imone/ARB huggingface dataset:
Question: Shelley lived in a house on a large corner lot. A few hundred feet down the street was a convenience store used by many people in the neighborhood, and everyone would take a short cut across Shelley's front yard rather than staying on the sidewalk that bordered her lawn. The heavy foot traffic was starting to wear a path through her lawn, and everyone left soft drink cans and candy wrappers strewn all over her front yard. Shelley therefore decided to build a fence around her front lawn, and hired Jack, a local contractor, to do the work. The next afternoon, Jack started the job by surveying the property and digging post holes. After he had completed that task, he left to do another small job in that area, leaving behind a wheelbarrow with a shovel leaning against it. When Shelley noticed that Jack had left the wheelbarrow and shovel in her front yard, she called his office and spoke to his wife. Jack's wife said that he was on another job in the area and must have intended to pick up the wheelbarrow and shovel on his way back. Shelley said that was fine, and left to go to her weekly bridge club meeting. Later that evening, Jack, who had finished the other job, returned to his office without stopping at Shelley's house. Eric, who owned a house down the street from Shelley, was walking to the convenience store to pick up a six-pack of beer. Because it was summer, it was still quite light, although it was 7 p.m. When he came to Shelley's house he took his usual short cut. A police car with siren wailing went by on the main street just as Eric was walking by the wheelbarrow, and as he followed the police car with his eyes, he tripped over the shovel leaning against the wheelbarrow and fell, breaking his arm. Is Shelley liable to Eric for his broken arm and related damages?

Options:
A. No, because she did not create the condition that harmed him.
B. No, because the danger to which he was exposed was open and obvious.
C. Yes, because she was aware of the condition that harmed him.
D. Yes, because she knew that he frequently cut across her lawn on the way to the convenience store.
Answer: B
Question: The citizens of Tidytown prided themselves on the neatness and beauty of the town of 30,000 people. This was reflected in the tough anti-litter ordinances that had been passed by the city council. Littering offenses carried fines of up to $ 500$ and were always very strictly enforced. Center Park was located near the downtown business area of Tidytown. Signs at each of the park entrances, and on the many trash barrels situated throughout the park, carried conspicuous warnings against littering. On October 15, a group of students from nearby colleges chose Center Park in Tidytown as the site for their demonstration against the proliferation of weapons in space. Approximately 125 students gathered in the park with placards and banners, and several speakers addressed the group. One of the speakers, Demagoga, during the course of her speech, walked to one of the trash barrels and dumped the contents out on the ground. As she did so, she told her listeners, "This is what outer space is starting to look like, cluttered with the trash of nuclear weapons." The meeting broke up 15 minutes later. The students left the park peacefully, but no one bothered to pick up the trash or right the overturned barrel. Demagoga was arrested pursuant to the Tidytown littering ordinance. She was fined $ 500$ after her conviction. If Demagoga seeks to have her conviction set aside on constitutional grounds, she is likely to:

Options:
A. Lose, because the anti-littering ordinance furthers an important governmental interest and is not aimed at communication.
B. Lose, because Demagoga was convicted for her conduct rather than for what she said.
C. Win, because Demagoga's conduct constituted symbolic speech.
D. Win, unless the town can prove a compelling interest in its anti-litter laws.
Answer: A
Question: Ellen owns a high-style ladies' fashion store in Beverly Hills. Calvin is the designer and manufacturer of a world-famous line of original gowns. On April 1, Ellen and Calvin signed a written agreement wherein Ellen was appointed the "sole and exclusive" retail distributor for Calvin's clothes in Beverly Hills. The contract provided that Calvin was to have the absolute right to cease doing business with Ellen "at any time and for any reasons Calvin chooses." On May 1, Ellen handed Calvin a written order for $ 50,000$ worth of his original gowns, to be delivered to Ellen on September 1. Calvin did not sign an acknowledgment of Ellen's order, but in her presence he set aside the originals designated in her order by putting her name on them. To publicize her new line of merchandise, Ellen conducted a large advertising campaign announcing to the Beverly Hills public that she would have a wide selection of Calvin's originals on display on September 1. She also made substantial improvements to the store to display these clothes in lush and expensive settings. On August 15 , Calvin wired Ellen, "Sorry, darling, I have to invoke my right to terminate our arrangement. Your competitor in Beverly Hills, Shannon, has made an offer for the clothes you ordered that I simply couldn't pass up. I know you'll understand. Best wishes, Calvin." Upon receipt of the message, Ellen filed suit against Calvin. Calvin defends on the ground that his April 1 agreement with Ellen is unenforceable for lack of consideration because Ellen did not obligate herself under the contract in any way. How should the court rule on that issue?

Options:
A. Any want of consideration at the formation stage was cured by Ellen's actual tender of a large order.
B. The April agreement was, in effect, a "firm offer" between merchants and hence binding on both parties even though there was no consideration.
C. There was sufficient consideration in Ellen's implied promise to exercise her best efforts to promote the sale of Calvin's gowns.
D. Calvin set aside the gowns in Ellen's presence, and thereby apparently expressed his willingness to ship as per her order. 
Answer: C
Question: Dorothy's very best friend was Melissa, and Dorothy shared all of her secrets with her. Dorothy and her husband, Hank, often brought Melissa, a divorcee, along on vacations and dining engagements. One day, however, after being tipped off by a mutual friend, Dorothy went through Hank's drawer and discovered steamy love letters to him from Melissa. The tone of the letters made it obvious that Hank and Melissa had been having an affair for at least three years. Dorothy became furious, but kept repeating to herself, "Don't get mad, get even!" She purchased a handgun and waited for the right moment to use it. The moment occurred at a large outdoor barbecue celebrating Melissa's birthday. At the barbecue, Dorothy gave the gun to Melissa's 10-year-old nephew, Sammy. She told Sammy, "Why don't you go up and point this gun at your Auntie Melissa. When you pull the trigger a sign will come out saying, 'BANG! and Happy Birthday,' just like in the circus." Sammy took the gun, pointed it at Melissa, and pulled the trigger. However, Sammy's aim was faulty, and when the gun discharged the bullet struck Hank, killing him. The police quickly linked Dorothy to the crime. Which of the following best describes the crime or crimes of which Dorothy can be properly convicted?

Options:
A. Murder of Hank and attempted murder of Melissa.
B. Murder of Hank, but not attempted murder of Melissa.
C. Attempted murder of Melissa, but not murder of Hank.
D. Attempted murder of Melissa or murder of Hank, but not both.
Answer: A
Question: Chaven was arrested in the city of Briggs, which is located in the state of Riverfront. He was charged with possession of illegal narcotics and placed on trial in the municipal court of Briggs. Chaven demanded a jury trial, which was duly granted. After the jury had been sworn, selected, and impaneled, Chaven's attorney, Fenway, filed a motion with the presiding judge praying for a dismissal based on a technical error in the bill of information drawn up by the city prosecutor. No witnesses had yet been sworn at the time Fenway filed the motion. The judge ordered an immediate recess while he considered the motion. Two days later he ruled in favor of defendant Chaven and dismissed the charges against him. A week later a state grand jury indicted Chaven for possession of illegal narcotics with intention to distribute same. The charges arose out of the same incident and arrest described above. Chaven was ordered to appear in the superior court of the state of Riverfront to answer the charges. Fenway immediately filed a motion on Chaven's behalf asserting that it would be unconstitutional to retry Chaven in the state court. The best argument against granting the motion is which of the following?

Options:
A. The city of Briggs and the state of Riverfront are separate sovereigns.
B. The state charge requires the proving of a fact not required by the municipal charge.
C. Chaven's trial in municipal court had not yet reached the stage where jeopardy attaches.
D. The dismissal of the case in municipal court was based on a technicality that did not go to the merits of the case.
Answer: D
Question: Darryl is being sued under a federal statute that allows an action for damages by victims of domestic violence committed on military bases or other federal land. The lawsuit stems from the alleged longtime physical abuse of Violet, who is the eight-year-old daughter of Darryl's live-in girlfriend. At trial in federal court, the plaintiff, Violet's legal guardian, calls Phil to the stand. Phil is a physician who treated Violet for her injuries. The plaintiff seeks to have Phil testify that, during his treatment of Violet, he told her that in order to treat her injuries properly, he needed to know how she received her injuries and the length of time that her condition had existed. Phil will testify that Violet told him that Darryl had beaten her, and that the beatings had taken place fairly regularly for several months. The testimony of Phil is: 

Options:
A. Admissible only if Violet or her legal guardian has waived the physician-patient privilege.
B. Admissible as a statement made to a doctor to treat a physical condition.
C. Inadmissible, because the statement of Violet is not limited to a description of symptoms, but also includes a statement that Darryl caused her injuries.
D. Inadmissible, unless Violet is too young to testify or is otherwise unavailable.
Answer: B
Question: Oralee owned Blackacre for many years. After she reached retirement age, Oralee sold the property to Amber, who financed the purchase with a note secured by a 20 -year mortgage with Maritime Bank. Amber promptly recorded her deed, and for 20 years Amber promptly made every payment to the bank. During that period of time, Amber financed the purchase of three automobiles with loans from Maritime Bank, and her record of payment was exemplary. Five years after Amber had paid off the mortgage, she revisited the mortgage loan department of Maritime Bank. She told the loan officer that she wanted to borrow $ 30,000$ to help pay for the medical school education of a favorite niece, securing the loan with a mortgage on Blackacre. After confirming Amber's continuing employment status, the bank officer quickly approved the loan based upon Amber's excellent record with the bank. On June 3, Amber executed the note and the mortgage, and the bank gave Amber a certified check for $ 30,000$, which she immediately deposited in her account at National Bank. On June 4, Amber sold Blackacre to Brittany for $ 150,000$. Brittany, a wealthy actress and film director, paid Amber in cash. Brittany knew nothing about the mortgage. On June 5, Brittany recorded her deed to Blackacre. Two hours after Brittany recorded, Amber closed out her account at National Bank, which included the $ 30,000$ from the mortgage. Amber, an only child who had never married, had no "favorite niece." By nightfall, Amber was on a flight to Tahiti with the proceeds of the aforementioned transactions, plus $ 2$ million that she had secretly embezzled from her employer. Brittany did have a favorite niece, an aspiring actress named Christie. On the evening of June 8 , which was a Saturday, Brittany presented Christie with a deed to Blackacre as a gift. At 10 a.m. on June 10, Maritime Bank recorded its mortgage. At 2 p.m. on June 10, Christie recorded her deed. After Amber missed her first mortgage payment on July 1, Maritime Bank employees were sent scurrying to the title office. They discovered the deeds to Brittany and Christie, and the facts surrounding Amber's hasty departure soon surfaced. Maritime Bank demanded that Christie satisfy the $ 30,000$ mortgage. Brittany provided Christie with an attorney, who filed an appropriate suit to determine the various interests in Blackacre. The recording statute in the jurisdiction reads, in relevant part: A conveyance of an estate in land shall not be valid against any subsequent purchaser for value, without notice thereof, unless the conveyance is recorded. The court should rule that:

Options:
A. Christie owns Blackacre subject to Maritime Bank's mortgage, because Christie is a donee.
B. Christie owns Blackacre subject to Maritime Bank's mortgage, because Maritime Bank recorded before Christie.
C. Christie owns Blackacre free of Maritime Bank's mortgage, because Brittany was a bona fide purchaser for value without notice.
D. Christie owns Blackacre free of Maritime Bank's mortgage, because the bank does not qualify as a bona fide purchaser for value. 
Answer: C
Question: Carol owed June $ 90,000$, which was due on January 1. On January 15, Carol offered to pay June $ 80,000$ if June would agree to accept the amount in full satisfaction of the $ 90,000$ debt. June agreed and Carol paid $ 80,000$ to June. If June then sues Carol for $ 10,000$, June will: 

Options:
A. Win, because Carol had an obligation to pay $ 90,000$ on January 1.
B. Lose, because of June's agreement to accept $ 80,000$.
C. Lose, because there was an accord and satisfaction.
D. Lose, because June agreed to the $ 80,000$ after the January 1 due date.
Answer: A
Question: State Blue has a statute making it a crime to operate a motor vehicle while intoxicated. State Blue has another statute providing that a blood alcohol level of 10 raises a presumption of intoxication. State Blue police spotted Billy Bob's pickup weaving from lane to lane on the highway and they stopped the truck. Billy Bob took a breathalyzer test that indicated a $.12$ blood alcohol level, and so Billy Bob was charged with operating a motor vehicle while intoxicated. At trial, at the close of all the evidence, and over Billy Bob's objection, the judge instructed the jury: "If you are convinced that, at the time Billy Bob was pulled over, his blood alcohol level was 10 or greater, you must presume that he was intoxicated." Billy Bob was convicted, and he is appealing on the ground that the judge's instruction was improper. The appellate court should:

Options:
A. Affirm, because the judge may instruct the jury on the law, and he merely cited the state statute. 
B. Reverse and remand, because the jury should have been left to draw its own conclusion without the judge's instruction.
C. Reverse and remand, because the presumption might lead the jury to believe that the prosecution did not have to meet its burden of proving Billy Bob guilty beyond a reasonable doubt.
D. Reverse and remand, because the instruction was substantially more prejudicial than probative.
Answer: C
Question: In which of the following situations is the named defendant most likely to suffer a criminal conviction that would be upheld on appeal?

Options:
A. Byron, who admits to an undercover operative that he regularly snorted Jack Daniels whiskey until last Christmas, is prosecuted under a law effective January 1 of this year that makes it a felony for anyone to snort any alcoholic beverage.
B. Chadwick, when asked by an off-duty police officer to sell two Super Bowl tickets for five times their face value, loudly proclaims, "I couldn't do that, stranger, because scalping is a felony in this state!" Chadwick, who is unaware that the buyer is a police officer, then whispers to the buyer, "But if you make it six times face value, you've got a deal, buddy." Also unknown to Chadwick, effective the previous week, it is no longer a criminal offense in that state to scalp tickets to sports events. Chadwick is prosecuted for attempted scalping.
C. State law makes it a misdemeanor to place water in a container that has held chlorine bleach. Duncan, whose car has overheated in the desert, walks several miles to a deserted gas station that has running water and fills an old chlorine bleach container with water to carry back to his car. On the way back, he is picked up by the highway patrol who notice the bleach container and ask what is inside. When Duncan answers, "Water," he is arrested for violation of the misdemeanor statute.
D. Ed, sitting at a bar whose bartender is an undercover police officer, says to the officer, "God, I'd like to kill my wife. If there was any way I thought I could do it and not get caught, I'd blow her away in a second." Ed is prosecuted for violating a statute that proscribes intent to murder.
Answer: C
Question: The Classical School is a private school located in the state of Romanova. Under an aidto-education statute passed by the state legislature a few years ago, The Classical School and certain other private schools receive state benefits. Among those received by The Classical School are: (i) free textbooks from the state, (ii) an exemption from state taxes, and (iii) $20 \%$ of its operating budget in the form of state grants. The remaining $80 \%$ of The Classical School's budget is covered by tuition fees and by donations from alumni and others. The Classical School is licensed by the state, but the state has no requirement for certification and licensure of teachers in private schools. Timon was hired to teach history at The Classical School and was given the standard three-year contract given to teachers in their first stint at the school. Timon, who had been a student activist in college, was annoyed every day when he faced classes wearing the uniform required by The Classical School. Timon kept his mouth shut until he was chosen, in the fall term of his second year, to give the monthly "History Enrichment Lecture" to the entire school. The topic of Timon's lecture was Europe between the two world wars. Timon's lecture was factual, balanced, and nonopinionated, until, at the end of his lecture, he told the assembled students, "We've talked a lot this afternoon about the rise of fascism, but think about this: there is absolutely no qualitative difference between those uniforms you're wearing and those worn by the Hitler Youth. If you had any gumption you'd organize a protest against having to wear them." After the speech, Timon was called to the administrative office by the headmaster and fired on the spot, despite Timon's protests that he had almost two years left on his contract. Timon requested a hearing and was curtly told to leave the premises of the school immediately. Charging that his constitutional rights had been violated, Timon filed suit in federal district court. Timon will: 

Options:
A. Succeed, because the school's action violated Timon's freedom of speech rights.
B. Succeed, because Timon has been denied due process of law.
C. Fail, because Timon was not in his position long enough to acquire property rights in his job.
D. Fail, because assistance and involvement by the state did not result in the private school's action being conduct by the state. 
Answer: D
Question: In the wake of revelations regarding safety hazards and toxic emissions from plants processing radioactive materials, a bill was introduced into the legislature of State Green barring the processing of plutonium, a radioactive artificial element, in State Green. After extensive public hearings it was clear that the bill had strong support in both houses of the state legislature and that, if called to a vote, the bill would pass easily. Governor Luddite had also made a major speech announcing that he would sign such a bill. However, a few members of the legislature raised questions as to the bill's constitutionality. The constitution of State Green provides that the state supreme court may hand down declaratory judgments, and the question of the bill's constitutionality was brought before the state supreme court. The court ruled that the bill, in the form it was introduced into the legislature, is constitutional. There is only one plutonium processing plant in State Green. It is owned and operated by Master Minerals Corporation. The plant operates under contract with the federal government and is highly profitable for Master Minerals. Master Minerals seeks to have the judgment of the state supreme court overturned, and its attorneys have filed appropriate papers to bring the case before the United States Supreme Court. The Court should:

Options:
A. Not hear the matter, because no case or controversy exists.
B. Review the state court's opinion and reverse it.
C. Review the state court's opinion and affirm it.
D. Not review the state court's opinion, because it is based on an independent state ground. 
Answer: A
Question: Doobad was on trial for armed robbery. The defense placed Doobad's friend Wendt on the stand as an alibi witness. Wendt testified that at the time of the armed robbery Doobad was engaged in other activities with Wendt. On cross-examination, the prosecutor asked Wendt, "Isn't it true, Mr. Wendt, that the grand jury has indicted you for the same crime as Mr. Doobad?" Doobad's lawyer knew that Wendt had been indicted for the armed robbery and was to be tried separately in two weeks, but she vigorously objected to the prosecutor's question. Her objection should be:

Options:
A. Sustained, because Wendt has been indicted, but not convicted, of the armed robbery.
B. Sustained, because prior bad acts may not be introduced to impeach a witness.
C. Overruled, because Wendt's indictment tends to show his criminal propensities.
D. Overruled, because Wendt's indictment tends to show bias on the part of the witness.
Answer: D
Question: The President of the United States entered into a bilateral agreement with Nerddistan, a sovereign nation, regarding the probate of estates. One part of the agreement provided that, should a citizen of Nerddistan die owning property in the United States or its Commonwealths or Territories, the executor or administrator appointed in Nerddistan should have the power to deal with such property and a separate American administrator or executor need not be appointed. Reciprocal rights were extended to United States citizens who died owning property in Nerddistan. Tadzik, a citizen of Nerddistan, died owning property in the United States state of Gulfstream. Tadzik's will appointed Elwwan, a citizen of Nerddistan, as executor. A law in the state of Gulfstream requires that all property left by will within the state of Gulfstream be probated by an executor or administrator who is a resident of Gulfstream. If Elwwan desires to act as executor of the estate and properly distribute the Gulfstream property in accordance with Tadzik's will, should he be allowed to do so, notwithstanding the Gulfstream statute?

Options:
A. No, because the probate of real property within the state is within the exclusive purview of the state.
B. No, because an executive agreement is not a treaty, and state law takes precedence over executive agreements.
C. Yes, because executive agreements supersede state laws.
D. Yes, because executive agreements are entitled to full faith and credit. 
Answer: C