ncoop57/mmmlu huggingface dataset:
On March 1, Computer Programs, Inc. (CP) orally agreed with Holiday Department Store (HDS) to write a set of programs for HDS's computer and to coordinate the programs with HDS's billing methods. A subsequent memo, signed by both parties, provided in its entirety: HDS will pay CP $20,000 in two equal installments within one month of completion if CP is successful in shortening by one-half the 17 processing time for the financial transactions now handled on HDS's Zenon 747 computer; CP to complete by July 1. This agreement may be amended only by a signed writing. On June 6, CP demanded $10,000, saying the job was one-half done. After HDS denied liability, the parties orally agreed that HDS should deposit $20,000 in escrow, pending completion to the satisfaction of HDS's computer systems manager. The escrow deposit was thereupon made. On July 5, CP completed the programs, having used an amount of time in which it could have earned $18,000 had it devoted that time to other jobs. Tests by CP and HDS's computer systems manager then showed that the computer programs, not being perfectly coordinated with HDS's billing methods, cut processing time by only 47 percent. They would, however, save HDS $12,000 a year. Further, if HDS would spend $5,000 to change its invoice preparation methods, as recommended by CP, the programs would cut processing time by a total of 58 percent, saving HDS another $8,000 a year. HDS's computer systems manager refused in good faith to certify satisfactory completion. HDS asked the escrow agent to return the $20,000 and asserted that nothing was owed to CP even though HDS continued to use the programs"If CP in fact had half-completed the job on June 6, would it then have been entitled to $10,000?
A. Yes, because June 6 was within one month of completion. 
B. Yes, because CP had done one-half the job. 
C. No, because of a constructive condition precedent requiring at least substantial completion of the work before HDS would have a duty to pay 
D. No, because "within one month of completion" would, in these circumstances, be interpreted to mean "within one month after completion."
Answer: D
On March 1, Computer Programs, Inc. (CP) orally agreed with Holiday Department Store (HDS) to write a set of programs for HDS's computer and to coordinate the programs with HDS's billing methods. A subsequent memo, signed by both parties, provided in its entirety: HDS will pay CP $20,000 in two equal installments within one month of completion if CP is successful in shortening by one-half the 17 processing time for the financial transactions now handled on HDS's Zenon 747 computer; CP to complete by July 1. This agreement may be amended only by a signed writing. On June 6, CP demanded $10,000, saying the job was one-half done. After HDS denied liability, the parties orally agreed that HDS should deposit $20,000 in escrow, pending completion to the satisfaction of HDS's computer systems manager. The escrow deposit was thereupon made. On July 5, CP completed the programs, having used an amount of time in which it could have earned $18,000 had it devoted that time to other jobs. Tests by CP and HDS's computer systems manager then showed that the computer programs, not being perfectly coordinated with HDS's billing methods, cut processing time by only 47 percent. They would, however, save HDS $12,000 a year. Further, if HDS would spend $5,000 to change its invoice preparation methods, as recommended by CP, the programs would cut processing time by a total of 58 percent, saving HDS another $8,000 a year. HDS's computer systems manager refused in good faith to certify satisfactory completion. HDS asked the escrow agent to return the $20,000 and asserted that nothing was owed to CP even though HDS continued to use the programs"Was the escrow agreement a valid modification?
A. Yes, because it was the compromise of an honest dispute. 
B. Yes, because the Statute of Frauds does not apply to subsequent oral modifications. 
C. No, because it was oral 
D. No, because it was not supported by consideration.
Answer: A
On March 1, Computer Programs, Inc. (CP) orally agreed with Holiday Department Store (HDS) to write a set of programs for HDS's computer and to coordinate the programs with HDS's billing methods. A subsequent memo, signed by both parties, provided in its entirety: HDS will pay CP $20,000 in two equal installments within one month of completion if CP is successful in shortening by one-half the 17 processing time for the financial transactions now handled on HDS's Zenon 747 computer; CP to complete by July 1. This agreement may be amended only by a signed writing. On June 6, CP demanded $10,000, saying the job was one-half done. After HDS denied liability, the parties orally agreed that HDS should deposit $20,000 in escrow, pending completion to the satisfaction of HDS's computer systems manager. The escrow deposit was thereupon made. On July 5, CP completed the programs, having used an amount of time in which it could have earned $18,000 had it devoted that time to other jobs. Tests by CP and HDS's computer systems manager then showed that the computer programs, not being perfectly coordinated with HDS's billing methods, cut processing time by only 47 percent. They would, however, save HDS $12,000 a year. Further, if HDS would spend $5,000 to change its invoice preparation methods, as recommended by CP, the programs would cut processing time by a total of 58 percent, saving HDS another $8,000 a year. HDS's computer systems manager refused in good faith to certify satisfactory completion. HDS asked the escrow agent to return the $20,000 and asserted that nothing was owed to CP even though HDS continued to use the programs"Assume for this question only that the programs completed on July 5 had cut processing time by one-half for all of HDS's financial transactions. Is HDS entitled to renounce the contract because of CP's delay in completion?
A. Yes, because "CP to complete by July 1" is an express condition. 
B. Yes, because the doctrine of substantial performance does not apply to commercial contracts. 
C. No, because both parties manifested an understanding that time was not of the essence. 
D. No, because the contract did not contain a liquidated damages clause dealing with delay in completion
Answer: C
On March 1, Computer Programs, Inc. (CP) orally agreed with Holiday Department Store (HDS) to write a set of programs for HDS's computer and to coordinate the programs with HDS's billing methods. A subsequent memo, signed by both parties, provided in its entirety: HDS will pay CP $20,000 in two equal installments within one month of completion if CP is successful in shortening by one-half the 17 processing time for the financial transactions now handled on HDS's Zenon 747 computer; CP to complete by July 1. This agreement may be amended only by a signed writing. On June 6, CP demanded $10,000, saying the job was one-half done. After HDS denied liability, the parties orally agreed that HDS should deposit $20,000 in escrow, pending completion to the satisfaction of HDS's computer systems manager. The escrow deposit was thereupon made. On July 5, CP completed the programs, having used an amount of time in which it could have earned $18,000 had it devoted that time to other jobs. Tests by CP and HDS's computer systems manager then showed that the computer programs, not being perfectly coordinated with HDS's billing methods, cut processing time by only 47 percent. They would, however, save HDS $12,000 a year. Further, if HDS would spend $5,000 to change its invoice preparation methods, as recommended by CP, the programs would cut processing time by a total of 58 percent, saving HDS another $8,000 a year. HDS's computer systems manager refused in good faith to certify satisfactory completion. HDS asked the escrow agent to return the $20,000 and asserted that nothing was owed to CP even though HDS continued to use the programs"Assume for this question only that CP's delay in completion did not give HDS the right to renounce the contract and that the parties' escrow agreement was enforceable. Is CP entitled to recover damages for breach of the contract?
A. Yes, because CP had substantially performed. 
B. Yes, because the program would save HDS $12,000 a year. 
C. No, because shortening the processing time by one-half was an express condition subsequent. 
D. No, because HDS's computer systems manager did not certify satisfactory completion of the programs
Answer: D
On March 1, Computer Programs, Inc. (CP) orally agreed with Holiday Department Store (HDS) to write a set of programs for HDS's computer and to coordinate the programs with HDS's billing methods. A subsequent memo, signed by both parties, provided in its entirety: HDS will pay CP $20,000 in two equal installments within one month of completion if CP is successful in shortening by one-half the 17 processing time for the financial transactions now handled on HDS's Zenon 747 computer; CP to complete by July 1. This agreement may be amended only by a signed writing. On June 6, CP demanded $10,000, saying the job was one-half done. After HDS denied liability, the parties orally agreed that HDS should deposit $20,000 in escrow, pending completion to the satisfaction of HDS's computer systems manager. The escrow deposit was thereupon made. On July 5, CP completed the programs, having used an amount of time in which it could have earned $18,000 had it devoted that time to other jobs. Tests by CP and HDS's computer systems manager then showed that the computer programs, not being perfectly coordinated with HDS's billing methods, cut processing time by only 47 percent. They would, however, save HDS $12,000 a year. Further, if HDS would spend $5,000 to change its invoice preparation methods, as recommended by CP, the programs would cut processing time by a total of 58 percent, saving HDS another $8,000 a year. HDS's computer systems manager refused in good faith to certify satisfactory completion. HDS asked the escrow agent to return the $20,000 and asserted that nothing was owed to CP even though HDS continued to use the programs"Assume for this question only that CP was in breach of contract because of its four-day delay in completion and that an express condition precedent to HDS's duty to pay the contract 18 price has failed. Can CP nevertheless recover the reasonable value of its service?
A. Yes, because continued use of the programs by HDS would save at least $12,000 a year. 
B. Yes, because HDS was continuing to use programs created by CP for which, as HDS knew, CP expected to be paid. 
C. No, because failure of an express condition precedent excused HDS from any duty to compensate CP. 
D. No, because such a recovery by CP would be inconsistent with a claim by HDS against CP for breach of contract
Answer: B
Police Officer stopped Dexter for speeding late one night. Noting that Dexter was nervous, Police Officer ordered him from the car and placed him under arrest for speeding. By state law, Police Officer was empowered to arrest Dexter and take him to the nearest police station for booking. Police Officer searched Dexter's person and discovered a package of heroin in his jacket pocket. Dexter is charged with possession of heroin. At trial, Dexter's motion to prevent introduction of the heroin into evidence, on the ground that the search violated his federal constitutional rights, will most probably be
A. denied, because the search was incident to a valid custodial arrest. 
B. denied, because Police Officer acted under a reasonable suspicion and legitimate concern for his own personal safety. 
C. granted, because there was no reasonable or proper basis upon which to justify conducting the search. 
D. granted if Police Officer was not in fear and had no suspicion that Dexter was  transporting narcotics
Answer: A
Donna was arrested and taken to police headquarters, where she was given her Miranda warnings. Donna indicated that she wished to telephone her lawyer and was told that she could do so after her fingerprints had been taken. While being fingerprinted, however, Donna blurted out, "Paying a lawyer is a waste of money because I know you have me." At trial, Donna's motion to prevent the introduction of the statement she made while being fingerprinted will most probably be 
A. granted, because Donna's request to contact her attorney by telephone was reasonable and should have been granted immediately. 
B. granted, because of the "fruit of the poisonous tree" doctrine. 
C. denied, because the statements were volunteered and not the result of interrogation. 
D. denied, because fingerprinting is not a critical stage of the proceeding requiring the assistance of counsel.
Answer: C
Barnes was hired as an assistant professor of mathematics at Reardon State College and is now in his third consecutive one-year contract. Under state law, he cannot acquire tenure until after five consecutive annual contracts. In his third year, Barnes was notified that he was not being rehired for the following year. Applicable state law and college rules did not require either a statement of reasons or a hearing, and in fact neither was offered to BarnesWhich of the following, if established, sets forth the strongest constitutional argument Barnes could make to compel the college to furnish him a statement of reasons for the failure to rehire him and an opportunity for a hearing?
A. There is no evidence that tenured teachers are any more qualified than he is.
B. He leased a home in reliance on an oral promise of reemployment by the college president.
C. He was the only teacher at the college whose contract was not renewed that year.
D. In the expectation of remaining at the college, he had just moved his elderly parents to the town in which the college is located.
Answer: B
Barnes was hired as an assistant professor of mathematics at Reardon State College and is now in his third consecutive one-year contract. Under state law, he cannot acquire tenure until after five consecutive annual contracts. In his third year, Barnes was notified that he was not being rehired for the following year. Applicable state law and college rules did not require either a statement of reasons or a hearing, and in fact neither was offered to BarnesWhich of the following, if established, most strongly supports the college in refusing to give Barnes a statement of reasons or an opportunity for a hearing?
A. Barnes' academic performance had been substandard. 19
B. A speech he made that was critical of administration policies violated a college regulation concerning teacher behavior.
C. Barnes worked at the college for less than five years.
D. Barnes could be replaced with a more competent teacher
Answer: C
National regulation of predatory wild animals on federal lands is most likely
A. constitutional, because the protection of wild animals is important to the general welfare. 
B. constitutional, because Congress has authority to make regulations respecting federal property. 
C. unconstitutional, because wild animals as defined by state common law are not federal property. 
D. unconstitutional, because regulation and control of wild animals is retained by the states under the Tenth Amendment.
Answer: B
By her validly executed will, Sallie devised a certain tract of land to her son, Ben, for his life with remainder to such of Ben's children as should be living at his death, "Provided, however, that no such child of Ben shall mortgage or sell, or attempt to mortgage or sell, his or her interest in the property prior to attaining 25 years of age; and, if any such child of Ben shall violate this provision, then upon such violation his or her interest shall pass to and become the property of the remaining children of Ben then living, share and share alike." Sallie's will included an identical provision for each of her four other children concerning four other tracts of land. The residuary clause of the will gave the residuary estate to Sallie's five children equally. Sallie died and was survived by the five children named in her will and by 11 grandchildren. Several additional grandchildren have since been born. In an action for a declaration of rights, it was claimed that the attempted gifts to Sallie's grandchildren were entirely void and that the interests following the life estates to Sallie's children passed to the children absolutely by the residuary clause. Assuming that the action was properly brought with all necessary parties and with a guardian ad litem appointed to represent the interests of unborn and infant grandchildren, the decision should be that
A. the attempted gifts to grandchildren are void under the Rule Against Perpetuities.
B. the attempted gifts to grandchildren are void as unlawful restraints on alienation.
C. the provisions concerning grandchildren are valid and will be upheld according to their terms.
D. even if the provisions against sale or mortgage by the grandchildren are void, the remainders to grandchildren are otherwise valid and will be given effect.
Answer: D
Seth was an elderly widower who lived alone on a small farm which he owned. Except for the farm, including the house and its furnishings, and the usual items of personal clothing and similar things, Seth owned substantially no property. Under proper management, the farm was capable of producing an adequate family income. Because of the usual deterioration accompanying old age, Seth was unable to do farm work or even to provide for his own personal needs. Seth entered into an oral contract with his nephew, Jim, by which Seth agreed to convey the farm to Jim and Jim agreed to move into the house with Seth, operate the farm, and take care of Seth for the rest of his life. The oral contract was silent as to when the land was to be conveyed. Jim, who lived about 50 miles away where he was operating a small business of his own, terminated his business and moved in with Seth. With the assistance of his wife, Jim gave Seth excellent care until Seth died intestate about five years after the date of the contract. In his final years Seth was confined to his bed and required much personal service of an intimate and arduous sort. Seth was survived by his only son, Sol, who was also Seth's sole heir and next of kin. Sol resided in a distant city and gave his father no attention in his father's final years. Sol showed up for Seth's funeral and demanded that Jim vacate the farm immediately. Upon Jim's refusal to do so, Sol brought an appropriate action for possession. Jim answered by way of a counterclaim to establish Jim's right to possession and title to the farm. 20 If the court's decision is in favor of Jim, it will be because
A. the land is located in a state where the Statute of Frauds will not be applied if there has been such part performance as will result in an irreparable hardship if the contract is not performed.
B. the land is located in a state where the Statute of Frauds will not be applied if there has been part performance that is by its very nature unequivocally referable to the contract.
C. Sol is precluded by the "clean hands" doctrine from enforcing his claim against Jim 
D. the blood relationship of uncle-nephew is sufficient to remove the necessity for any writing to satisfy the Statute of Frauds.
Answer: A
The following events took place in a state that does not recognize common law marriage. The state does recognize the common law estate of tenancy by the entirety and has no statute on the subject. Wade Sloan and Mary Isaacs, who were never formally married, lived together over a sevenyear period. During this time Mary identified herself as "Mrs. Sloan" with the knowledge and consent of Wade. Wade and Mary maintained several charge accounts at retail stores under the names "Mr. and Mrs. Wade Sloan," and they filed joint income tax returns as Mr. and Mrs. Sloan. Within this period Wade decided to buy a home. The deed was in proper form and identified the grantees as "Wade Sloan and Mary Sloan his wife, and their heirs and assigns forever as tenants by the entirety." Wade made a down payment of $10,000 and gave a note and mortgage for the unpaid balance. Both Wade and Mary signed the note and mortgage for the unpaid balance. Both Wade and Mary signed the note and mortgage as husband and wife. Wade made the monthly payments as they became due until he and Mary had a disagreement and he abandoned her and the house. Mary then made the payments for three months. She then brought an action against Wade for partition of the land in question. The prayer for partition should be
A. denied, because a tenant by the entirety has no right to partition 
B. denied, because Wade has absolute title to the property. 
C. granted, because the tenancy by the entirety that was created by the deed was severed when Wade abandoned Mary. 
D. granted, because the estate created by the deed was not a tenancy by the entirety.
Answer: D
Sand Company operated an installation for distributing sand and gravel. The installation was adjacent to a residential area. On Sand's grounds there was a chute with polished metal sides for loading sand and gravel into trucks. The trucks being loaded stopped on the public street below the chute. After closing hours, a plywood screen was placed in the chute and the ladder used for inspection was removed to another section of the installation. For several months, however, a number of children, eight to ten years of age, had been playing on Sand's property and the adjoining street after closing hours. The children found the ladder and also discovered that they could remove the plywood screen from the chute and slide down to the street below. Sand knew of this activity. One evening, the children were using the chute as a play device. As an automobile driven by Commuter approached the chute, Ladd, an eight-year-old boy, slid down just in front of the automobile. Commuter applied her brakes, but they suddenly failed, and she hit and injured Ladd. Commuter saw the child in time to have avoided hitting him if her brakes had worked properly. Two days previously, Commuter had taken her car to Garage to have her brakes inspected. Garage inspected the brakes and told her that the brakes were in perfect working order. Claims were asserted on behalf of Ladd by his proper legal representative against Sand, Commuter, and Garage."On Ladd's claim against Sand, will Ladd prevail?
A. Yes, if Sand could have effectively secured the chute at moderate cost. 
B. Yes, because Sand is strictly liable for harm resulting from an artificial condition on its property. 
C. No, if Commuter had the last clear chance to avoid the injury. 
D. No, because Ladd was a trespasser
Answer: A