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Denn is on trial for arson. In its case in chief, the prosecution offers evidence that Denn had secretly obtained duplicate insurance from two companies on the property that burned and that Denn had threatened to kill his ex-wife if she testified for the prosecution. The court should admit evidence of

2C

In the course of a bank holdup, Robber fired a gun at Guard. Guard drew his revolver and returned the fire. One of the bullets fired by Guard ricocheted, striking Plaintiff. If Plaintiff asserts a claim against Guard based upon battery, will Plaintiff prevail?

2C

Mural, a wallpaper hanger, sent Gennybelle, a general contractor, this telegram: Will do all paperhanging on new Doctors' Building, per owner's specs, for $14,000 if you accept within reasonable time after main contract awarded./s/ Mural Three other competing hangers sent Gennybelle similar bids in the respective amounts of $18,000, $19,000, and $20,000. Gennybelle used Mural's $14,000 figure in preparing and submitting her own sealed bid on Doctors' Building. Before the bids were opened, Mural truthfully advised Gennybelle that the former's telegraphic sub-bid had been based on a $4,000 computational error and was therefore revoked. Shortly thereafter, Gennybelle was awarded the Doctors' Building construction contract and subsequently contracted with another paperhanger for a price of $18,000. Gennybelle now sues Mural to recover $4,000. Which of the following, if proved, would most strengthen Gennybelle's prospect of recovery?

1B

Mural, a wallpaper hanger, sent Gennybelle, a general contractor, this telegram: Will do all paperhanging on new Doctors' Building, per owner's specs, for $14,000 if you accept within reasonable time after main contract awarded./s/ Mural Three other competing hangers sent Gennybelle similar bids in the respective amounts of $18,000, $19,000, and $20,000. Gennybelle used Mural's $14,000 figure in preparing and submitting her own sealed bid on Doctors' Building. Before the bids were opened, Mural truthfully advised Gennybelle that the former's telegraphic sub-bid had been based on a $4,000 computational error and was therefore revoked. Shortly thereafter, Gennybelle was awarded the Doctors' Building construction contract and subsequently contracted with another paperhanger for a price of $18,000. Gennybelle now sues Mural to recover $4,000. Which of the following, if proved, would best support Mural's defense?

3D

Roberta Monk, a famous author, had a life insurance policy with Drummond Life Insurance Company. Her son, Peter, was beneficiary. Roberta disappeared from her residence in the city of Metropolis two years ago and has not been seen since. On the day that Roberta disappeared, Sky Airlines Flight 22 left Metropolis for Rio de Janeiro and vanished; the plane's passenger list included a Roberta Rector. Peter is now suing Drummond Life Insurance Company for the proceeds of his mother's policy. At trial, Peter offers to testify that his mother told him that she planned to write her next novel under the pen name of Roberta Rector. Peter's testimony is

0A

Jones and Smith, who were professional rivals, were attending a computer industry dinner where each was to receive an award for achievement in the field of data processing. Smith engaged Jones in conversation and expressed the opinion that if they joined forces, they could do even better. Jones replied that she would not consider Smith as a business partner and when Smith demanded to know why, told him that he, Smith, was incompetent. The exchange was overheard by Brown, who attended the dinner. Smith suffered emotional distress but no pecuniary loss. If Smith asserts a claim against Jones based on defamation, will Smith prevail?

2C

Ozzie owned and occupied Blackacre, which was a tract of land improved with a onefamily house. His friend, Victor, orally offered Ozzie $50,000 for Blackacre, the fair market value, and Ozzie accepted. Because they were friends, they saw no need for attorneys or written contracts and shook hands on the deal. Victor paid Ozzie $5,000 down in cash and agreed to pay the balance of $45,000 at an agreed closing time and place. Before the closing, Victor inherited another home and asked Ozzie to return his $5,000. Ozzie refused, and, at the time set for the closing, Ozzie tendered a good deed to Victor and declared his intention to vacate Blackacre the next day. Ozzie demanded that Victor complete the purchase. Victor refused. The fair market value of Blackacre has remained $50,000. In an appropriate action brought by Ozzie against Victor for specific performance, if Ozzie loses, the most likely reason will be that

0A

The Pinners, a retired couple, had lived in their home in a residential neighborhood for 20 years when the Darleys moved into the house next door and built a swimming pool in the back yard. The four young Darley children frequently played in the pool after school. They often were joined by other neighborhood children. The Pinners were in the habit of reading and listening to classical music in the afternoons. Sometimes they took naps. The boisterous sounds of the children playing in the pool disturbed the Pinners' customary enjoyment of quiet afternoons. In the Pinners' nuisance action for damages against the Darleys, the Pinners should

2C

Which of the following items of evidence is LEAST likely to be admitted without a supporting witness?

2C

For several weeks Mater, a wealthy, unemployed widow, and Nirvana Motors, Inc., negotiated unsuccessfully over the purchase price of a new Mark XX Rolls-Royce sedan, which, as Nirvana knew, Mater wanted her son Dilbert to have as a wedding gift. On April 27, Nirvana sent Mater a signed, dated memo saying, "If we can arrive at the same price within the next week, do we have a deal?" Mater wrote "Yes" and her signature at the bottom of this memo and delivered it back to Nirvana on April 29. On May 1, Mater wrote Nirvana a signed letter offering to buy "one new Mark XX Rolls-Royce sedan, with all available equipment, for $180,000 cash on delivery not later than June 1." By coincidence, Nirvana wrote Mater a signed letter on May 1 offering to sell her "one new Mark XX Rolls-Royce sedan, with all available equipment, for $180,000 cash on delivery not later than June 1." These letters crossed in the mails and were respectively received and read by Mater and Nirvana on May 2. If Mater subsequently asserts and Nirvana denies that the parties had a binding contract on May 3, which of the following most persuasively supports Mater's position?

0A

For several weeks Mater, a wealthy, unemployed widow, and Nirvana Motors, Inc., negotiated unsuccessfully over the purchase price of a new Mark XX Rolls-Royce sedan, which, as Nirvana knew, Mater wanted her son Dilbert to have as a wedding gift. On April 27, Nirvana sent Mater a signed, dated memo saying, "If we can arrive at the same price within the next week, do we have a deal?" Mater wrote "Yes" and her signature at the bottom of this memo and delivered it back to Nirvana on April 29. On May 1, Mater wrote Nirvana a signed letter offering to buy "one new Mark XX Rolls-Royce sedan, with all available equipment, for $180,000 cash on delivery not later than June 1." By coincidence, Nirvana wrote Mater a signed letter on May 1 offering to sell her "one new Mark XX Rolls-Royce sedan, with all available equipment, for $180,000 cash on delivery not later than June 1." These letters crossed in the mails and were respectively received and read by Mater and Nirvana on May 2. For this question only, assume the following facts. On May 4, Mater and Nirvana Motors both signed a single document evidencing a contract for the sale by Nirvana to Mater, "as a wedding gift for Mater's son Dilbert," a new Mark XX Rolls-Royce sedan, under the same terms as previously stated in their correspondence. On May 5, Mater handed Dilbert a carbon copy of this document. In reliance on the prospective gift, Dilbert on May 20 sold his nearly new Cheetah (an expensive sports car) to a dealer at a "bargain" price of $50,000 and immediately informed Mater and Nirvana that he had done so. On May 25, however, Mater and Nirvana Motors by mutual agreement rescinded in a signed writing "any and all agreements heretofore made between the undersigned parties for the sale-and-purchase of a new Mark XX Rolls-Royce sedan." Later that day, Nirvana sold for $190,000 cash to another buyer the only new Mark XX Rolls-Royce that it had in stock or could readily obtain elsewhere. On June 1, Dilbert tendered $180,000 in cash to Nirvana Motors and demanded delivery to him "within a reasonable time" of a new Mark XX RollsRoyce sedan with all available equipment. Nirvana rejected the tender and denied any obligation. If Dilbert sues Nirvana for breach of contract, which of the following will the court probably decide?

1B

Jones, who was driving his car at night, stopped the car and went into a nearby tavern for a drink. He left the car standing at the side of the road, projecting three feet into the traffic lane. The lights were on and his friend, Peters, was asleep in the back seat. Peters awoke, discovered the situation, and went back to sleep. Before Jones returned, his car was hit by an automobile approaching from the rear and driven by Davis. Peters was injured. Peters sued Davis and Jones jointly to recover the damages he suffered resulting from the accident. The jurisdiction has a pure comparative negligence rule and has abolished the defense of assumption of risk. In respect to other issues, the rules of the common law remain in effect. Peters should recover

2C

Under the rule allowing exclusion of relevant evidence because its probative value is substantially outweighed by other considerations, which of the following is NOT to be considered?

2C

On June 1, Buyem, Inc., a widget manufacturer, entered into a written agreement with Mako, Inc., a tool maker, in which Mako agreed to produce and sell to Buyem 12 sets of newly designed dies to be delivered August 1 for the price of $50,000, payable ten days after delivery. Encountering unexpected expenses in the purchase of special alloy steel required for the dies, Mako advised Buyem that production costs would exceed the contract price; and on July 1 Buyem and Mako signed a modification to the June 1 agreement increasing the contract price to $60,000. After timely receipt of 12 sets of dies conforming to the contract specifications, Buyem paid Mako $50,000 but refused to pay more. Which of the following concepts of the Uniform Commercial Code, dealing expressly with the sale of goods, best supports an action by Mako to recover $10,000 for breach of Buyem's July 1 promise?

2C

Twenty years ago, Test, who owned Blackacre, a one-acre tract of land, duly delivered a deed of Blackacre "to School District so long as it is used for school purposes." The deed was promptly and properly recorded. Five years ago, Test died leaving Sonny as his only heir but, by his duly probated will, he left "all my Estate to my friend Fanny." Last month, School District closed its school on Blackacre and for valid consideration duly executed and delivered a quitclaim deed of Blackacre to Owner, who planned to use the land for commercial development. Owner has now brought an appropriate action to quiet title against Sonny, Fanny, and School District. The only applicable statute is a provision in the jurisdiction's probate code which provides that any property interest which is descendible is devisable. In such action, the court should find that title is now in

2C

Which correctly arranges three scientific terms-theory, law, and hypothesis-from least to most accepted or tested?

3D

Which most accurately describes a circle (pie) graph?

3D

Which occurs as a result of Earth's tilt on its rotating axis?

2C

Which human body system attacks viruses and bacteria once they have invaded the body?

3D

Which device converts kinetic energy into electrical energy?

1B

What is a worldwide increase in temperature called?

1B

Which is a true statement regarding the graphing of data?

3D

Which is an example of conduction?

3D

Which is a nonrenewable natural resource that is used to make electrical energy?

0A

Which is true of scientific discoveries?

1B

Which is considered a nonrenewable resource?

0A

Which adaptation will warn predators not to eat an animal?

0A

When performing an experiment for a science fair, what should be done if the data do not support the hypothesis?

0A

Which is a reason for Arkansas having multiple seasons?

0A

What would most likely be measure during an investigation of the water cycle?

3D

What is the smallest structural and functional unit of the nervous system?

2C

An Italian scientist named Alessandro Volta invented the Voltaic pile in 1800. It was able to produce a steady electrical current. Based on this description, what is the modern equivalent of the Voltaic pile?

1B

Which would a scientist use in trying to model the cause of planetary years?

3D

How many chromosomes are in a human sperm cell?

1B

Which question can most likely be determined through a scientific investigation?

2C

Which is a characteristic of a sperm cell but not of an egg cell?

1B

Why would explorers use a compass when traveling to unknown lands?

0A

What is the best measure to use in determining the effect of solar energy on Earth's atmosphere?

0A

A wind turbine primarily uses which type of energy?

3D

Which nongaseous compound can be made from two elements that are gases at room temperature?

0A

Frank needs to move a box by sliding it across the floor. Which two factors will most strongly affect how hard Frank needs to push the box?

2C

In plants, which describes sexual reproduction but not asexual reproduction?

2C

Sodium chloride, commonly called "table salt," is made up of sodium and chlorine that have been combined chemically. Which term best describes sodium chloride?

3D

Which planet has the longest planetary year?

3D

Which would provide evidence of seafloor spreading?

2C

What makes solar energy different from most other energy that people use?

2C

Which best describes two organ systems working together to help maintain homeostasis?

3D

A large cold front is moving past the school on a hot, humid summer day. Which best describes the type of weather as the cold front passes by?

3D

Which is the best evidence that cell division is occurring constantly in our bodies?

3D

Which human organ system exchanges gases with the environment?

2C

A poultry egg is dissected in science class. What is the clear, thick fluid inside the poultry egg that serves as protection for the embryo?

3D

Which substance is a compound?

2C

Which describes the role of sexual reproduction in plants and animals?

1B

One evening as it is getting dark, Alex sits on the front porch and watches the sun slowly disappear behind the neighbor's house across the street. Which explains this observation?

3D

Some of Earth's water is stored underground in porous rock formations known as aquifers. Which of these could use up groundwater in aquifers?

1B

Which statement describes animal embryos?

1B

Which biological process in mammals occurs largely due to cell division?

0A

Currently, Antarctica is the coldest and driest place on Earth. Paleontologists have found dinosaur fossils in rock layers below the ice. Based on this evidence, which is a reasonable conclusion about the climate of Antarctica in the past?

2C

Why should plants be included in investigations about the water cycle?

2C

A teacher puts a cup of coffee into the cup holder of a car. When the car stops suddenly some of the coffee spills out of the cup. Which statement best explains why the coffee spills?

0A

Which process in plants is most similar to sexual reproduction in vertebrates?

2C

Wind turbines are being used to generate electricity in many parts of the United States. One advantage of wind turbines is that no fossil fuels are burned. Which of the following is a disadvantage of wind turbines?

3D

Which method could be used to separate a solution of table salt and water?

3D

A reflex can protect the body from harm. Which organ systems work together to produce a reflex?

1B

In 1783, Europe was unusually cold and foggy. The rain was acidic. Which event most likely caused the unusual climate in Europe that year?

2C

In a desert environment, cactus wrens often build their nests in cholla cacti to avoid predators. This behavior does not hurt the cacti. Which type of relationship do cactus wrens and cholla cacti demonstrate?

1B

Which sentence about the periodic table of elements is true?

2C

Students in Ms. Barrett's science class visited a vehicle crash-test facility. The students observed four different types of vehicles crash against a guard-rail barrier at the end of a 45-meter track as shown in the diagram below. They recorded information about each crash test in the table below. {img:images/States2017/AZ/AZ_Gr8_2008_5.png} What was the velocity (v = d/t) of vehicle 4 when it crashed into the guard rail?

2C

The students were told that the net applied force from the engine was the same for each vehicle tested. Based on this information, which vehicle had the greatest acceleration (a = F/m)?

0A

Some businesses offer customers the option to pay for merchandise using their fingerprints as identification. Which of the following would most benefit customers that use this new technology?

1B

Which of these best defines the term "pollutant"?

1B

Which statement is the best description of what happens in the rock cycle?

2C

Over a long period of time, some flowering plants have become dependent on honey bees to fertilize their seeds. In recent years, a form of mite has infected and killed the honey bees in many areas of the country. Since this has happened, the once bee-dependent plants with the best chance of surviving are those that

2C

Denise was driving east over a hill in the afternoon, shortly after a rain shower. Suddenly the sun broke through the clouds, and she saw a rainbow ahead of her. Which of the following made the rainbow possible?

0A

Which of these best defines communicable diseases?

2C

As a heavy metal ball rolls down a hill, it goes faster and faster. Which statement is true?

0A

In an accurate diagram of the solar system, which object would be shown closest to Earth?

0A

In a large forest with many animals, there are only a small number of bears. Which of these most likely limits the population of bears in the forest?

0A

Louis Pasteur discovered that the bacteria in a substance can be killed by heating the substance for a short period of time. Which of these practices benefited most from Pasteur's discovery?

0A

Which example describes a behavioral adaptation?

0A

A forest is flooded when a natural dam breaks, leaving the forest floor under two meters of water. Which animal is most affected by the flooding?

1B

Researchers recently discovered a gene in humans that previously was unknown to science. Which statement best explains why the gene probably was not discovered much sooner?

1B

What is a difference between mitosis and meiosis?

1B

Which resource is most likely found in large amounts in forest ecosystems?

1B

A scientist plans to investigate the nervous system of sea slugs. What should the scientist do first?

3D

What do scientists mean when they refer to a population?

3D

This in turn causes the average temperature on Earth to rise. Which of the following observations supports that theory?

2C

If the number of trees significantly decreases, the atmosphere's level of which gas might significantly increase?

1B

Frame construction predominates in the New England area due to the abundance of

2C

A manufacturing industry has asked to relocate its plant to your town. From an environmental perspective, which question is least important to ask before deciding whether the industry may move to your town?

3D

In pea plants, tall is dominant over short. What size pea plants would result when two short plants are crossed?

0A

Which statement best describes the relationship between the total amount of water vapor the atmosphere can hold and the temperature of the atmosphere?

1B

Which statement about photosynthesis and respiration is true?

0A

Which statement about the Sun is true?

2C

Many common hand tools create a mechanical advantage by using the basic principles found in simple machines. For example, a screwdriver uses the principles of the wheel and axle. In order to increase gripping force, pliers use the principle demonstrated in the

1B

Lemon juice turns litmus paper red, is corrosive and tastes sour. Lemon juice is classified as

0A

The first step in the construction of a building typically involves

0A

While studying the relationship between number of trees and amount of atmospheric oxygen, which of the following would be most important to take into account?

0A

Which technological advancement has done the most to improve the accuracy of weather predictions?

3D

The ratio of an object's mass to its volume is its

2C