ncoop57/mmmlu huggingface dataset:
Leonard was the high priest of a small cult of Satan worshippers living in New Arcadia. As a part of the practice of their religious beliefs, a cat was required to be sacrificed to the glory of Satan after a live dissection of the animal in which it endured frightful pain. In the course of such a religious sacrifice, Leonard was arrested on the complaint of the local humane society and charged under a statute punishing cruelty to animals. On appeal, a conviction of Leonard probably will be 
A. sustained on the grounds that belief in or worship of Satan does not enjoy constitutional protection.
B. sustained on the grounds that sincere religious belief is not an adequate defense on these facts.
C. overturned on the grounds that the constitutionally guaranteed freedom of religion and its expression was violated.
D. overturned on the grounds that the beliefs of the cult members in the need for the sacrifice might be reasonable and that their act was religious
Answer: B
Drew is charged with the murder of Pitt. The prosecutor introduced testimony of a police officer that Pitt told a priest, administering the last rites, "I was stabbed by Drew. Since I am dying, tell him I forgive him." Thereafter, Drew's attorney offers the testimony of Wall that the day before, when Pitt believed he would live, he stated that he had been stabbed by Jack, an old enemy. The testimony of Wall is
A. admissible under an exception to the hearsay rule.
B. admissible to impeach the dead declarant.
C. inadmissible, because it goes to the ultimate issue in the case. 
D. inadmissible, because it is irrelevant to any substantive issue in the case.
Answer: B
An appropriations act passed by Congress over the President's veto directs that one billion dollars "shall be spent" by the federal government for the development of a new military weapons system, which is available only from the Arms Corporation. On the order of the President, the Secretary of Defense refuses to authorize a contract for purchase of the weapons system. The Arms Corporation sues the Secretary of Defense alleging an unlawful withholding of these federal funds. The strongest constitutional argument for the Arms Corporation is that
A. passage of an appropriation over a veto makes the spending mandatory.
B. Congress's power to appropriate funds includes the power to require that the funds be spent as directed.
C. the President's independent constitutional powers do not specifically refer to spending.
D. the President's power to withhold such funds is limited to cases where foreign affairs are directly involved
Answer: B
Ohner holds title in fee simple to a tract of 1,500 acres. He wishes to develop the entire tract as a golf course, country club, and residential subdivision. He contemplates forming a corporation to own and operate the golf course and country club; the stock in the corporation will be distributed to the owners of lots in the residential portions of the subdivision, but no obligation to issue the stock is to ripen until all the residential lots are sold. The price of the lots is intended to return enough money to compensate Ohner for the raw land, development costs (including the building of the golf course and the country club facilities), and developer's profit, if all of the lots are sold. Ohner's market analyses indicate that he must create a scheme of development that will offer prospective purchasers (and their lawyers) a very high order of assurance that several aspects will be clearly established: 1. Aside from the country club and golf course, there will be no land use other than for residential use and occupancy in the 1,500 acres. 2. The residents of the subdivision will have unambiguous rights of access to the club and golf course facilities. 3. Each lot owner must have an unambiguous right to transfer the lot to a purchaser with all original benefits. 4. Each lot owner must be obligated to pay annual dues to a pro rata share (based on the number of lots) of the club's annual operating deficit (whether or not such owner desires to make use of club and course facilities)."In the context of all aspects of the scheme, which of the following will offer the best chance of implementing the requirement that each lot owner pay annual dues to support the club and golf course?
A. Covenant.
B. Easement.
C. Mortgage.
D. Personal contractual obligation by each purchaser
Answer: A
Ohner holds title in fee simple to a tract of 1,500 acres. He wishes to develop the entire tract as a golf course, country club, and residential subdivision. He contemplates forming a corporation to own and operate the golf course and country club; the stock in the corporation will be distributed to the owners of lots in the residential portions of the subdivision, but no obligation to issue the stock is to ripen until all the residential lots are sold. The price of the lots is intended to return enough money to compensate Ohner for the raw land, development costs (including the building of the golf course and the country club facilities), and developer's profit, if all of the lots are sold. Ohner's market analyses indicate that he must create a scheme of development that will offer prospective purchasers (and their lawyers) a very high order of assurance that several aspects will be clearly established: 1. Aside from the country club and golf course, there will be no land use other than for residential use and occupancy in the 1,500 acres. 2. The residents of the subdivision will have unambiguous rights of access to the club and golf course facilities. 3. Each lot owner must have an unambiguous right to transfer the lot to a purchaser with all original benefits. 4. Each lot owner must be obligated to pay annual dues to a pro rata share (based on the number of lots) of the club's annual operating deficit (whether or not such owner desires to make use of club and course facilities)."Of the following, the greatest difficulty that will be encountered in establishing the scheme is that
A. any judicial recognition will be construed as state action which, under current doctrines, raises a substantial question as to whether such action would be in conflict with the Fourteenth Amendment. 
B. the scheme, if effective, renders title unmarketable. 
C. one or more of the essential aspects outlined by Ohner will result in a restraint on alienation.
D. there is a judicial reluctance to recognize an affirmative burden to pay money in installments and over an indefinite period as a burden which can be affixed to bind future owners of land
Answer: D
Rogers gave Mitchell a power of attorney containing the following provision: My attorney, Mitchell, is specifically authorized to sell and convey any part or all of my real property. Mitchell conveyed part of Rogers's land to Stone by deed in the customary form containing covenants of title. Stone sues Rogers for breach of a covenant. The outcome of Stone's suit will be governed by whether
A. deeds without covenants are effective to convey realty.
B. the jurisdiction views the covenants as personal or running with the land.
C. Stone is a bona fide purchaser.
D. the power to "sell and convey" is construed to include the power to execute the usual form of deed used to convey realty
Answer: D
Auto Company, a corporation, was a small dealer in big new cars and operated a service department. Peter wanted to ask Mike, the service manager, whether Auto Company would check the muffler on his small foreign car. Peter parked on the street near the service department with the intention of entering that part of the building by walking through one of the three large entrances designed for use by automobiles. There was no street entrance to the service department for individuals, and customers as well as company employees often used the automobile entrances. As Peter reached the building, he glanced behind him to be sure no vehicle was approaching that entrance. Seeing none, he walked through the entrance, but immediately he was struck on the back of the head and neck by the large overhead door which was descending. The blow knocked Peter unconscious and caused permanent damage. Peter did not know how the door was raised and lowered; however, the overhead door was operated by the use of either of two switches in the building. One switch was located in the office of the service manager and the other was located near the door in the service work area for the convenience of the mechanics. On this occasion, no one was in the service work area except three Auto Company mechanics. Mike, who had been in his office, and the three mechanics denied having touched a switch that would have lowered the door. Subsequent investigation showed, however, that the switches were working properly and that all of the mechanisms for moving the door were in good working order. If Peter asserts a claim based on negligence against Auto Company, Peter probably will
A. recover, because Auto Company is strictly liable under the circumstance. 
B. recover, because an employee of Auto Company was negligent. 
C. not recover, because Peter was a licensee. 
D. not recover, because Peter assumed the risk. 
Answer: B
In a trial between Jones and Smith, an issue arose about Smith's ownership of a horse that had caused damage to Jones's crops.Jones offered to testify that he looked up Smith's telephone number in the directory, that he called that number, and that a voice answered, "This is Smith speaking." At this, Jones asked, "Was that your horse that tramped across my cornfield this afternoon?" The voice replied, "Yes." The judge should rule the testimony
A. admissible, because the answering speaker's identification of himself, together with the usual accuracy of the telephone directory and transmission system, furnishes sufficient authentication. 
B. admissible, because judicial notice may be taken of the accuracy of telephone directories. 
C. inadmissible unless Jones can further testify that he was familiar with Smith's voice and that it was in fact Smith to whom he spoke.
D. inadmissible unless Smith has first been asked whether or not the conversation took place and has been given the opportunity to admit, deny, or explain.
Answer: A
In a trial between Jones and Smith, an issue arose about Smith's ownership of a horse that had caused damage to Jones's crops.Jones seeks to introduce into evidence a photograph of his cornfield in order to depict the nature and extent of the damage done. The judge should rule the photograph
A. admissible if Jones testifies that it fairly and accurately portrays the condition of the cornfield after the damage was done.
B. admissible if Jones testifies that the photograph was taken within a week after the alleged occurrence.
C. inadmissible if Jones fails to call the photographer to testify concerning the circumstances under which the photograph was taken
D. inadmissible if it is possible to describe the damage to the cornfield through direct oral testimony.
Answer: A
Defendant, an avid fan of his hometown football team, shot at the leg of a star player for a rival team, intending to injure his leg enough to hospitalize him for a few weeks, but not to kill him. The victim died of loss of blood. Select from the choices (A D) the most serious offense of which the defendant could be properly convicted.
A. Involuntary manslaughter
B. Voluntary manslaughter
C. Murder
D. None of the abov
Answer: C
Defendant, a worker in a metalworking shop, had long been teasing Vincent, a young colleague, by calling him insulting names and ridiculing him. One day Vincent responded to the teasing by picking up a metal bar and attacking Defendant. Defendant could have escaped from the shop. He parried the blow with his left arm, and with his right hand struck Vincent a blow on his jaw from which the young man died. Select from the choices (A D) the most serious offense of which the defendant could be properly convicted.
A. Involuntary manslaughter
B. Voluntary manslaughter
C. Murder
D. None of the abov
Answer: D
Patty sued Mart Department Store for personal injuries, alleging that while shopping she was knocked to the floor by a merchandise cart being pushed by Handy, a stock clerk, and that as a consequence her back was injured. Handy testified that Patty fell near the cart but was not struck by it. Thirty minutes after Patty's fall, Handy, in accordance with regular practice at Mart, filled out a printed form, "Employee's Report of Accident Mart Department Store," in which he stated that Patty had been leaning over to spank her young child and in so doing had fallen near his cart. Counsel for Mart offers in evidence the report, which was given to him by Handy's supervisor. The judge should rule the report offered by Mart
A. admissible as res gestae.
B. admissible as a business record.
C. inadmissible, because it is hearsay, not within any exception. 
D. inadmissible, because Handy is available as a witnes
Answer: C
Householder hired Contractor to remodel Householder's kitchen. She had learned of Contractor through a classified advertisement he placed in the local newspaper. During the telephone conversation in which she hired him, Contractor stated that he was experienced and qualified to do all necessary work. Because of Contractor's low charge for his work, he and Householder agreed in writing that on acceptance of his job by Householder, Contractor would have no further liability to her or to anyone else for any defects in materials or workmanship, and that she would bear all such costs. Householder purchased a dishwasher manufactured by Elex Company from Dealer, who was in the retail electrical appliance business. The dishwasher was sold by Dealer with only the manufacturer's warranty and with no warranty by Dealer; Elex Company restricted its warranty to ninety days on parts and labor. Contractor installed the dishwasher Two months after Householder accepted the entire job, she was conversing in her home with Accountant, an acquaintance who had agreed to prepare her income tax return gratuitously. As they talked, they noticed that the dishwasher was operating strangely, repeatedly stopping and starting. At Householder's request, Accountant gave it a cursory examination and, while inspecting it, received a violent electrical shock which did him extensive harm. The dishwasher had an internal wiring defect which allowed electrical current to be carried into the framework and caused the machine to malfunction. The machine had not been adequately grounded by Contractor during installation; if it had been, the current would have been led harmlessly away. The machine carried instructions for correct grounding, which Contractor had not followed. If Accountant asserts a claim based on strict liability against Elex Company for damages, the probable result is that Accountant will
A. recover, because the dishwasher was defectively made. 
B. recover, because Elex Company is vicariously liable for the improper installation. 
C. not recover, because he assumed the risk by inspecting the machine. 
D. not recover, because he was not the purchaser
Answer: A
The State of Missoula has enacted a new election code designed to increase voter responsibility in the exercise of the franchise and to enlarge citizen participation in the electoral process. None of its provisions conflicts with federal statutes.Which of the following is the strongest reason for finding unconstitutional a requirement in the Missoula election code that each voter must be literate in English?
A. The requirement violates Article I, Section 2 of the Constitution, which provides that representatives to Congress be chosen "by the People of the several States." 
B. The requirement violates Article I, Section 4 of the Constitution, which gives Congress the power to "make or alter" state regulations providing for the "Times" and "Manner" of holding elections for senators and representatives. 
C. the requirement violates the due process clause of the Fourteenth Amendment.
D. The requirement violates the equal protection of the laws clause of the Fourteenth Amendment.
Answer: D
The State of Missoula has enacted a new election code designed to increase voter responsibility in the exercise of the franchise and to enlarge citizen participation in the electoral process. None of its provisions conflicts with federal statutes.The Missoula election code provides that in a special-purpose election for directors of a state watershed improvement district, the franchise is limited to landowners within the district, because they are the only ones directly affected by the outcome. Each vote is weighted according to the proportion of the holding of that individual in relation to the total affected property. The best argument in support of the statute and against the application of the "one man, one vote" principle in this situation is that the principle
A. applies only to elections of individuals to statewide public office.
B. does not apply where property rights are involved.
C. does not apply, because the actions of such a district principally affect landowners. 
D. does not apply, because of rights reserved to the states by the Tenth Amendment
Answer: C
Testator devised his farm "to my son, Selden, for life, then to Selden's children and their heirs and assigns." Selden, a widower, had two unmarried adult children In appropriate action to construe the will, the court will determine that the remainder to children is 
A. indefeasibly vested.
B. contingent.
C. vested subject to partial defeasance.
D. vested subject to complete defeasance
Answer: C
Alpha and Beta made a written contract pursuant to which Alpha promised to convey a specified apartment house to Beta in return for Beta's promise (1) to convey a 100-acre farm to Alpha and (2) to pay Alpha $1,000 in cash six months after the exchange of the apartment house and the farm. The contract contained the following provision: "It is understood and agreed that Beta's obligation to pay the $1,000 six months after the exchange of the apartment house and the farm shall be voided if Alpha has not, within three months after the aforesaid exchange, removed the existing shed in the parking area in the rear of the said apartment house.""Which of the following statements concerning the order of performances is LEAST accurate?
A. Alpha's tendering of good title to the apartment house is a condition precedent to Beta's duty to convey good title to the farm.
B. Beta's tendering of good title to the farm is a condition precedent to Alpha's duty to convey good title to the apartment house.
C. Beta's tendering of good title to the farm is a condition subsequent to Alpha's duty to convey good title to the apartment house.
D. Alpha's tendering of good title to the apartment house and Beta's tendering of good title to the farm are concurrent conditions
Answer: C
Alpha and Beta made a written contract pursuant to which Alpha promised to convey a specified apartment house to Beta in return for Beta's promise (1) to convey a 100-acre farm to Alpha and (2) to pay Alpha $1,000 in cash six months after the exchange of the apartment house and the farm. The contract contained the following provision: "It is understood and agreed that Beta's obligation to pay the $1,000 six months after the exchange of the apartment house and the farm shall be voided if Alpha has not, within three months after the aforesaid exchange, removed the existing shed in the parking area in the rear of the said apartment house.""Alpha's removal of the shed from the parking area of the apartment house is
A. a condition subsequent in form but precedent in substance to Beta's duty to pay the $1,000. 
B. a condition precedent in form but subsequent in substance to Beta's duty to pay the $1,000. 
C. a condition subsequent to Beta's duty to pay the $1,000. 67 
D. not a condition, either precedent or subsequent, to Beta's duty to pay the $1,000
Answer: A
Johnson took a diamond ring to a pawnshop and borrowed $20 on it. It was agreed that the loan was to be repaid within 60 days and if it was not, the pawnshop owner, Defendant, could sell the ring. A week before expiration of the 60 days, Defendant had an opportunity to sell the ring to a customer for $125. He did so, thinking it unlikely that Johnson would repay the loan and that if he did, Defendant would be able to handle him somehow, even by paying him for the ring if necessary. Two days later, Johnson came in with the money to reclaim his ring. Defendant told him that it had been stolen when his shop was burglarized one night and that therefore he was not responsible for its loss. Larceny, embezzlement, and false pretenses are separate crimes in the jurisdiction."It is most likely that Defendant has committed which of the following crimes?
A. Larceny.
B. Embezzlement.
C. Larceny by trick.
D. Obtaining by false pretenses
Answer: B
Johnson took a diamond ring to a pawnshop and borrowed $20 on it. It was agreed that the loan was to be repaid within 60 days and if it was not, the pawnshop owner, Defendant, could sell the ring. A week before expiration of the 60 days, Defendant had an opportunity to sell the ring to a customer for $125. He did so, thinking it unlikely that Johnson would repay the loan and that if he did, Defendant would be able to handle him somehow, even by paying him for the ring if necessary. Two days later, Johnson came in with the money to reclaim his ring. Defendant told him that it had been stolen when his shop was burglarized one night and that therefore he was not responsible for its loss. Larceny, embezzlement, and false pretenses are separate crimes in the jurisdiction."Suppose in the case above, instead of denying liability, Defendant told Johnson the truth that he sold the ring because he thought Johnson would not reclaim it and offered to give Johnson $125. Johnson demanded his ring. Defendant said, "Look, buddy, that's what I got for it, and it's more than it's worth." Johnson reluctantly took the money. Defendant could most appropriately be found guilty of
A. larceny.
B. embezzlement.
C. false pretenses.
D. none of the above
Answer: B
Brown contended that Green owed him $6,000. Green denied that he owed Brown anything. Tired of the dispute, Green eventually signed a promissory note by which he promised to pay Brown $5,000 in settlement of their dispute. In an action by Brown against Green on the promissory note, which of the following, if true, would afford Green the best defense?
A. Although Brown honestly believed that $6,000 was owed by Green, Green knew that it was not owed. 
B. Although Brown knew that the debt was not owed, Green honestly was in doubt as to whether it was owed. 
C. The original claim was based on an oral agreement, which the Statute of Frauds required to be in writing. 
D. The original claim was an action on a contract, which was barred by the applicable statute of limitations
Answer: B