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One afternoon, a pilot was flying a small airplane when it suddenly ran out of gas. As he was coming in for an emergency landing, the plane crossed into a neighboring state at a very low altitude. At this time, a 9-year-old boy was walking to school when he was struck and injured by an object, which may have fallen fro... | professional_law | [
"admissible, because the attorney-client privilege was waived by the filing of the lawsuit.",
"admissible, because there is no privilege of confidentiality when a person other than the client is present at the attorney-client consultation.",
"inadmissible, because the attorney-client privilege prevents such a b... | 2C |
The president, vice-president, and U.S. civil officers can be impeached. Which of the following is not true about impeachment? | professional_law | [
"Grounds include treason and bribery",
"Grounds include high crimes and misdemeanors",
"A majority vote in the House is necessary to invoke charges of impeachment",
"A three-fourths vote in the Senate is necessary to convict and remove from office"
] | 3D |
A farmer was the owner of a 20-acre tract that was situated just south of a major boulevard, a street that ran east and west. The farmer's tract was located next to an adjacent 300-acre ranch to the east. Immediately to the west of the farmer's parcel was a 100-acre tract. The farmer subdivided his property into two 10... | professional_law | [
"win, because his deed antedated the woman's deed.",
"win, because no encumbrances were mentioned in his deed.",
"lose, because the woman has an easement by necessity.",
"lose, because the woman has an express easement."
] | 2C |
A college student attended a fraternity party. He noticed a young woman flirting with him in a sexually suggestive way. He took her home and ended up forcefully raping her against her will. She escaped after the rape and went directly to the authorities. The police filed charges of rape. The student-defendant found sev... | professional_law | [
"Yes, because the rules permit evidence of a victim's sexual predisposition to test credibility.",
"Yes, because the evidence will help the jury see that there may be two sides to the story and that the woman was thus the sexual predator instead of the man.",
"No, because such \"sexual predisposition\" evidence... | 2C |
After retiring from a long career in education, a teacher decided to leave the city and move to a community in the mountains. She began looking for a home to purchase in the mountain community. She found one suitable location offered for sale by the owner. The asking price for the home was $100,000. Although the teache... | professional_law | [
"The recited consideration was only a sham pretense of bargained-for consideration, and was therefore de minimis and of no legal significance.",
"The teacher's inclusion of the $1 in her tendered check on December 17 was a timely cure of an immaterial breach of a bilateral real estate option contract.",
"By pro... | 3D |
A woman prepared an accurate statement of her financial condition and submitted it with a loan application to a local bank with which she had done business for many years. Shortly thereafter, the woman's financial condition worsened significantly, but she failed to disclose this fact to the bank. Unaware of the woman's... | professional_law | [
"No, because the woman did not make any subsequent affirmative misrepresentations about her financial condition.",
"No, because the woman's representations were accurate at the time she submitted the loan application to the bank.",
"Yes, because the woman had an obligation to correct her previous representation... | 2C |
A plumbing company hired a worker to work at various construction sites. The worker used his own truck to travel between the company's warehouse and the construction sites, but the company fitted the truck with a rack for carrying plumbing pipes. The company paid the worker for traveling between the warehouse and the c... | professional_law | [
"No, because the company's duty to use reasonable care in hiring a competent driver extended only to actions taken by the worker in the scope of his employment.",
"No, because the worker was an independent contractor.",
"Yes, because the company fitted the worker's truck with a pipe rack.",
"Yes, because the ... | 0A |
At a defendantÕs trial for extortion, the prosecutor called a witness expecting her to testify that she had heard the defendant threaten a man with physical harm unless the man made payoffs to the defendant. The witness denied ever having heard the defendant make such threats, even though she had testified to that effe... | professional_law | [
"Admit the testimony, because it contains a statement by a party-opponent.",
"Admit the testimony, both for impeachment and for substantive use, because the witness made the inconsistent statement under oath at a formal proceeding.",
"Admit the testimony under the former testimony exception to the hearsay rule.... | 1B |
In order to establish the unavailability of a witness at trial | professional_law | [
"it is sufficient to show that the witness is not presently in court.",
"it is necessary to show that he has died.",
"it is necessary to show that every reasonable effort has been made to procure his attendance.",
"if living, it is necessary to show that he is insane."
] | 2C |
There has been a great deal of news media coverage regarding the problem of underage drinking. Many high school and college students have been purchasing fraudulent driver's licenses with phony birthdates showing "proof' of being 21 years of age or older. As a consequence, many teenagers are able to purchase alcoholic ... | professional_law | [
"valid, because the sale of alcoholic beverages has a substantial impact on interstate commerce.",
"valid, because the establishment of a state watchdog agency under the auspices of a federal regulatory scheme is consistent with the provisions of the Twenty First Amendment.",
"invalid, because it violates the f... | 3D |
In 1973, a woman was the actual and record owner of 20 acres of certain undeveloped timberland. In September 1973, the woman mortgaged the 20 acres of timberland to the bank by a mortgage deed (in the traditional form of a conveyance in fee simple subject to a condition subsequent), which was not recorded until January... | professional_law | [
"Whether the finance company is charged with record notice of the bank's mortgage.",
"Whether the quoted clause in the mortgage instrument to the 20 acres of timberland covers the 50-acre estate.",
"Whether the finance company's mortgage is a purchase money mortgage.",
"Whether the finance company can rely on... | 3D |
An avowed member of an antigovernment organization was elected president of a union. A senator, in his investigation of infiltration by antigovernment organizations of national labor unions, found a provision in a law passed by Congress that makes it a crime for a member of an antigovernment organization to act as an o... | professional_law | [
"Congressional committees do not have the authority to violate a person's Fifth Amendment privilege against self-incrimination.",
"A congressman shall not be questioned in any other place for any speech or debate made by him during a congressional hearing.",
"The constitutional requirement for actual malice mus... | 1B |
A man who was an avid swimmer moved to a new town and began looking for a facility with a swimming pool that he could use. He signed an agreement with the local swimming club to use their swimming pool four times per week. The agreement, which had a duration of one year, stated that the man could use the poo1 four time... | professional_law | [
"The swimming club has the right to bar the man from any further use of the pooi.",
"The swimming club has the right to sue the man immediately for breach of contract.",
"The man may retract his repudiation if he does so before the swimming club initiates legal action against him.",
"The swimming club must wa... | 3D |
Jones is arrested for driving under the influence of a controlled substance, marijuana. The prosecution wishes to introduce a videotape from a pot party Jones left just before his arrest. The recording shows Jones exhaling a giant cloud of smoke and stating, "that's really great weed, man." Jones testifies on his own b... | professional_law | [
"Admissible because the question goes to Jones' credibility as a witness.",
"Admissible, so long as the prosecutor produces a certified copy of the conviction.",
"Not admissible, because specific instances of conduct cannot be proved with extrinsic evidence.",
"Not admissible because it is irrelevant."
] | 0A |
After being passed over for a promotion, an aeronautic engineer became a whistleblower. He contacted a government agency to state that the company for which he worked was submitting false safety reports on newly built aircraft. When the company learned that the engineer was leaking this information to the government ag... | professional_law | [
"admissible as former testimony.",
"admissible as a vicarious admission.",
"inadmissible as hearsay not within any recognized exception.",
"inadmissible, because the company did not have the opportunity to cross-examine the engineer on the liability issue for which the statement is now being offered."
] | 0A |
A purse snatcher ran up to a woman, grabbed her purse and ran off. There was a witness at the scene. The witness worked with the police a few days later to try and create a composite sketch of the purse snatcher. This was used by the police to capture the purported purse snatcher. The witness died several days before t... | professional_law | [
"Yes, because the police took it and used it to find someone, therefore it must be an accurate representation of the perpetrator; the exhibit must be admitted.",
"Yes, because it is in the nature of the written recollection of the decedent at a time close to the crime and it therefore has testimonial reliability.... | 2C |
While shopping at a mall, a woman suffered injuries when an escalator malfunctioned, crushing her foot. The woman brings suit against the mall. At trial, she calls another shopper to testif' that he rode the same escalator just moments before the woman's accident and had to jump in the air at the last minute to avoid g... | professional_law | [
"inadmissible, because it is irrelevant.",
"inadmissible, because it is not known whether the other shopper the woman was exercising reasonable care in riding the escalator.",
"admissible, because it tends to prove that a dangerous condition was present at the time the woman's foot was crushed in the escalator.... | 2C |
In which of these situations are the communications set forth privileged? | professional_law | [
"An attorney was a member of a seven-attorney law firm. On a busy day, three of his partners had clients waiting to see them, and all of the chairs in the office waiting room were filled. A woman had an appointment with the attorney, and the attorney came out to greet her in the crowded waiting room. As the woman s... | 3D |
Protesters gathered at the entrance of an abortion clinic, making rowdy noise and catcalls at every person who entered the clinic. The language was insulting and harsh, but there were no attempts to make physical contact. Inside, patients were nervous and surgical procedures were intensified under the constant sounds o... | professional_law | [
"Yes, because their language was insulting, the restriction would be upheld as a fair restriction of speech.",
"Yes, the injunctive restriction was a content-neutral restriction that burdened no more speech than was necessary.",
"No, the right to protest according to one's religious beliefs about abortion canno... | 1B |
A town had been experiencing a rash of bank robberies. All the witnesses at each bank had described a man with a gun who said, "Get down on the floor and no one has to die today!" Following a series of leads, the detectives in the case finally made an arrest. At the police station, the suspect was placed in a lineup. O... | professional_law | [
"invalidated the lineup.",
"violated the defendant's right against self-incrimination.",
"tainted the victim's identification of the defendant.",
"would not prohibit the defendant's lineup identification from being introduced at trial."
] | 3D |
A detective found a footprint from a left-foot shoe at a murder scene. The print was preserved appropriately as evidence. It had distinctive tread marks and an unusual wear pattern on the sole. It also had a "V" mark on the heel bottom that indicates the brand was a Victory shoe. The detective, armed with a proper sear... | professional_law | [
"Yes, because it is direct evidence of guilt.",
"Yes, because it is appropriate circumstantial evidence of guilt.",
"No, because this shoe is irrelevant and will have no residue or other probative evidence relating to it.",
"No, because footprint evidence is highly speculative unless both shoes and shoe print... | 1B |
A gardener sued a homeowner for breach of contract. The gardener claims that the homeowner hired him to perform landscape work at his home. After performing the gardening services, the homeowner paid him $100. The gardener, who speaks only English, contends that the homeowner, who speaks only Japanese, originally agree... | professional_law | [
"admissible as an admission by a party-opponent.",
"admissible as non-hearsay to corroborate evidence of a verbal act.",
"inadmissible, because of the Dead Man's Statute.",
"inadmissible, unless it is established that the gardener accepted the friend as the homeowner's agent in communicating the terms of the ... | 3D |
Generally, erotic materials are protected by the First Amendment for a person's personal use and possession. However, certain erotic material can reach a point where it steps over the boundaries of First Amendment protection. The Supreme Court has held that if material is obscene it does not mandate First Amendment pro... | professional_law | [
"Whether the work, taken as a whole and judged by contemporary community standards, would be seen by a sensitive or vulnerable person to appeal to the prurient interest.",
"Whether the work depicts, in a direct or indirect way, sexual conduct specifically defined by the applicable state obscenity law.",
"Whethe... | 2C |
Third-year student is studying contracts. He has learned that generally all contractual rights may be assigned, but there are some exceptions. Which of the following is not an exception? | professional_law | [
"An assignment that continues the obligor's duty or risk.",
"An assignment not allowed by law.",
"An assignment of future rights from future contracts.",
"An assignment that substantially changes obligor's duty or risk."
] | 0A |
A defendant suspected her long-term boyfriend was cheating on her. On a hunch, she went to her boyfriend's apartment one afternoon and, using her key, she entered the apartment. Once inside, she found her boyfriend and his new girlfriend in bed together. In a rage, the defendant retrieved the gun from the nightstand an... | professional_law | [
"The defendant gave her neighbor the keys to her apartment.",
"The police did not have a search warrant.",
"The defendant told her neighbor not to answer the door to anyone.",
"The police told the neighbor she would be taken to the police station if she refused permission to search."
] | 0A |
A home security protection company provided protection services to property owners in the immediate area. The owner of a summer cottage in the area hired the company to provide 24- hour protection during the winter months when his home was unoccupied. According to the security arrangement, the company's uniformed guard... | professional_law | [
"prevail, because the burglar was unarmed when he was shot.",
"prevail, because the owner knew or had reason to know that the company provided an \"armed response\" to suspected trespassers.",
"not prevail, because the owner was not present when the shooting occurred.",
"not prevail, because the owner had dis... | 3D |
A state statute made it a crime to be addicted to the use of narcotic drugs. A man was arrested and charged with the crime of drug addiction. Two officers testified that they examined "track" marks on the defendant's arms and wrists, and that he admitted to past drug usage. The accused testified that he was not an addi... | professional_law | [
"No, because the arrest is based on the regular use of illegal narcotics and is a proper concern of the criminal law.",
"No, because the state has the power to forbid the use of narcotics within its borders and that's what this statute does.",
"Yes, because the statute makes it criminal to use illegal drugs, wh... | 3D |
A landowner sold and conveyed a parcel of land to the buyer by a deed containing this clause: "Less and excepting a strip of land forty feet wide along the east side of Winter Street, all the way across said land, for use in the future if and when a road is needed for travel. " They had signed a side agreement during n... | professional_law | [
"No, the court will confine itself to what is in the four corners of the deed.",
"No, because that would violate the parole evidence rule.",
"Yes, because the court always has a right to reform the wording of a deed according to the court's interpretation of what it means.",
"Yes, because an ambiguously-worde... | 3D |
A city passed a picketing ordinance. Section 202 of that ordinance reads:"Section 202. It shall be unlawful for any person to engage in picketing before or about the residence of an individual. Nothing herein shall be deemed to prohibit the holding of a meeting or assembly on any premises used for the discussion of sub... | professional_law | [
"constitutional, as a permissible time, place, and manner regulation.",
"constitutional, as a valid exercise of a state's reserved powers under the Tenth Amendment.",
"unconstitutional, as discriminatory on its face.",
"unconstitutional, as vague and overbroad."
] | 0A |
At trial in a criminal prosecution for theft, the defendant calls a witness to testify that he formerly knew the defendant as an army supply sergeant and that the defendant had turned down many opportunities for black marketeering. Is the witness's testimony admissible? | professional_law | [
"No, because it is irrelevant to the present charge.",
"No, because the defendant may not prove his good character by specific instances of good conduct.",
"Yes, because a criminal defendant may prove his good character as a basis for inferring conduct.",
"Yes, because, by accusing the defendant of being a th... | 2C |
Wilshire Street is a public thoroughfare, designated as a one-way street for northbound traffic. Wilshire and Figueroa Streets intersect at right angles. The intersection is controlled by traffic lights. A businessman was driving his car east on Figueroa Street and did not see the traffic light. He entered the intersec... | professional_law | [
"The businessman recovers $5,000 from the woman, and the woman recovers $1,000 from the businessman.",
"The businessman recovers $3,500 from the woman, and the woman recovers $300 from the businessman.",
"The businessman recovers $1,500 from the woman, and the woman recovers $700 from the businessman.",
"The ... | 2C |
A defendant was at a bar when she saw her exboyfriend who had recently dumped her. The defendant walked away and spotted a good friend of hers. She approached her friend and told him she would give him $50 to beat up her ex-boyfriend. The friend agreed but said he would wait until the ex-boyfriend left the bar. While t... | professional_law | [
"convicted, because her knowledge that her exboyfriend was a federal agent is not a material element of the crime.",
"convicted, because withdrawal is never recognized as an affirmative defense to conspiracy.",
"acquitted, because she was unaware that her ex-boyfriend was now a federal agent.",
"acquitted, be... | 0A |
A landlord was the owner of a vacant warehouse. On May 1, the landlord leased the warehouse to the tenant for a term of five years with a renewable option. The leasehold agreement provided in part:"The tenant hereby acknowledges that certain areas of the leased premises are in a state of disrepair and unsafe for the co... | professional_law | [
"landowner is strictly liable for injuries occurring on his property.",
"landowner's duty of care to third parties cannot be shifted to a tenant by the tenns of a lease.",
"tenant cannot waive the implied warranty of commercial habitability.",
"covenant to indemnify by a tenant in favor of a land owner is aga... | 1B |
A pedestrian was injured when hit by a chair that was thrown from an upper-story hotel window. The pedestrian sued the occupants of all the rooms from which the chair might have been thrown. At trial, the pedestrian has been unable to offer any evidence as to the exact room from which the chair was thrown. The defendan... | professional_law | [
"No, because it is unreasonable to expect the pedestrian to prove which of the defendants caused the harm.",
"No, because of the doctrine of alternative liability.",
"Yes, because a plaintiff always has the burden to prove that a particular defendant's conduct was the factual cause of the plaintiff's physical h... | 3D |
A police officer observed two men acting suspiciously in front of a convenience store. They paced back and forth, walked around the store, and periodically looked in the window. The experienced officer feared that these individuals were most likely "casing" the place prior to robbing it. He approached, identified himse... | professional_law | [
"Yes, because there was no probable cause to believe that a crime was being committed.",
"No, because the officer had reasonable suspicion to believe that there might be criminal activity afoot.",
"No, because the officer did have probable cause to believe that a crime was being attempted.",
"Yes, because the... | 1B |
One evening, a husband received a telephone call from an unidentified source who informed him that his wife was having an affair with his friend. As a result, the husband drove to his friend's house with a loaded shotgun. Believing that his friend was in an upstairs bedroom, the husband fired the shotgun through the di... | professional_law | [
"guilty of attempted murder of his friend's wife only.",
"guilty of attempted murder of his friend only.",
"guilty of attempted murder of both his friend and his friend's wife.",
"not guilty of attempted murder of either his friend or his friend's wife."
] | 3D |
A woman and her neighbor had often talked about the need for a fence between their properties. Finally, the woman hired a handyman to build a wooden stake fence between her property and her neighbor's property for $10,000. The handyman built the fence as agreed, and the woman paid him the sum of $10,000. Two weeks late... | professional_law | [
"Damages for personal injuries cannot be recovered in a contract action.",
"Damages for personal injuries to the neighbor were not within the contemplation of the woman and the handyman at the time they entered into their agreement.",
"The neighbor is only an incidental beneficiary of the agreement between the ... | 1B |
Congress has recently enacted a statute requiring all males between the ages of 18 and 30 to take a physical examination each year. The results of the exam are sent to a government data information center for the purpose of keeping information about men who may be drafted into the military. A 25-year-old law school gra... | professional_law | [
"The commerce clause.",
"The dormant commerce clause.",
"To raise and support an army and navy.",
"To provide for the general welfare."
] | 2C |
A motorist's negligent driving seriously injured another driver. The motorist was cited for traveling in the wrong lane and paid a fine. The motorist had a policy limit of only $15,000 for third party liability on his insurance policy. After furnishing the motorist's insurer with a full medical report, all medical bill... | professional_law | [
"The policy limit is $15,000 and that is all that can be collected by the injured person there is no action for bad faith on an insurance contract.",
"The insurance company breached the implied covenant of good faith and fair dealing that is implicit in every insurance contract and must pay the full amount of ... | 2C |
A write-in candidate is a Mexican-American and is of the opinion that he needs a large turnout of Mexican voters in order to win the election. As a result, his campaign manager, decides to mail to every registered Mexican voter a tear-off sticker, which bears the candidate's name and office for which he is running. Sin... | professional_law | [
"Voter turnout among registered Mexican American voters who lack proficiency in English has been less than 1% of the entire state total in recent elections.",
"A state statute requires that each voting booth be equipped with an ink pen to facilitate the writing in of votes.",
"Since large numbers of write-in vo... | 3D |
A man was the owner of the newly constructed hotel in a city. On March 15, the man received a telephone call from a salesperson who was a distributor of hotel equipment. The salesperson offered to sell the man 1,000 fire extinguishers for his hotel. The salesperson told the man that the cost of the fire extinguishers w... | professional_law | [
"The salesperson's defense is valid, because the man's memo was not sufficient to indicate that a contract was formed.",
"The salesperson's defense is valid, because the man's memo was inconsistent with the terms of the salesperson's oral offer.",
"The salesperson's defense is not valid, because the salesperson... | 0A |
Police received a tip from a reliable informant that a man was dealing cocaine from his home. Officers then submitted to a magistrate an affidavit setting forth circumstances showing probable cause for the issuance of a search warrant. The magistrate issued a search warrant for narcotics at the man's address. Police of... | professional_law | [
"granted, because the warrant did not name the defendant.",
"granted, because the warrant did not state with specificity the area to be searched.",
"denied, because the police reasonably believed they were searching the man's residence when they entered the defendant's living quarters.",
"denied, because the ... | 2C |
A testator died and through his will gave his entire estate to charity, but the gift failed because the will was executed 10 days prior to the testator's death. A man then filed a claim against the estate, alleging that he was the son and heir of the testator. At the trial on the man's claim, the man was unable to prod... | professional_law | [
"admissible, because the clerk had personal knowledge of the matter.",
"admissible as a pedigree exception to the hearsay rule.",
"inadmissible, because the clerk's testimony is not the best evidence.",
"inadmissible, under the Dead Man's Statute."
] | 0A |
A supermarket had just reopened after a two- week closing for renovations. On the morning of the reopening, a woman was shopping when she suddenly fell and suffered a broken leg. Thereafter, the woman sued the supermarket for personal injuries. In her suit, the woman claimed that she tripped over a paint bucket that ha... | professional_law | [
"the customer's answer was invited by the supermarket's attorney's question.",
"the customer's answer was based on firsthand knowledge.",
"the customer's answer was a statement of recent perception.",
"the customer's answer was a present sense impression."
] | 0A |
A rancher is currently the owner of record of a parcel of land designated as "A. " It is the higher of two neighboring properties on a mountain. A farmer is the owner of parcel "B," which is situated lower than "A" on the mountainside. In 2000, the rancher, who owned both parcels of land, constructed a private drainage... | professional_law | [
"the rancher, because the deed to the farmer did not contain any covenants restricting the rancher's use of the land.",
"the rancher, because the farmer's proper cause of action would be for nuisance, rather than trespass.",
"the farmer, because the drainage system was the proximate cause of the plaintiff's dam... | 1B |
Under which one of the following situations would the defendant(s) most likely be found guilty of larceny? | professional_law | [
"A customer took his watch to a jeweler for repairs. The defendant inspected the watch and informed the customer that the watch needed a minor adjustment, which he would perform that afternoon. The customer gave the watch to the defendant and told him that he would return the following day to pick it up. As the def... | 3D |
One afternoon a motorist was driving her car when she struck a pedestrian who entered the intersection. The pedestrian was seriously injured in the accident and sued the motorist to recover damages for personal injuries. There were no witnesses to the accident. The motorist claims that the traffic light was green at th... | professional_law | [
"admissible as a statement made for purposes of medical treatment and diagnosis.",
"admissible as a present sense impression.",
"inadmissible, because the witness was eavesdropping on a confidential communication between the pedestrian and a hospital representative.",
"inadmissible, because it is hearsay not ... | 3D |
A landlord, an owner in fee simple, leased a three- story house to a tenant for a term of 10 years. By the terms of the lease, the tenant expressly covenanted to pay a monthly rental of $300 and to pay the taxes on the premises during the term of the lease. The lease also stipulated that the tenant, as lessee, may not ... | professional_law | [
"the new owner.",
"the student, because he did not contract with the tenant to pay the taxes on the property.",
"the student, because the covenant to pay taxes will not \"run with the land,\" unless the intent is clearly expressed in the original lease.",
"the student, because the covenant to pay taxes is mer... | 0A |
A state highway runs through the center of a city's business district. As the highway passes through this business district, there is a stretch where the highway is too narrow to satisfS' the safety standards for state roadways. Along this narrow stretch and on opposite sides of the street are located two businesses. S... | professional_law | [
"No, because as a governmental entity, the city enjoys immunity from such suits under the Eleventh Amendment.",
"No, because the city's action was reasonable.",
"Yes, because the action of the city violated the equal protection clause of the Fourteenth Amendment.",
"Yes, because responsible government officia... | 1B |
A passenger on a subway car placed her pocketbook on the seat next to her and began to zip up her jacket. Defendant was standing in front of the passenger and holding on to the hand rail. Seeing the pocketbook unattended, he suddenly grabbed it and tried to run away. As he did so, the passenger became very frightened a... | professional_law | [
"larceny.",
"attempted larceny.",
"assault.",
"robbery."
] | 0A |
A victim was leaving his favorite local watering hole and contemplating a late night cheeseburger when he tripped over his own feet and fell on the sidewalk. A few moments later, the victim got up in a daze and stepped into the street, where he was struck by a car driven by the defendant, who was speeding, in violation... | professional_law | [
"Speeding.",
"Involuntary manslaughter.",
"Voluntary manslaughter.",
"Murder."
] | 1B |
A plaintiff sued a utility company that owns a reservoir that is open to the public for recreation pursuant to a license from a federal agency. The plaintiff was severely injured in the reservoir when he dove from a boat into what he thought was deep water and hit an unmarked submerged island. The plaintiff alleges tha... | professional_law | [
"\"The accident probably occurred in the manner shown by this computer-animated film I made.\"",
"\"The company could have marked the island in a day and at a cost of $300.\"",
"\"The company was required by federal law to mark the island.\"",
"\"The plaintiff was not contributorily negligent.\""
] | 1B |
A writer's latest novel created a debate among critics regarding whether the sexual references and the graphic practices in the book made it obscene. While the publisher was readying the book for distribution, the head of a state commission for morality contacted her to tell her that the book was obscene and that she s... | professional_law | [
"Yes, if the authorities determine the book to be obscene, then they may seize and prevent its prospective distribution for the protection of the public.",
"Yes, the determination of obscenity can be made prior to publication because the local authorities have a right to determine the local \"community morals\" s... | 3D |
A developer recently acquired a large vacant lot and wished to build a series of 10 tract homes on the lot to offer for sale. On May 1, he telephoned a number of contractors whom he had dealt with in the past and asked them to submit bids to build the homes. One of the contractors in turn sought bids from several subco... | professional_law | [
"The plumber made an offer that the contractor accepted by using the plumber's bid in computing the bid he submitted to the developer.",
"The plumber's bid was a \"firm offer\" that was not revocable, since both the plumber and the contractor were merchants.",
"The contractor made an offer to the plumber that t... | 3D |
A victim and a defendant both worked as longshoremen at a shipyard. After the victim was shot to death, the defendant was tried for murder and acquitted. Following the acquittal, the victim's estate sued the defendant in a wrongful death action. During the civil trial, the victim's estate called a witness to testify. T... | professional_law | [
"admissible, because it reports a declaration against interest.",
"admissible, because it reports the defendant's adoptive admission of the victim's assertion.",
"inadmissible, because of the principle of collateral estoppel.",
"inadmissible, because it is hearsay not within any recognized exception."
] | 1B |
An auto retailer started a marketing promotion on a new hybrid model sedan. It advertised that anyone who purchased the car in 2013 and did not get at least 50 miles per gallon average gas mileage during the first 60 days, would receive a payment of $10,000 cash from the company. Record-keeping and inspection procedure... | professional_law | [
"Yes, because this is a classic bilateral contract, making it necessary that the company live up to its set of promises made to her.",
"No, this was merely puffing, was not an offer to contract with any particular person and was without consideration.",
"Yes, this was a unilateral contract in which the offeree ... | 2C |
A mother hated a girl because she always seemed to outperform her daughter and make her feel inferior. Fearing that the girl would beat out her daughter for the last cheerleading position, the mother decided to kill the girl. One night while the mother and her boyfriend were having dinner, the mother asked him to kill ... | professional_law | [
"Conspiracy and voluntary manslaughter.",
"Conspiracy, attempted murder, and two counts of murder.",
"Solicitation and two counts of murder.",
"Solicitation and attempted murder."
] | 1B |
A farm and an orchard are adjoining tracts of land located in a county. In 2006, a farmer purchased the farm, a 10-acre tract, in fee simple absolute. The orchard, a 20-acre tract situated to the north of the farm, was owned by a rancher in fee simple absolute. A remote predecessor of the farmer had granted to a shephe... | professional_law | [
"lose, because the easement was extinguished by merger when the farmer acquired the orchard from the rancher.",
"lose, because the right-of-way was abandoned inasmuch as there never was any actual use made.",
"win, because the farmer had constructive notice of the easement.",
"win, because the investor acquir... | 0A |
A man and a woman were partners in an automobile leasing agency. For some time, the man had been embezzling money from the agency. The woman became suspicious and told the man that she wanted to engage an accounting firm to audit the agency's books. In a panic to prevent the audit and avoid being discovered, the man de... | professional_law | [
"Conspiracy and murder.",
"Murder.",
"Solicitation and conspiracy.",
"Solicitation, conspiracy, and murder."
] | 1B |
A seat in a movie theater collapsed, causing the customer sitting in that seat to fall to the ground and suffer a back injury. In a personal injury action by the customer against the theater, the customer will most likely | professional_law | [
"recover, because the theater was under an absolute duty of care to make the premises safe for the protection of its customers.",
"recover, only if the theater had prior knowledge of the dangerous condition of the seat.",
"not recover, because the theater was under no obligation to inspect the premises to disco... | 3D |
A landowner, advancing in age, realizes that he is no longer able to farm his 1,000 acres and therefore decides to sell some of the farmland in parcels of 250 acres. The president of a development company is interested in purchasing three of the four parcels. The president buys the three parcels from the landowner and ... | professional_law | [
"little chance of preventing the projected commercial development.",
"no standing to enjoin the construction of the shopping center.",
"no chance of succeeding, because the zoning ordinance takes precedence over the covenant running with the land.",
"success in their cause of action in accordance with the com... | 3D |
A valid treaty between the United States and a foreign country provides for the elimination of all tariff barriers between the two countries. It authorizes the president of either country to issue a proclamation nullifying any state or local laws in that country that have the effect of impeding imports from the other c... | professional_law | [
"No, because the Constitution vests in Congress the exclusive authority to specify binding legal standards for weights and measures, and the President therefore lacks constitutional authority for the proclamation.",
"No, because the principles of federalism embedded in the Constitution prohibit the President from... | 2C |
A man is charged with murder. During the trial, defense counsel offers the testimony of a man on death row admitting he hired another man to shoot the victim. The testimony is | professional_law | [
"not hearsay.",
"hearsay, but admissible as an admission.",
"hearsay, but admissible as a dying declaration.",
"hearsay not within any recognized exception."
] | 0A |
A state legislature enacts a statute prohibiting the sale of contraceptive devices to married persons. This state statute prohibits the use of contraceptive devices by married persons. A physician who practices in the state brings suit in federal court challenging the constitutionality of the state contraceptive statut... | professional_law | [
"to have standing.",
"to have standing jus tertii.",
"not to have standing.",
"not to have standing jus tertii."
] | 3D |
A man decided to enroll in a creative writing course at a local adult education facility. The man signed an agreement with the facility that he would attend weekly classes at the facility for six months and would pay $500 on the first of each month. Upon signing the contract, the man made his first payment of $500 and ... | professional_law | [
"No, because by permitting the man to attend classes without having paid the third monthly installment, the facility waived its right to have that installment fee paid on time.",
"No, because the facility's allowing the man to attend classes without paying the third monthly installment created an implied contract... | 3D |
During the final days of his presidency, many of the President's Cabinet members began leaking rather embarrassing stories about the President to the press. In one such story, which appeared in a newspaper, an unidentified Cabinet member was quoted as saying that the President pardoned the owner of a professional baseb... | professional_law | [
"constitutional, because governmental employment is a privilege and not a right.",
"constitutional, because the President has plenary power to set forth employment regulations for executive department employees.",
"unconstitutional, because Congress, not the President, has authority to regulate the terms and co... | 3D |
A national association brought suit in federal court against a city. The suit charged the city with violating several federal statutes. During the trial, the association's attorney called the city attorney as an adverse witness. The city attorney asserted the attorney-client privilege and objected that the matters comm... | professional_law | [
"federal privilege law.",
"the privilege law of the forum state.",
"either federal privilege law or the privilege law of the forum state as determined by the court.",
"either federal privilege law or the privilege law of the forum state, whichever the court determines is more likely to admit the evidence."
] | 0A |
For many years, persons engaged in real estate transactions in a state have utilized installment land contracts. The so-called installment land contract has been popular as a substitute for the mortgage or deed of trust. Under such a contract, the seller agrees to accept, and the buyer agrees to pay, the purchase price... | professional_law | [
"Yes, because it is a reasonable regulation of the procedure to be followed in such cases and does not substantially diminish the underlying obligations of the buyer.",
"Yes, because the authority to enact laws regulating real estate sales transactions occurring within the boundaries of individual states is reser... | 0A |
A plaintiff sued an insurance company to recover life insurance proceeds. At trial, the issue before the court is the insured's correct date of birth. Which of the following is inadmissible if offered to prove the insured's correct date of birth? | professional_law | [
"A family portrait engraved with the ages of the family members.",
"A family bible with the insured's birth date inscribed on the cover.",
"A photocopy of the insured's birth certificate.",
"A sworn affidavit from the insured's brother verifying the insured's birth date."
] | 3D |
Two men agreed to burglarize a home. While they were planning the burglary, the two men learned that the home had a sophisticated alarm system that needed to be disarmed. One of the men told the other that he knew an alarm specialist who could help disarm the security system. One of the men then approached the alarm sp... | professional_law | [
"The two men are guilty of conspiracy.",
"The two men and the alarm specialist are guilty of conspiracy.",
"The two men are guilty of conspiracy and the two men and the alarm specialist are guilty of attempted burglary.",
"The two men and the alarm specialist are guilty of both conspiracy and attempted burgla... | 1B |
A man claims to have inherited property from a wealthy businessman. The man's birth certificate shows that he was born out of wedlock. The record of a proceeding for a support order shows that the businessman was adjudged to be father of the man. However, the man can establish his status as heir of the businessman only... | professional_law | [
"admissible, only if the photographer is available to testify concerning the circumstances under which the photograph was taken.",
"admissible, only if a witness verifies that it is a correct and accurate representation of the relevant facts.",
"inadmissible as non-verbal hearsay not within any recognized excep... | 1B |
Seller says a circumstance has occurred that makes performing a sales contract impractical. Which of the following is not correct about discharge for impracticability? | professional_law | [
"The problem must not have been caused by the fault of the party seeking to invoke the defense.",
"A price increase is sufficient for discharge.",
"The failure to excuse performance would result in grave injustice.",
"The impracticality must go to a basic assumption on which the contract was made."
] | 1B |
A woman inherited her father's farm when he died testate. Prior to her father's death, the woman had already taken over the operations on the father's farm due to his declining health. Recently, the woman had granted a coal company rights to strip-mine coal from underneath the farm. Their agreement stipulated that the ... | professional_law | [
"profit-a-prendre.",
"license.",
"easement in gross.",
"voluntary waste."
] | 0A |
Three friends decided to go bowling together. They made a friendly wager on the match, with the winner receiving a free beer from the other two guys. In the second frame of the first game, the first friend apparently got a strike when he knocked down all 10 pins. However, the second friend accused the first friend of f... | professional_law | [
"prevail, because the third friend was aware of the danger.",
"prevail, on account of the third friend's omission to act.",
"not prevail, because the first friend was responsible for his injury.",
"not prevail, because the third friend was under no duty to warn the second friend of the danger."
] | 3D |
A man and a woman were passengers on a plane. They were seated next to one another in the first- class section of the plane. Midway through the flight, the woman excused herself and went to the restroom. While she was gone, the man rummaged through the woman's purse and stole $100 in cash. Unknown to the man, a flight ... | professional_law | [
"admissible, because it is neither hearsay nor privileged.",
"inadmissible, because it is hearsay not within any recognized exception, though it is not privileged.",
"inadmissible, because it discloses a privileged communication, though it is not hearsay.",
"inadmissible, both because it discloses a privilege... | 2C |
A police officer stopped a driver who had run a red light. Upon approaching the car, the officer noticed a strong odor of alcohol and immediately asked whether the driver had been drinking. The driver admitted having had several alcoholic drinks that evening. The driver, charged with driving while intoxicated, moved to... | professional_law | [
"The statement should be allowed, because although the driver was in custody, the officer's spontaneous utterance upon smelling alcohol did not rise to the level of interrogation.",
"The statement should be allowed, because the driver was not in custody for Miranda purposes when the admission was made.",
"The s... | 0A |
A farmer has a large field where he grows corn. He hires a crop-duster to spray the field, but the crop- duster mistakenly sprays a strong herbicide, rather than a pesticide, and kills all the corn plants in the field. Several days later, a construction company building a house near the farmer's field negligently hits ... | professional_law | [
"only the crop-duster is liable, because its negligence occurred before the construction company's negligence.",
"only the construction company is liable, because its negligence would have destroyed the farmer's corn crop no matter what the crop- duster did.",
"both the crop-duster and the construction company ... | 0A |
A defendant incurred heavy gambling losses to a bookie. Short of cash, the defendant sought help from his uncle. When the uncle refused to lend his irresponsible nephew any money, the defendant decided to get even. One morning, as the housekeeper was preparing his uncle's breakfast, the defendant stealthily entered the... | professional_law | [
"an accessory before the fact.",
"a principal in the first degree.",
"a principal in the second degree.",
"an accomplice."
] | 1B |
Congress enacted a statute designed to make the stabilization of rents more effective throughout the United States. The statute will be applicable to all leasehold contracts hereafter entered into between landlords and tenants involving residential and commercial properties. The new federal statute is intended to prote... | professional_law | [
"the rental of a state-owned office building by a state to a privately owned business.",
"the rental of residential property located in the District of Columbia by an individual landlord to a family of six.",
"the rental of an apartment located by a real estate company to an individual tenant.",
"the rental o... | 1B |
A mother whose child had birth defects sued the pharmaceutical company that made the purportedly dangerous drug prescribed to her during pregnancy. At trial, she offered an expert witness to prove that the drug was a substantial factor in causing the baby's injuries. The expert was a Ph.D. medical researcher with an ad... | professional_law | [
"Yes, the proposed testimony was not reliable in that it was based on scientific testing only and did not discuss medical science or rule out other causes.",
"No, the testimony was admissible because several factors militated in favor of the expert's opinion being reliable, and thus helpful to the jury in determi... | 1B |
A family had been traveling cross-country on a camping trip when they decided to pull into Yellowstone National Park. During their stay at Yellowstone, the family camped out in a secluded area of the campgrounds surrounded by tall pine trees. Numerous signs had been posted throughout the campgrounds warning campers of ... | professional_law | [
"the pilot's estate, because the son was negligent in failing to properly extinguish the campfire.",
"the pilot's estate, because the father is vicariously liable for the tortious conduct of his child.",
"the father and the son, because the operator's reckless operation of his aircraft would be viewed as a supe... | 2C |
A city ordinance forbids washing vehicles parked on city streets. A man washes his car while it is parked on the street in front of his home. The water forms a puddle in the street, which freezes over during the night. Early the next morning, a car driving on the street slides on the ice and crashes into a tree. If the... | professional_law | [
"The man was not aware of the ordinance.",
"The city council enacted the ordinance after someone washing his car was hit by a passing truck.",
"The driver lives in the man's neighborhood and saw the man washing his car the day before the accident.",
"The driver is not a resident of the city."
] | 1B |
A plaintiff was seriously injured in a collision involving three trucks. A sideswipe occurred between the plaintiff's pickup truck and a trailer truck as they passed in opposite directions. The sideswipe caused the plaintiff's truck to careen down the road and into the path of a second trailer truck. The driver of the ... | professional_law | [
"admissible as a declaration of existing state of mind.",
"admissible as an excited utterance.",
"inadmissible, because it contains inadmissible opinion evidence.",
"inadmissible as hearsay not within any recognized exception."
] | 1B |
In a jurisdiction using the grantor grantee indices, the following events have occurred in the order listed below:(1) In 1962, a grantor conveyed to a man a tract of land by a deed that was immediately recorded. (2) In 1982, the man died a widower and devised the tract of land to his assistant by a will that was duly... | professional_law | [
"prevail, because there was an effective gift.",
"prevail, because there was an effective assignment.",
"not prevail, because there was no consideration to support the assistant's promise to convey the property.",
"not prevail, because specific performance will not be granted where there is an adequate remedy... | 2C |
A property owner agreed to sell one of his real estate parcels to a neighbor. He wrote up an agreement of sale with the sale price of $200,000 and he signed the document. The neighbor took it and returned with a bank check for the full amount, demanding that the deed be tendered. The property owner then decided that th... | professional_law | [
"No, because the neighbor did not expressly state that he accepted the agreement.",
"No, because the neighbor had to put his signature on the document to make it a binding contract.",
"Yes, because neighbor manifested his assent by his conduct of tendering the full sale price, at which point a contract existed.... | 2C |
Ann owns a tract of land. On August 1,2005, Ann sells to Hunter and Willa, a husband and wife, an undivided one-half interest in this land for $100,000 (the entire consideration being paid by Hunter). The deed to Hunter and Willa reads as follows: "To Hunger and Willa and their heirs as tenants by the entirety, and not... | professional_law | [
"an undivided one-third interest in the land.",
"an undivided one-quarter interest in the land.",
"an undivided one-half interest in the land.",
"an undivided three-quarters interest in the land."
] | 3D |
A law clerk normally worked from 9:00 a. m. to5:00 p. m. each day, or an average of 40 hours per week. One morning, the law clerk came to the office at 9:00 a. m. and started preparing a brief for an upcoming trial. After completing his work at 5:00 p. m. that afternoon, he was about to leave the office when the senior... | professional_law | [
"The pedestrian prevails, because the law firm was negligent for requiring the law clerk to stay at the law office and finish the memorandum.",
"The pedestrian prevails, because the law firm is legally responsible for its employees' actions.",
"The pedestrian loses, because the actions of the law firm were not ... | 3D |
A man took money without permission from his employer to compensate himself for wages he honestly believed were owed to him. The authorities arrested the man for felonious larceny, a crime that is also called theft in some states. The man defended on the basis that he had no intent to steal and only wanted his rightful... | professional_law | [
"The charges will not be dismissed because his intent becomes irrelevant when he uses force to obtain possession of property.",
"The charges will be dismissed because the intent to steal is a required element of both theft and larceny and this man did not intend to steal because he thought that he had a right to ... | 1B |
A businessman was the owner of an idyllic lake and wooded area. In 1980, the businessman conveyed the land to the state "on the condition that" it be used as recreational property only. Two years later, the state decided that they wanted a small industrial park attached to the corner of the land. The state went ahead a... | professional_law | [
"The interest created is a reverter, and the property instantly reverts back to the grantor upon the occurrence of the specified violation.",
"The interest created is a fee simple subject to a condition subsequent, and the original owner can get the property back only by taking affirmative steps to exercise his r... | 1B |
A retiree owned a 100-acre farm. For many years, the retiree grew tobacco on a 10-acre strip located in the northeast section of the property. In March, the retiree planted his annual tobacco crop, which he usually harvested in early October. In September, the retiree sold his farm to a tobacco grower for $100,000. At ... | professional_law | [
"The retiree is entitled to remove the tobacco crop, but he must pay the grower a reasonable value to enter the property, thus gaining access to the crop.",
"The retiree is entitled to remove the tobacco crop and is not required to pay the grower for entering the property, thus gaining access to the crop.",
"Th... | 2C |
A doctor is charged with the murder of his wife. The prosecution alleges that he murdered his wife by giving her a massive injection of succinylcholine while she was asleep. Succinylcholine is a drug used in small quantities by anesthesiologists as a muscle relaxant. The prosecution claims that the fatal dose given to ... | professional_law | [
"Yes, because he can identify the data upon which his opinion is based.",
"Yes, because an expert may base his opinion on facts made known to him at the trial.",
"No, because he has no personal knowledge of the wife's death.",
"No, because the cause of death is an issue to be decided by the jury."
] | 1B |
A federal statute makes it a crime for anyone to "knowingly" use, transfer, acquire, alter, or possess food stamps in any manner not authorized by statute or federal regulations. A restaurant owner purchased food stamps from an undercover federal agent several times for a price below face value. At trial, the judge ref... | professional_law | [
"Some statutes are written without the need to prove any particular mens rea, and this statute appears to be one of them, making the court's instructions appropriate.",
"Where all that is available regarding intent is the use of the word \"knowingly\", the prosecution must at least prove that the defendant knew h... | 1B |
Arrests may occasionally be made without a warrant. Which of the following is not one of those circumstances? | professional_law | [
"A misdemeanor has occurred, and an officer must believe that the person he has arrested committed it.",
"An officer must have probable cause that a felony has occurred and that the arrested person committed it.",
"An officer may arrest for a felony committed in his presence.",
"An officer may arrest for a mi... | 0A |
A man was arrested and convicted of publishing paid newspaper advertisements giving information on how to get an abortion in another state and how to find a referral service. A criminal statute made it a crime to disseminate such information. Will the courts uphold the conviction? | professional_law | [
"No, the statute violates the sixth amendment right to privacy.",
"No, the statute violates the First Amendment right to publish protected commercial speech.",
"Yes, the right to an abortion does not include the right to publicize where to get one.",
"Yes, there is no right to publish or disseminate speech th... | 1B |
A defendant was indicted and arrested for bank robbery. The defendant had an initial appearance before a magistrate judge in which he was notified of the charges and told that counsel would be appointed for him the next day. The police then required the defendant to participate with other prisoners in a lineup in which... | professional_law | [
"No.",
"Yes, based only on the denial of counsel at the initial appearance.",
"Yes, based only on the denial of counsel at the lineup.",
"Yes, based on the denial of counsel at both stages of the proceeding."
] | 2C |
A well-established paper mill and a logging company signed a written contract in which the mill agreed to buy from the company all the logs the mill would need for one year. The company was unable to keep up with the mill's needs, and its log deliveries fell short by 10% to 15% in each of the four quarters of the year.... | professional_law | [
"$205,000.00",
"$225,000.00",
"$230,000.00",
"$232,000.00"
] | 2C |
A rider entered a subway car at the 42nd Street station. Because all of the seats were occupied, the rider stood in the subway car and grabbed a pole to secure his balance. As the subway car was proceeding downtown, the rider glanced at a girl standing next to him. Suddenly, the subway car made an unexpected stop. The ... | professional_law | [
"liable for battery.",
"liable, because the rider believed that the girl consented to the contact under the circumstances.",
"not liable, because the rider's conduct was socially acceptable under the circumstances.",
"not liable, because the girl was not harmed by the contact."
] | 2C |
Base Electric Co. has entered an agreement to buy its actual requirements of copper wiring for six months from the Seymour Metal Wire Company and Seymour Metal has agreed to sell all the copper wiring Base will require for six months. The agreement between the two companies is | professional_law | [
"Unenforceable because it is too indefinite as to quantity.",
"Unenforceable because it lacks mutuality of obligation.",
"Unenforceable because of lack of consideration.",
"Valid and enforceable."
] | 3D |
A buyer contracted to purchase a used car from a seller for $10000. On the date the sale was to take place, the buyer tendered a $10,000 cashier's check to the seller. The seller rejected the tender and refused to deliver the car to the buyer. If the buyer brings an action for breach of contract against the seller, the... | professional_law | [
"Damages measured by the difference between the market price and the contract price for the car.",
"Recovery of the contract price of the car.",
"Specific performance.",
"Recovery of the market price of the car."
] | 0A |
A defendant worked as a short-order cook at a restaurant. After work, the defendant went out drinking with one of the other cooks, and they were commiserating about their lack of money. They decided that the only way out of their rut was to rob a local bank. They then agreed to carry out a bank heist on the following F... | professional_law | [
"Yes, because the cook and the defendant did enter into an agreement to commit the bank robbery.",
"Yes, because the purchase of the ski masks was a sufficient overt act in the furtherance of the crime.",
"Yes, because the defendant did not thwart the cook from committing the robbery.",
"No, because the defen... | 1B |
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