ncoop57/mmmlu huggingface dataset:
Penn sued Duke's Bar for injuries suffered in an automobile accident caused by Chase, who had been a patron of Duke's Bar. Penn claimed that Chase was permitted to drink too much liquor at Duke's Bar before the accidentPenn offered evidence that, after the accident, the manager of Duke's Bar established house rules limiting all customers to two drinks per hour, with a maximum limit of four drinks per night. This evidence is
A. admissible to show that the prior conduct of Duke's Bar was negligent.
B. admissible to show that Duke's Bar was aware of the need for taking precautionary measures.
C. inadmissible, because subsequent measures by an employee are not binding on Duke's Bar. 
D. inadmissible, because its admission would discourage the taking of such remedial measures
Answer: D
Penn sued Duke's Bar for injuries suffered in an automobile accident caused by Chase, who had been a patron of Duke's Bar. Penn claimed that Chase was permitted to drink too much liquor at Duke's Bar before the accidentPenn offered evidence that, after the accident, the owner of Duke's Bar visited him at the hospital and, offering to pay all of Penn's medical expenses, said, "That's the least I can do after letting Chase leave the bar so drunk last night." The statement that Chase was drunk when he left the bar on the night of the accident is
A. admissible as an admission by the owner of Duke's Bar that Chase was drunk when he left the bar.
B. admissible as a factual admission made in connection with an offer of compromise.
C. inadmissible as hearsay, not within any exception 
D. inadmissible as a statement made in connection with an offer to pay medical expenses.
Answer: A
In a narcotics conspiracy prosecution against Daly, the prosecutor offers in evidence a tape recording of a telephone call allegedly made by Daly. A lay witness is called to testify that the voice on the recording is Daly's. Her testimony to which of the following would be the LEAST sufficient basis for admitting the recording?
A. She had heard the same voice on a similar tape recording identified to her by Daly's brother.
B. She had heard Daly speak many times, but never over the telephone. 
C. She had, specifically for the purpose of preparing to testify, talked with Daly over the telephone at a time after the recording was made. 
D. She had been present with Daly when he engaged in the conversation in question but had heard only Daly's side of the conversation
Answer: A
Devlin was the owner of a large subdivision. Parnell became interested in purchasing a lot but could not decide between Lot 40 and Lot 41. The price and fair market value of each of those two lots was $5,000. Parnell paid Devlin $5,000, which Devlin accepted, and Devlin delivered to Parnell a deed which was properly executed, complete, and ready for recording in every detail except that the space in the deed for the lot number was left blank. Devlin told Parnell to fill in either Lot 40 or Lot 41 according to his decision and then to record the deed. Parnell visited the development the next day and completely changed his mind, selecting Lot 25. He filled in Lot 25 and duly recorded the deed. The price of Lot 25 and its fair market value was $7,500.Immediately upon learning what Parnell had done, Devlin brought an appropriate action against Parnell to rescind the transaction. If Devlin loses, the most likely basis for the judgment is that
A. Devlin's casual business practices created his loss.
B. the need for certainty in land title records controls.
C. the agency implied to complete the deed cannot be restricted by the oral understanding.
D. the recording of the deed precludes any questioning of its provisions in its recorded form.
Answer: C
Devlin was the owner of a large subdivision. Parnell became interested in purchasing a lot but could not decide between Lot 40 and Lot 41. The price and fair market value of each of those two lots was $5,000. Parnell paid Devlin $5,000, which Devlin accepted, and Devlin delivered to Parnell a deed which was properly executed, complete, and ready for recording in every detail except that the space in the deed for the lot number was left blank. Devlin told Parnell to fill in either Lot 40 or Lot 41 according to his decision and then to record the deed. Parnell visited the development the next day and completely changed his mind, selecting Lot 25. He filled in Lot 25 and duly recorded the deed. The price of Lot 25 and its fair market value was $7,500.Assume the following facts for this question only. Before Devlin had time to learn of Parnell's actions, Parnell sold Lot 25 to Caruso for $6,000 by a duly and properly executed, delivered, and recorded warranty deed. Caruso knew that Devlin had put a price of $7,500 on 14 Lot 25, but he knew no other facts regarding the Devlin-Parnell transaction. Caruso's attorney accurately reported Parnell's record title to be good, marketable, and free of encumbrances. Neither Caruso nor his attorney made any further investigation outside the record. Devlin brought an appropriate action against Caruso to recover title to Lot 25. If Devlin loses, the most likely basis for the judgment is that
A. the Statute of Frauds prevents the introduction of any evidence of Devlin's and Parnell's agreement
B. recording of the deed from Devlin to Parnell precludes any question of its genuineness.
C. as between Devlin and a bona fide purchaser, Devlin is estopped. 
D. the clean hands doctrine bars Devlin from relief
Answer: C
Ohner owns the Acme Hotel. When the International Order of Badgers came to town for its convention, its members rented 400 of the 500 rooms, and the hotel opened its convention facilities to them. Badgers are a rowdy group, and during their convention they littered both the inside and the outside of the hotel with debris and bottles. The hotel manager knew that objects were being thrown out of the hotel windows. At his direction, hotel employees patrolled the hallways telling the guests to refrain from such conduct. Ohner was out of town and was not aware of the problems which were occurring. During the convention, as Smith walked past the Acme Hotel on the sidewalk, he was hit and injured by an ashtray thrown out of a window in the hotel. Smith sued Ohner for damages for his injuries. Will Smith prevail in his claim against Ohner?
A. Yes, because a property owner is strictly liable for acts on his premises if such acts cause harm to persons using the adjacent public sidewalks. 
B. Yes, if the person who threw the ashtray cannot be identified. 
C. No, because Ohner had no personal knowledge of the conduct of the hotel guests. 
D. No, if the trier of fact determines that the hotel employees had taken reasonable precautions to prevent such an injur
Answer: D
While negligently driving his father's uninsured automobile, 25-year-old Arthur crashed into an automobile driven by Betty. Both Arthur and Betty were injured. Charles, Arthur's father, erroneously believing that he was liable because he owned the automobile, said to Betty, "I will see to it that you are reimbursed for any losses you incur as a result of the accident." Charles also called Physician and told him to take care of Betty, and that he, Charles, would pay the bill. Arthur, having no assets, died as a result of his injuries. Dodge, one of Arthur's creditors, wrote to Charles stating that Arthur owed him a clothing bill of $200 and that he was going to file a claim against Arthur's estate. Charles replied, "If you don't file a claim against Arthur's estate, I will pay what he owed you.""In an action by Betty against Charles for wages lost while she was incapacitated as a result of the accident, which of the following would be Charles's best defense?
A. Lack of consideration
B. Mistake of fact as to basic assumption
C. Statute of Frauds
D. Indefiniteness of Charles's promis
Answer: A
While negligently driving his father's uninsured automobile, 25-year-old Arthur crashed into an automobile driven by Betty. Both Arthur and Betty were injured. Charles, Arthur's father, erroneously believing that he was liable because he owned the automobile, said to Betty, "I will see to it that you are reimbursed for any losses you incur as a result of the accident." Charles also called Physician and told him to take care of Betty, and that he, Charles, would pay the bill. Arthur, having no assets, died as a result of his injuries. Dodge, one of Arthur's creditors, wrote to Charles stating that Arthur owed him a clothing bill of $200 and that he was going to file a claim against Arthur's estate. Charles replied, "If you don't file a claim against Arthur's estate, I will pay what he owed you.""Which of the following, if true, would be significant in determining whether or not there was bargained-for consideration to support Charles's promise to Physician? I. Physician had not begun treating Betty before Charles called him. II. Charles had a contract with Betty.
A. I only
B. II only
C. Both I and II
D. Neither I nor I
Answer: C
While negligently driving his father's uninsured automobile, 25-year-old Arthur crashed into an automobile driven by Betty. Both Arthur and Betty were injured. Charles, Arthur's father, erroneously believing that he was liable because he owned the automobile, said to Betty, "I will see to it that you are reimbursed for any losses you incur as a result of the accident." Charles also called Physician and told him to take care of Betty, and that he, Charles, would pay the bill. Arthur, having no assets, died as a result of his injuries. Dodge, one of Arthur's creditors, wrote to Charles stating that Arthur owed him a clothing bill of $200 and that he was going to file a claim against Arthur's estate. Charles replied, "If you don't file a claim against Arthur's estate, I will pay what he owed you.""If Physician discontinued treating Betty before she had fully recovered and Betty brought an action against Physician for breach of contract, which of the following arguments, if any, by Physician would probably be effective in defense? I. Betty furnished no consideration, either express or implied. II. Physician's contract was with Charles and not with Betty. 15 III. Whatever contract Physician may have had with Betty was discharged by novation on account of the agreement with Charles.
A. I only
B. I and II only
C. II and III only
D. Neither I nor II nor II
Answer: D
While negligently driving his father's uninsured automobile, 25-year-old Arthur crashed into an automobile driven by Betty. Both Arthur and Betty were injured. Charles, Arthur's father, erroneously believing that he was liable because he owned the automobile, said to Betty, "I will see to it that you are reimbursed for any losses you incur as a result of the accident." Charles also called Physician and told him to take care of Betty, and that he, Charles, would pay the bill. Arthur, having no assets, died as a result of his injuries. Dodge, one of Arthur's creditors, wrote to Charles stating that Arthur owed him a clothing bill of $200 and that he was going to file a claim against Arthur's estate. Charles replied, "If you don't file a claim against Arthur's estate, I will pay what he owed you.""If Dodge did not file action against Arthur's estate, would Dodge succeed in an action against Charles for $200?
A. Yes, because Dodge had detrimentally relied on Charles's promise. 
B. Yes, because Charles's promise was supported by a bargained-for exchange. 
C. No, because Dodge's claim against Arthur's estate was worthless. 
D. No, because Charles at most had only a moral obligation to pay Arthur's debts
Answer: B
While negligently driving his father's uninsured automobile, 25-year-old Arthur crashed into an automobile driven by Betty. Both Arthur and Betty were injured. Charles, Arthur's father, erroneously believing that he was liable because he owned the automobile, said to Betty, "I will see to it that you are reimbursed for any losses you incur as a result of the accident." Charles also called Physician and told him to take care of Betty, and that he, Charles, would pay the bill. Arthur, having no assets, died as a result of his injuries. Dodge, one of Arthur's creditors, wrote to Charles stating that Arthur owed him a clothing bill of $200 and that he was going to file a claim against Arthur's estate. Charles replied, "If you don't file a claim against Arthur's estate, I will pay what he owed you.""Assume that Charles, honestly believing that he owed Dodge nothing, refused to pay anything to Dodge, who honestly believed that Charles owed him $200. If Dodge then accepts $150 from Charles in settlement of the claim, will Dodge succeed in an action against Charles for the remaining $50?
A. Yes, because Arthur's debt of $200 was liquidated and undisputed. 
B. Yes, because Dodge honestly believed that he had a legal right against Charles for the full $200. 
C. No, because Charles honestly believed that Dodge did not have a legal right against him for the $200. 
D. No, because Charles was not contractually obligated to pay Dodge $200 in the first plac
Answer: C
Until 1954, the state of New Atlantic required segregation in all public and private schools, but all public schools are now desegregated. Other state laws, enacted before 1954 and continuing to the present, provide for free distribution of the same textbooks on secular subjects to students in all public and private schools. In addition, the state accredits schools and certifies teachers. Little White School, a private school that offers elementary and secondary education in the state denies admission to all non-Caucasians. Stone School is a private school that offers religious instruction."Which of the following is the strongest argument against the constitutionality of free distribution of textbooks to the students at the Little White School?
A. No legitimate educational function is served by the free distribution of textbooks.
B. The state may not in any way aid private schools.
C. The Constitution forbids private bias of any kind.
D. Segregation is furthered by the distribution of textbooks to these students.
Answer: D
Until 1954, the state of New Atlantic required segregation in all public and private schools, but all public schools are now desegregated. Other state laws, enacted before 1954 and continuing to the present, provide for free distribution of the same textbooks on secular subjects to students in all public and private schools. In addition, the state accredits schools and certifies teachers. Little White School, a private school that offers elementary and secondary education in the state denies admission to all non-Caucasians. Stone School is a private school that offers religious instruction."Which of the following is the strongest argument in favor of the constitutionality of free distribution of textbooks to the students at Stone School?
A. Private religious schools, like public nonsectarian schools, fulfill an important educational function. 
B. Religious instruction in private schools is not constitutionally objectionable.
C. The purpose and effect of the free distribution of these textbooks is secular and does not entangle church and state.
D. The free exercise clause requires identical treatment by the state of students in public and private school
Answer: C
Defendant is charged with assault and battery. The state's evidence shows that Victim was struck in the face by Defendant's fist. In which of the following situations is Defendant most likely to be not guilty of assault and battery?
A. Defendant had been hypnotized at a party and ordered by the hypnotist to strike the person he disliked the most.
B. Defendant was suffering from an epileptic seizure and had no control over his motions.
C. Defendant was heavily intoxicated and was shadowboxing without realizing that Victim was near him.
D. Defendant, who had just awakened from a deep sleep, was not fully aware of what was happening and mistakenly thought Victim was attacking him
Answer: B
Leader is a labor leader in Metropolis. Ten years ago he was divorced. Both he and his first wife 16 have since married other persons. Recently, News, a newspaper in another city, ran a feature article on improper influences it asserted had been used by labor officials to secure favorable rulings from government officials. The story said that in 1960 Leader's first wife, with Leader's knowledge and concurrence, gave sexual favors to the mayor of Metropolis and then persuaded him to grant concessions to Leader's union, with which Metropolis was then negotiating a labor contract. The story named Leader and identified his first wife by her former and current surnames. The reporter for News believed the story to be true, since it had been related to him by two very reliable sources. Leader's first wife suffered emotional distress and became very depressed. If she asserts a claim based on defamation against News, she will
A. prevail, because the story concerned her personal, private life. 
B. prevail if the story was false.
C. not prevail, because News did not print the story with knowledge of its falsity or with reckless disregard for its truth or falsity. 
D. not prevail if News exercised ordinary care in determining if the story was true or false
Answer: D
In 1976, Utility constructed a new plant for the generation of electricity. The plant burns lignite, a low-grade fuel which is available in large quantities. Although the plant was constructed in accordance with the best practicable technology, the plant emits a substantial quantity of invisible fumes. The only way Utility can reduce the fumes is by the use of scrubbing equipment that would cost $50,000,000 to install and would increase the retail price of generated electricity by 50 percent while reducing the volume of fumes by only 20 percent. Because of the expense of such equipment and its relative ineffectiveness, no other generating plants burning lignite use such equipment. The plant is located in a sparsely settled rural area, remote from the large city served by Utility. Farmer owned a farm adjacent to the plant. He had farmed the land for 40 years and had lived on the premises. The prevailing winds carry fumes from the new plant over Farmer's land. His 1976 crop was less than half the average size of this crop over the five years immediately preceding the construction of the plant. It can be established that the fumes caused the crop reduction. Farmer's hay fever, from which he had long suffered, became worse in 1976. Physicians advised him that the lignite fumes were affecting it and that serious lung disease would soon result unless he moved away from the plant. He did so, selling his farm at its reasonable market value, which was then $10,000 less than before the construction of the plant."If Farmer asserts a claim based on nuisance against Utility for damages for personal injuries, will Farmer prevail?
A. No, because there is no practicable way for Utility to reduce the fumes. 
B. No, because Utility's acts constituted a public nuisance. 
C. Yes, because Farmer's personal injuries were within the scope of the liability imposed on Utility. 
D. Yes, because the generation of electricity is an ultrahazardous activit
Answer: C
In 1976, Utility constructed a new plant for the generation of electricity. The plant burns lignite, a low-grade fuel which is available in large quantities. Although the plant was constructed in accordance with the best practicable technology, the plant emits a substantial quantity of invisible fumes. The only way Utility can reduce the fumes is by the use of scrubbing equipment that would cost $50,000,000 to install and would increase the retail price of generated electricity by 50 percent while reducing the volume of fumes by only 20 percent. Because of the expense of such equipment and its relative ineffectiveness, no other generating plants burning lignite use such equipment. The plant is located in a sparsely settled rural area, remote from the large city served by Utility. Farmer owned a farm adjacent to the plant. He had farmed the land for 40 years and had lived on the premises. The prevailing winds carry fumes from the new plant over Farmer's land. His 1976 crop was less than half the average size of this crop over the five years immediately preceding the construction of the plant. It can be established that the fumes caused the crop reduction. Farmer's hay fever, from which he had long suffered, became worse in 1976. Physicians advised him that the lignite fumes were affecting it and that serious lung disease would soon result unless he moved away from the plant. He did so, selling his farm at its reasonable market value, which was then $10,000 less than before the construction of the plant."If Farmer asserts a claim based on negligence against Utility for crop damages, will Farmer prevail?
A. No, because Utility was not negligent. 
B. No as to 1976 crop damage, because Farmer did not mitigate damages by selling his farm in 1975. 
C. Yes as to 20 percent of his crop damage, because use of available equipment would have reduced the fumes by 20 percent. 
D. Yes, because operation of the plant constitutes a nuisance
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"If HDS denies liability on the ground that CP had orally agreed to coordinate with HDS's methods of accounting, and CP seeks in litigation to bar introduction of that agreement because of the parol evidence rule, HDS's most effective argument is that
A. the parol evidence rule does not bar the introduction of evidence for the purpose of interpreting a written agreement.
B. the memorandum was not a completely integrated agreement.
C. HDS detrimentally relied on the oral promise of coordination in signing the memorandum
D. the memorandum was not a partially integrated agreement.
Answer: B