imone/ARB huggingface dataset:
Question: Julio, a vintner, ordered two large stainless steel tanks from Metalworks, Inc. for use in his wine making business. A month after they were installed, the building in which they were housed burned to the ground. Julio brought suit against Metalworks, Inc., alleging that overheating of the tanks caused the fire. Metalworks's defense is that the fire was caused by Julio's failure to install modern electrical wiring in the rather old building. At trial, Julio seeks to establish that the tanks overheated by testifying that, two weeks after the tanks were installed, a Metalworks, Inc. employee came to inspect the installation, and Julio said to him, "You know, sometimes these tanks get awful hot." Should Julio be permitted to so testify?

Options:
A. No, unless there has been no other evidence about overheating of the tanks presented by Julio.
B. No, because Julio's testimony is inadmissible hearsay.
C. Yes, because Julio's testimony is evidence of a fact in issue.
D. Yes, because Julio's testimony is evidence of a verbal act. 
Answer: B
Question: At a products liability trial, one of the most critical issues is whether the temperature was below freezing on January 16. Akiro does drafting work at an architectural and civil engineering firm, but Akiro is also an avid amateur meteorologist. The backyard of Akiro's home is rigged with many weather detection instruments that track wind, temperature, humidity, barometric pressure, and precipitation. One of Akiro's instruments records temperature by markings from a stylus on a round barograph. Akiro's record of the day in question indicates that it was unseasonably warm and that the temperature never fell lower than 48 degrees Fahrenheit, 16 degrees above the freezing mark. The plaintiff offers into evidence Akiro's barograph record of the temperature on January 16. The barograph record is:

Options:
A. Admissible, as past recollection recorded.
B. Admissible, as a record of regularly con- ducted activity.
C. Inadmissible, unless foundation testimony is given as to the accuracy and good working order of Akiro's instrument on the day in question.
D. Inadmissible, because it is hearsay not within any recognized exception to the hearsay rule. 
Answer: C
Question: Don's car struck Phaedra, a pedestrian, at a busy intersection. Bob was a bystander at the scene of the accident. As soon as Phaedra was hit Bob blurted out, "My God, she was crossing on the green light!" Wilma was standing next to Bob at the time. She did not see the accident because she was facing the other direction, but she clearly heard Bob's exclamation. That night Bob was talking to his friend Walter. He told Walter, "You know that accident I saw this afternoon? The driver didn't run a red light. The light was yellow." Phaedra sued Don for her injuries. By the time the case came to trial, Bob had died of a heart attack. Phaedra called Wilma to the stand to testify as to Bob's statement that Phaedra was crossing on a green light. Although Don objected, Wilma's testimony was admitted as an excited utterance. Don now wishes to call Walter to the stand to testify as to Bob's statement that Don did not run a red light. Phaedra objects. Should Walter's testimony be admitted?

Options:
A. Yes, but only to challenge the credibility of Bob's earlier inconsistent statement.
B. Yes, both for impeachment purposes and as substantive evidence.
C. No, because Bob is not available to explain or deny the statement.
D. No, because it is hearsay, not within any recognized exception to the hearsay rule.
Answer: A
Question: Prole was the chief operating officer of the Squidco Division of Octopus Corp., a privately held manufacturing and marketing firm. The Squidco plant was the major employer in Middletown, and Prole was a respected figure with a good reputation in the community. He served on the boards of several Middletown charities and was otherwise active in civic activities. Prole was suddenly fired by Dante, the executive vice president of Octopus Corp., prompting rumors about the financial health of Squidco. A reporter from the Middletown Herald interviewed Dante, and asked Dante why Prole had been dismissed. Dante said: "Prole was fired because Prole was a bad manager and Squidco Division lost money because of Prole's stewardship." Dante's statement was printed in the Middletown Herald, and was picked up by business-oriented publications. If Prole sues the Middletown Herald for defamation, which of the following statements with regard to damages is correct?

Options:
A. To prevail, Prole must plead and prove pecuniary damages, such as an inability to find a position with another company.
B. To prevail, Prole must show evidence of actual injury, such as mental distress.
C. Damages are presumed because the written repetition of a slander is characterized as libel.
D. Damages are presumed if Prole is not deemed to be a public figure.
Answer: B
Question: Daisy is on trial for fraud. One item of critical evidence in this trial is a check for $ 10,000$ that purportedly was signed by her. Daisy has denied that she signed the check in question. The prosecutor calls Julius, the landlord of the apartment building in which Daisy resided for three months before her arrest. Julius intends to testify that it is Daisy's signature on the check, and he bases his opinion of the authenticity of her signature on the ground that he saw her sign the lease to his apartment. The trial court should find this testimony:

Options:
A. Admissible, because there was only a short period of time between when Julius saw her sign the lease and the time of trial.
B. Admissible, because any lay person can testify to the authenticity of another's signature, if that witness has previously seen that person's signature.
C. Inadmissible, because Julius has only seen the signature once and is not acting as a handwriting expert.
D. Inadmissible, because the testimony is inherently unreliable.
Answer: B
Question: Powell owned a parcel of land in the mountains near Redwoods National Forest that had been improved by the construction of a permanent campground, consisting of wooden floors and frames for tents, a wooden mess hall with kitchen, and wooden outhouses. Each year he allowed the Boy Scouts to use the parcel, Camp Whachacallit, for their annual summer camp. The rest of the year Powell and his family and friends used the parcel for camping and other recreation. Powell's will devised the parcel as follows: "Camp Whachacallit to my nephew Ronald, his heirs and assigns, so long as it is used for camping and recreational purposes, otherwise to the National Council of the Boy Scouts of America." Powell died in 1996. The residuary clause of his will left all his property not devised in the remainder of the will to his daughter Erma, who was also his sole heir. Erma died intestate in 2002 , her only heir being her son Harold. The jurisdiction's decisional law follows the common law Rule Against Perpetuities, and a statute provides that future estates and interests are alienable, and may be devised or inherited, all in the same manner as possessory estates or interests. In 2003 , which of the following best describes the interests of Harold and the National Council of the Boy Scouts of America in Camp Whachacallit?

Options:
A. Harold has a possibility of reverter and the Boy Scouts' Council has an executory interest.
B. Harold has an executory interest and the Boy Scouts' Council has nothing.
C. Harold has a possibility of reverter and the Boys Scouts' Council has a contingent remainder.
D. Harold has a possibility of reverter and the Boy Scouts' Council has nothing.
Answer: D
Question: All the land and buildings comprising Miller's Mall, a small shopping center, were owned by Miller, who leased out various stores in the mall. Dwight obtained a two-year lease from Miller on one of the stores. Dwight then opened a gift and greeting card shop which he named "Happy Times Cards and Gifts." Dwight's business was quite successful, and he was making good profits from the store's operation when he underwent a religious conversion and decided that the true meaning of life was not to be found in the quest for material success. Dwight spoke with his friend, Ariel, who was anxious to go into business for herself. Ariel wished to buy Dwight's business and inventory, and Dwight wished to assign his lease on the store in Miller's Mall to Ariel. The lease still had 14 months left to run. Dwight told Miller that he wanted to assign his lease to Ariel, who would run the same kind of business. Miller took out his copy of the lease and pointed out a clause requiring consent to any assignment and providing that any attempted assignment without consent is grounds for terminating the lease. Miller refused to consent to the assignment. Dwight assigned the lease to Ariel anyway; then he went off to meditate under the direction of a famed guru who operated an ashram high in the Himalayas. Ariel operated the card store in the same manner as Dwight, the only difference being a change of the store's name to "Happier Days Cards and Gifts." Has Miller any recourse against Dwight or Ariel?

Options:
A. Yes, he may evict Ariel and collect damages from Dwight because nonassignment clauses are valid and enforceable.
B. No, the nonassignment clause is invalid in this case because Miller has a duty to mitigate damages.
C. No, because Ariel is operating the same type of business as Dwight, and Miller has suffered no damages resulting from the assignment.
D. No, because nonassignment clauses are invalid restraints upon alienation. 
Answer: A
Question: Dietz had recently been released from a mental institution, and was living in a halfway house in Kirbyville. Dietz had a long history of mental illness and had been in and out of institutions since he was an adolescent. Although Dietz would improve for a while, he was subject to recurrent hallucinations and delusions involving a belief that people, animals, and alien beings from another planet were about to attack him. Pansy was peacefully walking along a quiet residential street in Kirbyville. It happened to be the same street as that along which Dietz was walking. Pansy noticed that a person was walking up the street on the sidewalk towards her, but she did not know Dietz. When Dietz saw Pansy approaching him, he pulled a softdrink bottle from his shopping bag and hurled it at Pansy, striking her in the head and causing her injury. Afterwards Pansy filed a civil battery action against Dietz. Which of the following, if true, provides the best defense for Dietz?

Options:
A. Dietz had no desire to harm Pansy.
B. Because of his mental illness, Dietz did not understand that his act was wrongful.
C. Dietz did not know he was striking a person.
D. Dietz thought Pansy was about to attack him.
Answer: C
Question: Ten years ago Gasmask Chemicals, a leading chemical manufacturer, decided that it needed a safe place to store byproduct waste from its manufacturing processes. Many of these byproducts were highly toxic; thus, Gasmask took great care in selecting a dump site. A highly reputable engineering company was hired and an exhaustive survey was performed. Finally the Temblor Canyon site was selected and the chemicals were stored there underground, using state-of-the-art techniques. Although the survey and attendant geological soundings were performed with consummate skill, the surveyors failed to discover a crack in the rock of the storage area that was too small for their instruments to detect. Over a period of years the chemicals began to seep through the crack and into the water table below the surface. Scientists in nearby Canyon City discovered that the city's water supply, all of which came from local wells that tapped into the water table, contained unacceptably high levels of chemical contaminants. Canyon City was required to spend $ 5$ million on a complex filtration system to remove the dangerous chemicals from its water. Canyon City brought an action against Gasmask to recover the cost of building the filtration system. At the end of plaintiff's case establishing the above facts, Gasmask moved for a directed verdict. Should the court grant Gasmask's motion?

Options:
A. Yes, because Canyon City has not presented any evidence that Gasmask breached a duty owed to the city.
B. Yes, if the evidence also established that Canyon City's water wells were drilled after Gasmask stored the chemicals.
C. No, if the court determines as a matter of law that the chemicals could not be stored without risk of serious harm no matter how much care Gasmask took.
D. No, because the trier of fact could determine that the chemicals could not be stored without risk of serious harm no matter how much care Gasmask took. 
Answer: C
Question: Popeye owned a large fleet of buses. He was fortunate enough to have won the contract to bus all the schoolchildren in a large midwestern city and most of its surrounding suburbs. He purchased a number of new vehicles to expand his fleet. Popeye had farmed out the maintenance of the buses to a number of different repair shops, but he now desired the consistent results obtainable from dealing with one repair and maintenance operation. He therefore contracted in writing with Bluto that all general maintenance and extraordinary repairs required for Popeye's buses would be performed by Bluto, who owned and operated "Bluto's Bus and Truck Center." A schedule of fees for most standard repairs was included in the contract. It happened that Popeye's wife, Olive, owned and operated a small advertising agency. Popeye wanted Olive's business to succeed, and so he included a clause in his agreement with Bluto that Bluto would place all his ads for his repair shop through Olive's agency during the oneyear term of the agreement. Assume for purposes of this question only that Popeye dutifully sent all his buses to Bluto for repair and maintenance. However, six months into the agreement, Popeye divorced Olive. Although Bluto had been placing all his ads through Olive, Popeye told Bluto, "You don't have to place ads with Olive anymore." Bluto promptly began placing ads through another agency. Olive then learned of the agreement between Popeye and Bluto. Popeye continued to send all his buses to Bluto. Can Olive enforce the agreement in her favor?

Options:
A. Yes, because she was an intended beneficiary of the agreement between Popeye and Bluto.
B. Yes, because Olive had an enforceable contract with Bluto concerning the advertising.
C. No, because Popeye and Bluto had a right to modify their agreement without Olive's permission.
D. No, because Olive was a gratuitous beneficiary whose rights depended on her status as Popeye's wife.
Answer: B
Question: When she died, Clara left a valid holographic will that contained the following provision: I want my only child, Truman, to have my house when I die and to live there as long as he wants. After that, I want it to go to my grandchildren. At the time of Clara's death, Truman was married to Dina, and they had a married son, Sam. Both Truman and Dina moved into the house, but about six months later, they separated and Dina moved out. The following year, Truman and Sam were involved in an airplane crash in which Truman was immediately killed. Several weeks later, Sam died, leaving his young widow, Tanya. Dina brings a suit against Tanya claiming an interest in the house as Truman's widow. There is no statute in this jurisdiction that governs the issue of the right of an estranged spouse to inherit property from a decedent spouse, but if Truman is found to own property at the time of his death, it is possible that Dina could inherit one-half as his surviving spouse. In this suit, Dina should most likely:

Options:
A. Prevail, because Clara's will gave Truman a fee simple interest in the property.
B. Prevail, because the devise to Clara's grandchildren in her will is invalid as it violates the Rule Against Perpetuities.
C. Not prevail, because Sam had a vested remainder interest subject to open, which became indefeasibly vested. 
Answer: C
Question: Seth owned Slateacre, a rental property in Rock City that generated steady income. After Seth's second child was born, Seth properly executed a will containing the following disposition of Slateacre: "To Truman in trust to pay the educational expenses of my children, but if any of them do not graduate from Rockville University by the age of 30 , then for the benefit of Rockville University's scholarship fund for residents of Rock City." When Seth died, he had three children, all preschoolers. The jurisdiction in which the parties and property are located retains the common law Rule Against Perpetuities. Is the gift in trust to Rockville University valid?

Options:
A. Yes, because the gift is a valid charitable trust.
B. Yes, because the doctrine of cy pres is applicable.
C. No, because the gift is not for a valid charitable purpose.
D. No, because the gift violates the Rule Against Perpetuities.
Answer: A
Question: A standard commercial unit for widgets is one gross, i.e., 144 widgets. Buyer ordered from Seller 50 gross of widgets at $ 100$ per gross, with the widgets to be delivered on or before October 3. On September 15, 50 boxes arrived from Seller. Each box was labeled, "Widgetsone gross." On finding that one of the boxes contains 143 widgets, Buyer considered whether to: I. Seek cover. II. Immediately sue for breach. III. Reject the entire shipment of widgets. Which of the above can Buyer do?

Options:
A. I. and III. only.
B. I. and II. only.
C. III. only.
D. I., II., and III.
Answer: C
Question: Congress enacted a statute, over the President's veto, that granted Congress the power to compel the President to remove United States troops from foreign territory when such troops have for 60 days been engaged in hostilities and there has been no formal declaration of war. The statute also provided that Congress may force the President to withdraw the troops before the 60 days have elapsed if Congress passes a joint resolution to that effect. Which of the following statements best describes the likely result of judicial review of the constitutional validity of this statute?

Options:
A. The statute is a valid exercise of Congress's authority under the war power.
B. The statute is constitutionally suspect as an infringement on the President's exclusive power, as commander in chief, over matters relating to war.
C. The statute is a valid exercise of Congress's foreign relations powers.
D. The statute is constitutionally suspect, because the joint resolution is not subject to a presidential veto.
Answer: D
Question: Harry and Wilma were going through a divorce proceeding and were contesting the value of their house. Harry, a real estate agent familiar with property values in the area, had personally prepared an appraisal shortly before commencement of the divorce proceedings. The appraisal document stated that the house was worth $ 200,000$. Nora, a next-door neighbor of Harry and Wilma's, had seen this appraisal document. During settlement negotiations, Harry maintained that the house was worth $ 180,000$. When negotiations proved to be fruitless, the parties proceeded to trial. At trial, Wilma called Nora to testify as to the value placed on the house in the appraisal document. Nora's only knowledge as to the house's value comes from having read the document. Harry's attorney objects. May Nora testify as to the value stated in the appraisal document?

Options:
A. Yes, because she has personal knowledge of the contents of the document.
B. Yes, if Harry has destroyed the document.
C. No, because the appraisal document is the best, and thus the only admissible, evidence.
D. No, because Nora's testimony would be inadmissible hearsay.
Answer: B
Question: Denise, a 12-year-old girl, entered a grocery store. When she believed that no one was looking, she grabbed two packages of "Blinkies," a popular confectionery item, and concealed them under her coat. As she attempted to leave the store, Gordon, a security guard employed by the store, grabbed Denise by the arm. He told her, "You're too young to be a thief!"' Denise began crying and blurted out, "I lost my lunch money on the way to school and I was really hungry!" If Denise is charged with shoplifting, what is the State's best argument that Denise's Miranda rights have not been violated by Gordon?

Options:
A. Gordon's statement was not interrogatory.
B. It is discretionary whether to give juveniles Miranda warnings.
C. Denise has not yet been arrested and formally charged with any crime.
D. Gordon was not a government agent.
Answer: D
Question: Simpson and two others were indicted on felony charges for electronic theft of bank accounts. Simpson protested that he was innocent and wanted to prove it at trial, but agreed to discuss a plea bargain with the district attorney. The district attorney indicated that he would also charge Simpson with additional theft by computer offenses if Simpson insisted on going to trial, but that if he pleaded guilty to the one charge and agreed to testify against his codefendants at their trial, the prosecution would recommend probation only. Because of the risk of jail time if he was convicted of any of the additional offenses, Simpson agreed. When Simpson appeared in court, the judge informed him of the nature of the charge and the potential punishment, and that Simpson was waiving his right to trial by pleading guilty. She asked if his plea was voluntary and he replied that it was the best deal that he could get, but that he was really innocent of the crime charged. The judge nevertheless accepted the plea, reserving sentencing until Simpson testified against his co-defendants. Just before trial of Simpson's co-defendants, they pleaded guilty and provided additional information of Simpson's central role in the crime and in additional computer theft offenses. At Simpson's sentencing, the prosecution introduced the testimony of Simpson's codefendants and asked the judge to impose a jail term. The judge sentenced Simpson to five years in prison for the crime to which he pleaded guilty. Simpson appeals his sentence, raising the following arguments: I. The prosecution threatened to bring additional charges when Simpson indicated that he was going to exercise his right to go to trial. II. The judge accepted Simpson's guilty plea despite his claim of innocence. III. The prosecution did not adhere to the plea bargain after Simpson's co-defendants pleaded guilty. Which of the above arguments provide a valid basis for vacating Simpson's guilty plea and sentence?

Options:
A. I. and III.
B. I., II., and III.
C. II. and III.
D. III. only. 
Answer: D
Question: Dunbad was on trial for the murder of his wife Victa. During the course of the trial, the prosecution sought to introduce evidence that, six months before Victa's death, Dunbad had purchased a large insurance policy on her life, and two weeks prior to her death he purchased two more large policies on Victa's life from separate insurance carriers. If the defense objects to admission of such evidence, the objection should be:

Options:
A. Sustained, because such evidence would be more prejudicial than probative.
B. Sustained, because evidence of insurance is inadmissible as a matter of public policy.
C. Overruled, because the evidence tends to establish motive.
D. Overruled, because the evidence tends to establish criminal propensity.
Answer: C