5,000, Stirrup will sell to Equinox a gray horse that Equinox may choose from among the grays on Stirrup's ranch." Equinox refused to accept delivery of a gray horse timely tendered by Stirrup or to choose among those remaining, on the ground that during their negotiations Stirrup had orally agreed to include a saddle, worth $100, and also to give Equinox the option to choose a gray or a brown horse. Equinox insisted on one of Stirrup's brown horses, but Stirrup refused to part with any of his browns or with the saddle as demanded by Equinox. If Equinox sues Stirrup for damages and seeks to introduce evidence of the alleged oral agreement, the court probably will

1B

Parker sues Dix for breach of a promise made in a letter allegedly written by Dix to Parker. Dix denies writing the letter. Which of the following would NOT be a sufficient basis for admitting the letter into evidence?

2C

Green contracted in a signed writing to sell Greenacre, a 500-acre tract of farmland, to Farmer. The contract provided for exchange of the deed and purchase price of $500,000 in cash on January 15. Possession was to be given to Farmer on the same date. On January 15, Green notified Farmer that because the tenant on Greenacre wrongfully refused to quit the premises until January 30, Green would be unable to deliver possession of Greenacre until then, but he assured Farmer that he would tender the deed and possession on that date. When Green tendered the deed and possession on January 30, Farmer refused to accept either, and refused to pay the $500,000. Throughout the month of January, the market value of Greenacre was $510,000, and its fair monthly rental value was $5,000. Will Green probably succeed in an action against Farmer for specific performance?

1B

Green contracted in a signed writing to sell Greenacre, a 500-acre tract of farmland, to Farmer. The contract provided for exchange of the deed and purchase price of $500,000 in cash on January 15. Possession was to be given to Farmer on the same date. On January 15, Green notified Farmer that because the tenant on Greenacre wrongfully refused to quit the premises until January 30, Green would be unable to deliver possession of Greenacre until then, but he assured Farmer that he would tender the deed and possession on that date. When Green tendered the deed and possession on January 30, Farmer refused to accept either, and refused to pay the $500,000. Throughout the month of January, the market value of Greenacre was $510,000, and its fair monthly rental value was $5,000. For this question only, make the following assumptions. On January 30, Farmer accepted a conveyance and possession of Greenacre and paid the $500,000 purchase price, but notified Green that he was reserving any rights he might have to damages caused by Green's breach. Farmer intended to use the land for raising cattle and had entered into a contract for the purchase of 500 head of cattle to be delivered to Greenacre on January 15. Because he did not have possession of Greenacre on that date, he had to rent another pasture at a cost of $2,000 to graze the cattle for 15 days. Green had no reason to know that Farmer intended to use Greenacre for raising cattle or that he was purchasing cattle to be grazed on Greenacre. In an action by Farmer against Green for damages, Farmer is entitled to recover

2C

Able, owner of Blackacre and Whiteacre, two adjoining parcels, conveyed Whiteacre to Baker and covenanted in the deed to Baker that when he, Able, sold Blackacre he would impose restrictive covenants to prohibit uses that would compete with the filling station that Baker intended to construct and operate on Whiteacre. The deed was not recorded. Baker constructed and operated a filling station on Whiteacre and then conveyed Whiteacre to Dodd, who continued the filling station use. The deed did not refer to the restrictive covenant and was promptly and properly recorded. Able then conveyed Blackacre to Egan, who knew about Able's covenant with Baker to impose a covenant prohibiting the filling station use but nonetheless completed the transaction when he noted that no such covenant was contained in Able's deed to him. Egan began to construct a filling station on Blackacre. Dodd brought an appropriate action to enjoin Egan from using Blackacre for filling station purposes. If Dodd prevails, it will be because

0A

While walking on a public sidewalk, Anson was struck by a piece of lumber that fell from the roof of Bruce's house. Bruce had hired Chase to make repairs to his roof, and the lumber fell through negligence on Chase's part. If Anson brings an action against Bruce to recover damages for the injury caused to him by Chase's negligence, will Anson prevail?

1B

Owen contracted to sell Vacantacre to Perry. The written contract required Owen to provide evidence of marketable title of record, specified a closing date, stated that "time is of the essence," and provided that at closing, Owen would convey by warranty deed. Perry paid Owen $2,000 earnest money toward the $40,000 purchase price. The title evidence showed that an undivided one-eighth interest in Vacantacre was owned by Alice. Perry immediately objected to title and said he would not close on Owen's title. Owen responded, accurately, that Alice was his daughter who would be trekking in Nepal until two weeks after the specified closing date. He said that she would gladly deed her interest upon her return, and that meanwhile his deed warranting title to all of Vacantacre would fully protect Perry. Owen duly tendered his deed but Perry refused to close. Perry brought an appropriate action to recover the $2,000 earnest money promptly after the specified closing date. Owen counterclaimed for specific performance, tendering a deed from himself and Alice, who had by then returned. The court will hold for

2C

A statute provides: A person commits the crime of rape if he has sexual intercourse with a female, not his wife, without her consent. Dunbar is charged with the rape of Sally. At trial, Sally testifies to facts sufficient for a jury to find that Dunbar had sexual intercourse with her, that she did not consent, and that the two were not married. Dunbar testifies in his own defense that he believed that Sally had consented to sexual intercourse and that she was his common-law wife. At the conclusion of the case, the court instructed the jury that in order to find Dunbar guilty of rape, it must find beyond a reasonable doubt that he had sexual intercourse with Sally without her consent. The court also instructed the jury that it should find the defendant not guilty if it found either that Sally was Dunbar's wife or that Dunbar reasonably believed that Sally had consented to the sexual intercourse, but that the burden of persuasion as to these issues was on the defendant. The jury found Dunbar guilty, and Dunbar appealed, contending that the court's instructions on the issues of whether Sally was his wife and whether he reasonably believed she had consented violated his constitutional rights. Dunbar's constitutional rights were

1B

Star, who played the lead role in a television soap opera, was seriously injured in an automobile accident caused by Danton's negligent driving. As a consequence of Star's injury, the television series was canceled, and Penn, a supporting actor, was laid off. In an action against Danton, can Penn recover for his loss of income attributable to the accident?

3D

On December 1, Broker contracted with Collecta to sell her one of a certain type of rare coin for $12,000, delivery and payment to occur on the next March 1. To fulfill that contract, and without Collecta's knowledge, Broker contracted on January 1 to purchase for $10,000 a specimen of that type coin from Hoarder, delivery and payment to occur on February 1. The market price of such coins had unexpectedly fallen to $8,000 by February 1, when Hoarder tendered the coin and Broker repudiated. On February 25, the market in such coins suddenly reversed and had stabilized at $12,000 on March 1. Broker, however, had failed to obtain a specimen of the coin and repudiated his agreement with Collecta when she tendered the $12,000 agreed price on March 1. Later that day, after learning by chance of Broker's dealing with Collecta, Hoarder telephoned Collecta and said: "Listen, Broker probably owes me at least $2,000 in damages for refusing wrongfully to buy my coin for $10,000 on February 1 when the market was down to $8,000. But I'm in good shape in view of the market's recovery since then, and I think you ought to get after the so-and-so." If Collecta immediately sues Broker for his breach of the Broker-Hoarder contract, which of the following will the court probably decide?

0A

In a prosecution of Dale for murdering Vera, Dale testified that the killing had occurred in self defense when Vera tried to shoot him. In rebuttal, the prosecution seeks to call Walter, Vera's father, to testify that the day before the killing, Vera told Walter that she loved Dale so much she could never hurt him. Walter's testimony is

0A

For an agreed price of $20 million, Bildko, Inc., contracted with Venture to design and build on Venture's commercial plot a 15-story office building. In excavating for the foundation and underground utilities, Bildko encountered a massive layer of granite at a depth of 15 feet. By reasonable safety criteria, the building's foundation required a minimum excavation of 25 feet. When the contract was made, neither Venture nor Bildko was aware of the subsurface granite, for the presence of which neither party had hired a qualified expert to test. Claiming accurately that removal of enough granite to permit the construction as planned would cost him an additional $3 million and a probable net loss on the contract of $2 million, Bildko refused to proceed with the work unless Venture would promise to pay an additional $2.5 million for the completed building. If Venture refuses and sues Bildko for breach of contract, which of the following will the court probably decide?

2C

Owens owned Whiteacre, a dwelling house situated on a two-acre lot in an area zoned for single-family residential uses only. Although it was not discernible from the outside, Whiteacre had been converted by Owens from a single-family house to a structure that contained three separate apartments, in violation of the zoning ordinance. Further, the conversion was in violation of the building code. Owens and Peters entered into a valid written contract for the purchase and sale of Whiteacre. The contract provided that Owens was to convey to Peters a marketable title. The contract was silent as to zoning. Peters had fully inspected Whiteacre. Prior to the closing, Peters learned that Whiteacre did not conform to the zoning ordinance and refused to close although Owens was ready, willing, and able to perform his contract obligations. Owens brought an appropriate action for specific performance against Peters. In that action, Owens should

2C

Morten was the general manager and chief executive officer of the Woolen Company, a knitting mill. Morten delegated all operational decision making to Crouse, the supervising manager of the mill. The child labor laws in the jurisdiction provide, "It is a violation of the law for one to employ a person under the age of 17 years for full-time labor." Without Morten's knowledge, Crouse hired a number of 15- and 16-year-olds to work at the mill full time. He did not ask their ages and they did not disclose them. Crouse could have discovered their ages easily by asking for identification, but he did not do so because he was not aware of the law and believed that company policy was to hire young people. If the statute is interpreted to create strict liability and Crouse is charged with violating it, Crouse is

1B

Ann's three-year-old daughter, Janet, was killed in an automobile accident. At Ann's direction, Janet's body was taken to a mausoleum for interment. Normally, the mausoleum's vaults are permanently sealed with marble plates secured by "tamper-proof" screws. After Janet's body was placed in the mausoleum, however, only a fiberglass panel secured by caulking compound covered her vault. About a month later, Janet's body was discovered in a cemetery located near the mausoleum. It had apparently been left there by vandals who had taken it from the mausoleum. As a result of this experience, Ann suffered great emotional distress. If Ann sues the mausoleum for the damages arising from her emotional distress, will she prevail?

2C

Wastrel, a notorious spendthrift who was usually broke for that reason, received the following letter from his Uncle Bullion, a wealthy and prudent man: "I understand you're in financial difficulties again. I promise to give you $5,000 on your birthday next month, but you'd better use it wisely or you'll never get another dime from me." Wastrel thereupon signed a contract with a car dealer to purchase a $40,000 automobile and to make a $5,000 down payment on the day after his birthday. If Wastrel sues Bullion for $5,000 after the latter learned of the car-purchase contract and then repudiated his promise, which of the following is Bullion's best defense?

3D

Congress passed a bill prohibiting the President from granting a pardon to any person who had not served at least one-third of the sentence imposed by the court which convicted that person. The President vetoed the bill, claiming that it was unconstitutional. Nevertheless, Congress passed it over his veto by a two-thirds vote of each house. This act of Congress is

2C

Defendant is on trial for the crime of obstructing justice by concealing records subpoenaed May 1, in a government investigation. The government calls Attorney to testify that on May 3, Defendant asked him how to comply with the regulations regarding the transfer of records to a safe-deposit box in Mexico. The testimony of Attorney is

3D

Prad entered Drug Store to make some purchases. As he was searching the aisles for various items, he noticed a display card containing automatic pencils. The display card was on a high shelf behind a cashier's counter. Prad saw a sign on the counter that read, "No Admittance, Employees Only." Seeing no clerks in the vicinity to help him, Prad went behind the counter to get a pencil. A clerk then appeared behind the counter and asked whether she could help him. He said he just wanted a pencil and that he could reach the display card himself. The clerk said nothing further. While reaching for the display card, Prad stepped sideways into an open shaft and fell to the basement, ten feet below. The clerk knew of the presence of the open shaft, but assumed incorrectly that Prad had noticed it. Prad sued Drug Store to recover damages for the injuries he sustained in the fall. The jurisdiction has adopted a rule of pure comparative negligence, and it follows traditional common-law rules governing the duties of a land possessor. Will Prad recover a judgment against Drug Store?

3D

A statute in the jurisdiction defines murder in the first degree as knowingly killing another person after deliberation. Deliberation is defined as "cool reflection for any length of time no matter how brief." Murder in the second degree is defined as "all other murder at common law except felony-murder." Felony-murder is murder in the third degree. Manslaughter is defined by the common law. At 2 a.m., Duncan held up an all-night liquor store using an assault rifle. During the holdup, two police cars with flashing lights drove up in front of the store. In order to create a situation where the police would hesitate to come into the store (and thus give Duncan a chance to escape out the back) Duncan fired several rounds through the front window of the store. Duncan then ran out the back but upon discovering another police car there, surrendered quietly. One of the shots he fired while in the store struck and killed a burglar who was stealing items from a closed store across the street. The most serious degree of criminal homicide Duncan is guilty of is

1B