ncoop57/mmmlu huggingface dataset:
Structo contracted with Bailey to construct for $500,000 a warehouse and an access driveway at highway level. Shortly after commencing work on the driveway, which required for the specified level some excavation and removal of surface material, Structo unexpectedly encountered a large mass of solid rock. For this question only, assume the following facts. Structo informed Bailey (accurately) that because of the rock the driveway as specified would cost at least $20,000 more than figured, and demanded for that reason a total contract price of $520,000. Since Bailey was expecting price of $520,000. Since Bailey was expecting warehousing customers immediately after the agreed completion date, he signed a writing promising to pay the additional $20,000. Following timely completion of the warehouse and driveway, which conformed to the contract in all respects, Bailey refused to pay Structo more than $500,000. What is the maximum amount to which Structo is entitled? 
A. $500,000, because there was no consideration for Bailey's promise to pay the additional $20,000. 
B. $500,000, because Bailey's promise to pay the additional $20,000 was exacted under duress. 
C. $520,000, because the modification was fair and was made in the light of circumstances not anticipated by the parties when the original contract was made. 
D. $520,000, provided that the reasonable value of Structo's total performance was that much or more. 
Answer: C
Structo contracted with Bailey to construct for $500,000 a warehouse and an access driveway at highway level. Shortly after commencing work on the driveway, which required for the specified level some excavation and removal of surface material, Structo unexpectedly encountered a large mass of solid rock. For this question only, assume the following facts. Upon encountering the rock formation, Structo, instead of incurring additional costs to remove it, built the access driveway over the rock with a steep grade down to the highway. Bailey, who was out of town for several days, was unaware of this nonconformity until the driveway had been finished. As built, it is too steep to be used safely by trucks or cars, particularly in the wet or icy weather frequently occurring in the area. It would cost $30,000 to tear out and rebuild the driveway at highway level. As built, the warehouse, including the driveway, has a fair market value of $550,000. Bailey has paid $470,000 to Structo, but refuses to pay more because of the nonconforming driveway, which Structo has refused to tear out and rebuild. If Structo sues Bailey for monetary relief, what is the maximum amount Structo is entitled to recover? 
A. $30,000, because the fair market value of the warehouse and driveway "as is" exceeds the contract price by $50,000 (more than the cost of correcting the driveway). 
B. $30,000, because Structo substantially performed and the cost of correcting the driveway would involve economic waste. 
C. $30,000, minus whatever amount Structo saved by not building the driveway at the specified level. 
D. Nothing, because Bailey is entitled to damages for the cost of correcting the driveway. 
Answer: D
Larson was charged with the murder of a man who had been strangled and whose body was found in some woods near his home. Larson suffers from a neurological problem that makes it impossible for him to remember an occurrence for longer than 48 hours. occurrence for longer than 48 hours. After Larson was charged, the police visited him and asked if they might search his home. Larson consented. The police found a diary written by Larson. An entry dated the same day as the victim's disappearance read, "Indescribable excitement. Why did no one ever tell me that killing gave such pleasure to the master?" Larson was charged with murder. His attorney has moved to exclude the diary from evidence on the ground that its admission would violate Larson's privilege against self-incrimination. Counsel has also argued that Larson could not give informed consent to the search because more than 48 hours had passed since the making of the entry and hence he could not remember the existence of the incriminating entry at the time he gave his consent. There is no evidence that the police officers who secured Larson's consent to the search were aware of his memory impairment. With regard to the diary, the court should 
A. admit it, because Larson's consent was not obtained by intentional police misconduct and Larson was not compelled to make the diary entry. 
B. admit it, pursuant to the good-faith exception to the exclusionary rule. 
C. exclude it, because Larson was not competent to consent to a search. 
D. exclude it, because use of the diary as evidence would violate Larson's privilege against self-incrimination. 
Answer: A
In contract litigation between Pixley and Dill, a fact of consequence to the determination of the action is whether Pixley provided Dill with a required notice at Dill's branch office "in the state capital." Pixley introduced evidence that he gave notice at Dill's office in the city of Capitan. Although Capitan is the state's capital, Pixley failed to offer proof of that fact. Which of the following statements is most clearly correct with respect to possible judicial clearly correct with respect to possible judicial notice of the fact that Capitan is the state's capital? 
A. The court may take judicial notice even though Pixley does not request it.
B. The court may take judicial notice only if Pixley provides the court with an authenticated copy of the statute that designates Capitan as the capital.
C. If the court takes judicial notice, the burden of persuasion on the issue of whether Capitan is the capital shifts to Dill. 
D. If the court takes judicial notice, it should instruct the jury that it may, but is not required to, accept as conclusive the fact that Capitan is the capital. 
Answer: A
A statute of the state of East Dakota requires each insurance company that offers burglary insurance policies in the state to charge a uniform rate for such insurance to all of its customers residing within the same county in that state. So long as it complies with this that state. So long as it complies with this requirement, a company is free to charge whatever rate the market will bear for its burglary insurance policies. An insurance company located in the state of East Dakota files suit in federal district court against appropriate East Dakota state officials to challenge this statute on constitutional grounds. The insurance company wishes to charge customers residing within the same county in East Dakota rates for burglary insurance policies that will vary because they would be based on the specific nature of the customer's business, on its precise location, and on its past claims record. In this suit, the court should 
A. hold the statute unconstitutional, because the statute deprives the insurance company of its liberty or property without due process of law. 
B. hold the statute unconstitutional, because the statute imposes an undue burden on interstate commerce. 
C. hold the statute constitutional, because the statute is a reasonable exercise of the state's police power. 
D. abstain from ruling on the merits of this case until the state courts have had an opportunity to pass on the constitutionality of this state statute.
Answer: C
Dawson was charged with felony murder because of his involvement in a bank robbery. The evidence at trial disclosed that Smith invited Dawson to go for a ride in his new car, and after a while asked Dawson to drive. As Smith and Dawson drove around town, Smith explained to Dawson that he planned to rob the bank and that he needed Dawson to drive the getaway car. Dawson agreed to drive to the bank and to wait outside while Smith went in to rob it. As they approached the bank, Dawson began to regret his agreement to help with the robbery. Once there, Smith got out of with the robbery. Once there, Smith got out of the car. As Smith went out of sight inside the bank, Dawson drove away and went home. Inside the bank, Smith killed a bank guard who tried to prevent him from leaving with the money. Smith ran outside and, finding that his car and Dawson were gone, ran down an alley. He was apprehended a few blocks away. Dawson later turned himself in after hearing on the radio that Smith had killed the guard. The jurisdiction has a death penalty that applies to felony murder. Consistent with the law and the Constitution, the jury may convict Dawson of 
A. felony murder and impose the death penalty.
B. felony murder but not impose the death penalty.
C. bank robbery only.
D. no crime.
Answer: B
In an automobile negligence action by Popkin against Dwyer, Juilliard testified for Popkin. Dwyer later called Watts, who testified that Juilliard's reputation for truthfulness was bad. On cross-examination of Watts, Popkin's counsel asks, "Isn't it a fact that when you bought your new car last year, you made a false affidavit to escape paying the sales tax?" This question is 
A. proper, because it will indicate Watts's standard of judgment as to reputation for truthfulness. 
B. proper, because it bears on Watts's credibility. 
C. improper, because character cannot be proved by specific instances of conduct. 
D. improper, because one cannot impeach an impeaching witness. 
Answer: B
David built in his backyard a garage that encroached two feet across the property line onto property owned by his neighbor, Prudence. Thereafter, David sold his property to Drake. Prudence was unaware, prior to David's sale to Drake, of the encroachment of the garage onto her property. When she thereafter learned of the encroachment, she sued David for damages for trespass. In this action, will Prudence prevail? 
A. No, unless David was aware of the encroachment when the garage was built. 
B. No, because David no longer owns or possesses the garage. 
C. Yes, because David knew where the garage was located, whether or not he knew where the property line was. 
D. Yes, unless Drake was aware of the encroachment when he purchased the property. 
Answer: C
Poole sued Darrel for unlawfully using Poole'sidea for an animal robot as a character in Darrel's science fiction movie. Darrel admitted that he had received a model of an animal robot from Poole, but he denied that it had any substantial similarity to the movie character. After the model had been returned to Poole, Poole destroyed it. In order for Poole to testify to the appearance of the model, Poole 
A. must show that he did not destroy the model in bad faith.
B. must give advance notice of his intent to introduce the oral testimony.
C. must introduce a photograph of the model if one exists.
D. need do none of the above, because the "best evidence rule" applies only to writings, recordings, and photographs. 
Answer: D
Lanny, the owner of Whiteacre in fee simple, leased Whiteacre to Teri for a term of ten years by properly executed written instrument. The lease was promptly and properly recorded. It contained an option for Teri to purchase Whiteacre by tendering $250,000 as purchase price any time "during the term of this lease." One year later, Teri, by a properly executed written instrument, purported to assign the option to Oscar, expressly retaining all of the remaining term of the lease. The instrument of remaining term of the lease. The instrument of assignment was promptly and properly recorded. Two years later, Lanny contracted to sell Whiteacre to Jones and to convey a marketable title "subject to the rights of Teri under her lease." Jones refused to close because of the outstanding option assigned to Oscar. Lanny brought an appropriate action against Jones for specific performance. If judgment is rendered in favor of Lanny, it will be because the relevant jurisdiction has adopted a rule on a key issue as to which various state courts have split. Which of the following identifies the determinative rule or doctrine upon which the split occurs, and states the position favorable to Lanny? 
A. In a contract to buy, any form of "subject to a lease" clause that fails to mention expressly an existing option means that the seller is agreeing to sell free and clear of any option originally included in the lease. 
B. Marketable title can be conveyed so long as any outstanding option not mentioned in the purchase contract has not yet been exercised.
C. Options to purchase by lessees are subject to the Rule Against Perpetuities.
D. Options to purchase contained in a lease cannot be assigned separately from the lease.
Answer: D
Daniel and a group of his friends are fanatical basketball fans who regularly meet at each others' homes to watch basketball games on television. Some of the group are fans of team A, and others are fans of team B. When the group has watched televised games between these two teams, fights sometimes have these two teams, fights sometimes have broken out among the group. Despite this fact, Daniel invited the group to his home to watch a championship game between teams A and B. During the game, Daniel's guests became rowdy and antagonistic. Fearing that they would begin to fight, and that a fight would damage his possessions, Daniel asked his guests to leave. They refused to go and soon began to fight. Daniel called the police, and Officer was sent to Daniel's home. Officer sustained a broken nose in his efforts to stop the fighting. Officer brought an action against Daniel alleging that Daniel was negligent in inviting the group to his house to watch this championship game. Daniel has moved to dismiss the complaint. The best argument in support of this motion would be that 
A. a rescuer injured while attempting to avert a danger cannot recover damages from the endangered person.
B. a police officer is not entitled to a recovery based upon the negligent conduct that created the need for the officer's professional intervention.
C. as a matter of law, Daniel's conduct was not the proximate cause of Officer's injury. 
D. Daniel did not owe Officer a duty to use reasonable care, because Officer was a mere licensee on Daniel's property. 
Answer: B
In a prosecution of Drew for forgery, the defense objects to the testimony of West, a government expert, on the ground of inadequate qualifications. The government seeks to introduce a letter from the expert's former criminology professor, stating that West is generally acknowledged in his field as well qualified. On the issue of the expert's qualifications, the letter may be considered by 
A. the jury, without regard to the hearsay rule. 
B. the judge, without regard to the hearsay rule. 
C. neither the judge nor the jury, because it (C) neither the judge nor the jury, because it is hearsay not within any exception. 
D. both the judge and the jury, because the letter is not offered for a hearsay purpose. 
Answer: B
Responding to County's written advertisement for bids, Tyres was the successful bidder for the sale of tires to County for County's vehicles. Tyres and County entered into a signed, written agreement that specified, "It is agreed that Tyres will deliver all tires required by this agreement to County, in accordance with the attached bid form and specifications, for a one-year period beginning September 1, 1990." Attached to the agreement was a copy of the bid form and specifications. In the written advertisement to which Tyres had responded, but not in the bid form, County had stated, "Multiple awards may be issued if they are in the best interests of County." No definite quantity of tires to be bought by County from Tyres was specified in any of these documents. In January 1991, Tyres learned that County was buying some of its tires from one of Tyres's competitors. Contending that the Tyres-County agreement was a requirements contract, Tyres sued County for the damages caused by County's buying some of its tires from the competitor. If County defends by offering proof of the advertisement concerning the possibility of multiple awards, should the court admit the evidence? 
A. Yes, because the provision in the written agreement, "all tires required by this agreement," is ambiguous. 
B. Yes, because the advertisement was in writing. 
C. No, because of the parol evidence rule. 
D. No, because it would make the contract illusory. 
Answer: A
Responding to County's written advertisement for bids, Tyres was the successful bidder for the sale of tires to County for County's vehicles. Tyres and County entered into a signed, written agreement that specified, "It is agreed that Tyres will deliver all tires required by this agreement to County, in accordance with the attached bid form and specifications, for a one-year period beginning September 1, 1990." Attached to the agreement was a copy of the bid form and specifications. In the written advertisement to which Tyres had responded, but not in the bid form, County had stated, "Multiple awards may be issued if they are in the best interests of County." No definite quantity of tires to be bought by County from Tyres was specified in any of these documents. In January 1991, Tyres learned that County was buying some of its tires from one of Tyres's competitors. Contending that the Tyres-County agreement was a requirements contract, Tyres sued County for the damages caused by County's buying some of its tires from the competitor. If the court concludes that the Tyres-County contract is an agreement by County to buy its tire requirements from Tyres, Tyres probably will 
A. recover under the contracts clause of the United States Constitution.
B. recover under the provisions of the Uniform Commercial Code.
C. not recover, because the agreement lacks mutuality of obligation. 
D. not recover, because the agreement is indefinite as to quantity. 
Answer: B
Supermarket is in a section of town where there are sometimes street fights and where pedestrians are occasionally the victims of pickpockets and muggers. In recognition of the unusual number of robberies in the area, the unusual number of robberies in the area, the supermarket posted signs in the store and in its parking lot that read: Warning: There are pickpockets and muggers at work in this part of the city. Supermarket is not responsible for the acts of criminals. One evening, Lorner drove to Supermarket to see about a special on turkeys that Supermarket was advertising. She decided that the turkeys were too large and left the store without purchasing anything. In the parking lot, she was attacked by an unknown man who raped her and then ran away. If Lorner sues Supermarket, the result should be for the 
A. plaintiff, if Supermarket failed to take reasonable steps to protect customers against criminal attack in its parking lot. 
B. plaintiff, because Supermarket is liable for harm to business invitees on its premises. 
C. defendant, if the warning signs were plainly visible to Lorner. 
D. defendant, because the rapist was the proximate cause of Lorner's injuries. 
Answer: A
Jones wanted to kill Adams because he believed Adams was having an affair with Jones's wife. Early one morning, armed with a pistol, he crouched behind some bushes on a park hillside overlooking a path upon which Adams frequently jogged. On this morning, however, Jones saw Adams jogging on another path about a half mile away. Nonetheless, Jones fired five shots at Adams. None of the five shots came anywhere close to Adams as he was well out of the range of the pistol Jones was using. Jones is 
A. guilty of attempted murder, if he was not aware of the limited range of his pistol. 
B. guilty of attempted murder, if a reasonable person would not have been aware of the limited range of his pistol. 
C. not guilty of attempted murder, or any lesser included offense, because, under the circumstances, it was impossible for him to have killed Adams. 
D. not guilty of attempted murder, but guilty of assault. 
Answer: A
Widgets are manufactured wholly from raw materials mined and processed in the state of Green. The only two manufacturers of widgets in the United States are also located in that state. However, their widgets are purchased by retailers located in every state. The legislature of the state of Green is considering the adoption of a statute that would impose a tax solely on the manufacture of widgets. The tax is to be calculated at 3% of their wholesale value. Which of the following arguments would be LEAST helpful to the state in defending the constitutionality of this proposed state tax on widgets? 
A. At the time widgets are manufactured and taxed they have not yet entered the channels of interstate commerce.
B. The economic impact of this tax will be passed on to both in-state and out-ofstate purchasers of widgets and, therefore, it is wholly nondiscriminatory in its effect. 
C. Because of the powers reserved to them by the Tenth Amendment, states have plenary authority to construct their tax system in any manner they choose. 
D. A tax on the manufacture of widgets may be imposed only by the state in which the manufacturing occurs and, therefore, it is not likely to create the danger of a multiple tax burden on interstate commerce. 
Answer: C
Blackacre is a large tract of land owned by a religious order known as The Seekers. On Blackacre, The Seekers erected a large residential building where its members reside. Blackacre is surrounded by rural residential properties and its only access to a public way is afforded by an easement over a strip of land 30 feet wide. The easement was granted to The Seekers by deed from Sally, the owner of The Seekers by deed from Sally, the owner of one of the adjacent residential properties. The Seekers built a driveway on the strip, and the easement was used for 20 years without incident or objection. Last year, as permitted by the applicable zoning ordinance, The Seekers constructed a 200-bed nursing home and a parking lot on Blackacre, using all of Blackacre that was available for such development. The nursing home was very successful, and on Sundays visitors to the nursing home overflowed the parking facilities on Blackacre and parked all along the driveway from early in the morning through the evening hours. After two Sundays of the resulting congestion and inconvenience, Sally erected a barrier across the driveway on Sundays preventing any use of the driveway by anyone seeking access to Blackacre. The Seekers objected. Sally brought an appropriate action to terminate the easement. The most likely result in this action is that the court will hold for 
A. Sally, because The Seekers excessively expanded the use of the dominant tenement. 
B. Sally, because the parking on the driveway exceeded the scope of the easement. 
C. The Seekers, because expanded use of the easement does not terminate the easement. 
D. The Seekers, because Sally's use of selfhelp denies her the right to equitable relief. 
Answer: C
Three months ago, Bert agreed in writing to buy Sam's single-family residence, Liveacre, for $110,000. Bert paid Sam a $5,000 deposit to be applied to the purchase price. The contract stated that Sam had the right at his option to retain the deposit as liquidated damages in the event of Bert's default. The closing was to have taken place last week. Six weeks ago, Bert was notified by his employer that he was to be transferred to another job 1,000 miles away. Bert immediately notified Sam that he could not close, and therefore he demanded the return of his $5,000. Sam refused, waited until after the contract closing date, listed with a broker, and then conveyed Liveacre for $108,000 to Conner, a purchaser found by the real estate broker. Conner paid the full purchase price and immediately recorded his deed. Conner knew of the prior contract with Bert. In an appropriate action, Bert seeks to recover the $5,000 deposit from Sam. The most probable result will be that Sam 
A. must return the $5,000 to Bert, because Sam can no longer carry out his contract with Bert. 
B. must return the $5,000 to Bert, because Bert was legally justified in not completing the contract. 
C. must return $3,000 to Bert, because Sam's damages were only $2,000. 
D. may keep the $5,000 deposit, because Bert breached the contract. 
Answer: D