ncoop57/mmmlu huggingface dataset:
Mrs. Ritter, a widow, recently purchased a new uncrated electric range for her kitchen from Local Retailer. The range has a wide oven with a large oven door. The crate in which Stove Company, the manufacturer, shipped the range to Local Retailer carried a label with a warning that the stove would tip over with a weight of 25 pounds or more on the oven door. Mrs. Ritter has one child Brenda, age three. Recently, at about 5:30 p.m., Brenda was playing on the floor of the kitchen while Mrs. Ritter was heating water in a pan on the stove. The telephone rang and Mrs. Ritter went into the living room to answer it. While she was gone, Brenda decided to find out what was cooking. She opened the oven door and climbed on it to see what was in the pan. Brenda's weight (25 pounds) on the door caused the stove to tip over forward. Brenda fell to the floor and the hot water spilled over her, burning her severely. Brenda screamed. Mrs. Ritter ran to the kitchen and immediately gave her first aid treatment for burns. Brenda thereafter received medical treatment. Brenda's burns were painful. They have now healed and do not bother her, but she has ugly scars on her legs and back. Brenda's claim is asserted on her behalf by the proper party."If Brenda asserts a claim based on strict liability against Stove Company, she must establish that
A. the defendant negligently designed the stove.
B. stoves made by other manufacturers do not turn over with a 25-pound weight on the oven door. 68
C. the defendant failed to warn the Ritters that the stove would turn over easily.
D. the stove was defective and unreasonably dangerous to her
Answer: D
Mrs. Ritter, a widow, recently purchased a new uncrated electric range for her kitchen from Local Retailer. The range has a wide oven with a large oven door. The crate in which Stove Company, the manufacturer, shipped the range to Local Retailer carried a label with a warning that the stove would tip over with a weight of 25 pounds or more on the oven door. Mrs. Ritter has one child Brenda, age three. Recently, at about 5:30 p.m., Brenda was playing on the floor of the kitchen while Mrs. Ritter was heating water in a pan on the stove. The telephone rang and Mrs. Ritter went into the living room to answer it. While she was gone, Brenda decided to find out what was cooking. She opened the oven door and climbed on it to see what was in the pan. Brenda's weight (25 pounds) on the door caused the stove to tip over forward. Brenda fell to the floor and the hot water spilled over her, burning her severely. Brenda screamed. Mrs. Ritter ran to the kitchen and immediately gave her first aid treatment for burns. Brenda thereafter received medical treatment. Brenda's burns were painful. They have now healed and do not bother her, but she has ugly scars on her legs and back. Brenda's claim is asserted on her behalf by the proper party."If Brenda asserts a claim based on strict liability against Local Retailer, she must establish that
A. Local Retailer did not inform Mrs. Ritter of the warning on the crate.
B. the stove was substantially in the same condition at the time it tipped over as when it was purchased from Local Retailer.
C. Local Retailer made some change in the stove design or improperly assembled it so that it tipped over more easily.
D. Local Retailer knew or should have known that the stove was dangerous because of the ease with which it tipped over
Answer: B
The State of Yuma provides by statute, "No person may be awarded any state construction contract without agreeing to employ only citizens of the state and of the United States in performance of the contract."In evaluating the constitutionality of this state statute under the supremacy clause, which of the following would be most directly relevant?
A. The general unemployment rate in the nation.
B. The treaties and immigration laws of the United States.
C. The need of the state for this particular statute.
D. The number of aliens currently residing in Yuma
Answer: B
The State of Yuma provides by statute, "No person may be awarded any state construction contract without agreeing to employ only citizens of the state and of the United States in performance of the contract."If the Yuma statute is attacked as violating the commerce clause, which of the following defenses is the WEAKEST?
A. The statute will help protect the workers of the State of Yuma from competition by foreign workers.
B. The statute will help assure that workers with jobs directly affecting the performance of public contracts are dedicated to their jobs
C. The statute will help assure a continuously available and stable workforce for the execution of public contracts.
D. The statute will help assure that only the most qualified individuals work on public contracts
Answer: A
The State of Yuma provides by statute, "No person may be awarded any state construction contract without agreeing to employ only citizens of the state and of the United States in performance of the contract."Suppose the state supreme court declares the statute to be unconstitutional on the grounds that it violates the privileges and immunities clause of the Fourteenth Amendment to the federal Constitution and the equal protection clause of the state constitution. If the state seeks review in the United States Supreme Court, which of the following statements is most accurate?
A. The United States Supreme Court may properly review that decision by certiorari only.
B. The United States Supreme Court may properly review the decision by appeal only.
C. The United States Supreme Court may properly review that decision by appeal or certiorari.
D. The United States Supreme Court may not properly review that decision.
Answer: D
Allen and Barker are equal tenants in common of a strip of land 10 feet wide and 100 feet deep which lies between the lots on which their respective homes are situated. Both Allen and Barker need the use of the 10-foot strip as a driveway, and each fears that a new neighbor might seek partition and leave him with an unusable five-foot strip. The best advice about how to solve their problem is
A. a covenant against partition.
B. an indenture granting cross easements in the undivided half interest of each.
C. partition into two separate five-foot-wide strips and an indenture granting cross easements.
D. a trust to hold the strip in perpetuity
Answer: C
Mrs. Dennis's 12-year-old daughter, Gala, had some difficulty getting along with other children in the neighborhood, especially with the younger ones. Thinking the experience would be good for her, Mrs. Dennis recommended Gala to Mr. Parrent as a babysitter for his five-year-old boy, Robby, but did not mention Gala's difficulties or her lack of prior experience as a babysitter. The Dennises and the Parrents were longstanding social acquaintances. On the evening Gala was 69 to sit, the Parrents told Gala that she should treat Robby firmly, but that it would be preferable not to spank him since he did not take kindly to such treatment. They did not tell Gala that they had experienced trouble retaining babysitters because of Robby's temper tantrums. Later in the evening, when Robby became angry upon being told to go to his room for being naughty, Gala spanked him, but only moderately hard. Robby then threw a hardback book at Gala, hitting her in the eye. As Gala tried to catch Robby to take him to his room, Robby fled around the house and out the back door, knocking over and breaking an expensive lamp. The backyard was completely dark. Gala heard Robby screaming and banging at the back door, which had closed and locked automatically, but she did nothing. After twenty minutes had passed, she heard a banging and crying at the front door, but still she did nothing. Then the noise stopped. In a few minutes Gala went outside and found Robby lying on the steps unconscious and injured If a claim is asserted on behalf of Robby against Mrs. Dennis for damages based on Gala's conduct, Mrs. Dennis will probably be liable, because
A. parents are vicariously liable for the intentional torts of their children.
B. she has a nondelegable duty to control the actions of her child.
C. respondeat superior applies.
D. she was negligent
Answer: D
Professor James said to Mary Digit, president of the X-L Secretarial Service, "Since you folks have done good typing work for me in the past, I promise to bring you the manuscript for my new book." "When?" asked Mary Digit. "First chapter next Monday," replied James. "Wouldn't that be nice," said Mary Digit. The following Monday, James, forgoing the services of another secretarial service, brought the first chapter to the X-L office, but Mary Digit refused to take it, saying that they were all booked up for three weeks. Which of the following facts or inferences would be most helpful in an action by James against X-L?
A. "When" and "Wouldn't that be nice" implied a promise to type the manuscript. 
B. James relied on Mary Digit's statement by bringing the manuscript to X-L.
C. X-L had done good work for James in the past.
D. James had forgone the services of another secretarial service
Answer: A
In 1967 Owen held Blackacre, a tract of land, in fee simple absolute. In that year he executed and delivered to Price a quitclaim deed which purported to release and quitclaim to Price all of the right, title, and interest of Owen in Blackacre. Price accepted the quitclaim and placed the deed in his safe deposit box. Owen was indebted to Crider in the amount of $35,000. In September 1971, Owen executed and delivered to Crider a warranty deed, purporting to convey the fee simple to Blackacre, in exchange for a full release of the debt he owed to Crider. Crider immediately recorded his deed. In December 1971, Price caused his quitclaim deed to Blackacre to be recorded and notified Crider that he (Price) claimed title. Assume that there is no evidence of occupancy of Blackacre and assume, further, that the jurisdiction where Blackacre is situated has a recording statute which requires good faith and value as elements of the junior claimant's priority. Which of the following is the best comment concerning the conflicting claims of Price and Crider?
A. Price cannot succeed, because the quitclaim through which he claims prevents him from being bona fide (in good faith). 
B. The outcome will turn on the view taken as to whether Crider paid value within the meaning of the statute requiring this element.
C. The outcome will turn on whether Price paid value (a fact not given in the statement).
D. Price's failure to record until December 1971 estops him from asserting title against Cride
Answer: B
Hank owned a secondhand goods store. He often placed merchandise on the sidewalk, sometimes for short intervals, sometimes from 7 a.m. until 6 p.m. Pedestrians from time to time stopped and gathered to look at the merchandise. Fred had moved into an apartment which was 70 situated immediately above Hank's store; a street-level stairway entrance was located about 20 feet to the east. On several occasions, Fred had complained to Hank about the situation because not only were his view and peace of mind affected, but his travel on the sidewalk was made more difficult. Fred owned and managed a restaurant two blocks to the west of his apartment and made frequent trips back and forth. There was a back entrance to his apartment through a parking lot; this entrance was about 200 feet farther in walking distance from his restaurant. Once Fred complained to the police, whereupon Hank was arrested under a local ordinance which prohibited the placing of goods or merchandise on public sidewalks and imposed, as its sole sanction, a fine for its violation. One day, the sidewalk in front of Hank's store was unusually cluttered because he was cleaning and mopping the floor of his shop. Fred and his 15-year-old son, Steve, saw a bus they wished to take, and they raced down the stairs and onto the cluttered sidewalk in front of Hank's store, Fred in the lead. While dodging merchandise and people, Fred fell. Steve tripped over him and suffered a broken arm. Fred also suffered broken bones and was unable to attend to his duties for six weeks. If, prior to the day of his personal injuries, Fred had asserted a claim based on public nuisance for injunctive relief against Hank for his obstruction of the sidewalk in violation of the ordinance, the defense on which Hank would have most likely prevailed is that
A. Fred consented to the obstruction by continuing to rent his apartment.
B. the violation of the ordinance was not unreasonable.
C. remedy of abatement by self-help was adequate.
D. there was no claim for special damage
Answer: D
By way of a gift, Pat executed a deed naming his daughter, Marian, as grantee. The deed contained descriptions as follows: (1) All of my land and dwelling known as 44 Main Street, Midtown, United States, being one acre (2) All that part of my farm, being a square with 200-foot sides, the southeast corner of which is in the north line of my neighbor, Julia Brown. The deed contained covenants of general warranty, quiet enjoyment, and right to convey. Pat handed the deed to Marian, who immediately returned it to her father for safekeeping. Her father kept it in his safe deposit box. The deed was not recorded. The property at 44 Main Street covered 7/8 of an acre of land, had a dwelling and a garage situated thereon, and was subject to a right of way, described in prior deeds, in favor of Jack, a neighbor. Pat owned no other land on Main Street. Jack had not used the right of way for 10 years, and it was not visible on inspection of the property."The description of 44 Main Street was
A. sufficient, because the discrepancy in area is not fatal. 
B. not sufficient, because it contained no metes and bounds. 
C. not sufficient, because the acreage given was not correct. 
D. not sufficient, because a deed purporting to convey more than a grantor owns is void ab initio.
Answer: A
By way of a gift, Pat executed a deed naming his daughter, Marian, as grantee. The deed contained descriptions as follows: (1) All of my land and dwelling known as 44 Main Street, Midtown, United States, being one acre (2) All that part of my farm, being a square with 200-foot sides, the southeast corner of which is in the north line of my neighbor, Julia Brown. The deed contained covenants of general warranty, quiet enjoyment, and right to convey. Pat handed the deed to Marian, who immediately returned it to her father for safekeeping. Her father kept it in his safe deposit box. The deed was not recorded. The property at 44 Main Street covered 7/8 of an acre of land, had a dwelling and a garage situated thereon, and was subject to a right of way, described in prior deeds, in favor of Jack, a neighbor. Pat owned no other land on Main Street. Jack had not used the right of way for 10 years, and it was not visible on inspection of the property."The description of part of Pat's farm
A. is sufficient if consideration has been paid.
B. is sufficient because no ambiguity therein appears on the face of the deed.
C. could be enforced if the deed contained a covenant of seisin.
D. is insufficient because of vagueness
Answer: D
Dann, who was charged with the crime of assaulting Smith, admitted striking Smith but claimed to have acted in self-defense when he was attacked by Smith, who was drunk and belligerent after a football game."Dann offered the testimony of Employer, who would say that he had known and employed Dann for 12 years and knew Dann's reputation among the people with whom he lived and worked to be that of a peaceful, law-abiding, nonviolent person. The trial judge should rule this testimony
A. admissible, because it is relevant to show the improbability of Dann's having committed an unprovoked assault. 
B. admissible, because it is relevant to a determination of the extent of punishment if Dann is convicted. 
C. inadmissible, because whether Dann is normally a person of good character is irrelevant to the specific charge. 
D. inadmissible, because it is irrelevant without a showing that Employer was one of the persons among whom Dann lived and worked
Answer: A
Dann, who was charged with the crime of assaulting Smith, admitted striking Smith but claimed to have acted in self-defense when he was attacked by Smith, who was drunk and belligerent after a football game.On cross-examination of Employer, the state's attorney asked Employer if he had heard that Dann often engaged in fights and brawls. The trial judge should rule the question
A. not objectionable, because evidence of Dann's previous fights and brawls may be used to prove his guilt. 
B. not objectionable, because it testsEmployer's knowledge of Dann's reputation. 
C. objectionable, because it seeks to put into evidence separate, unrelated offenses. 
D. objectionable, because no specific times or incidents are specified and inquired about
Answer: B
Dann, who was charged with the crime of assaulting Smith, admitted striking Smith but claimed to have acted in self-defense when he was attacked by Smith, who was drunk and belligerent after a football game.Dann's friend Frank was called to testify that Smith had a reputation among the people with whom he lived and worked for law-breaking and frequently engaging in brawls. The trial judge should rule the testimony
A. admissible to support Dann's theory of self-defense, touching on whether Dann or Smith was the aggressor. 
B. admissible if Frank testifies further as to specific acts of misconduct on Smith's part of which Frank has personal knowledge.
C. inadmissible on the question of Dann's guilt because Dann, not Smith, is on trial. 
D. inadmissible, because Frank failed to lay a proper foundation
Answer: A
As part of a comprehensive federal aid-to-education program, Congress included the following provisions as conditions for state receipt of federal funds: (1) Whenever textbooks are provided to students without charge, they must include no religious instruction and must be made available on the same terms to students in all public and private schools accredited by the state educational authority. (2) Salary supplements can be paid to teachers in public and private schools, up to 10 percent of existing salary schedules, where present compensation is less than the average salary for persons of comparable training and experience, provided that no such supplement is paid to any teacher who instructs in religious subjects. (3) Construction grants can be made toward the cost of physical plant at private colleges and universities, provided that no part of the grant is used for buildings in which instruction in religious subject matters is offered.". Federal taxpayer Allen challenges the provision that allows the distribution of free textbooks to students in a private school where religious instruction is included in the curriculum. On the question of the adequacy of Allen's standing to raise the constitutional question, the most likely result is that standing will be
A. sustained, because any congressional spending authorization can be challenged by any taxpayer. 
B. sustained, because the challenge to the exercise of congressional spending power is based on a claimed violation of specific constitutional limitations on the exercise of such power. 
C. denied, because there is insufficient nexus between the taxpayer and the challenged expenditures. 
D. denied, because, in the case of private schools, no state action is involved
Answer: B
As part of a comprehensive federal aid-to-education program, Congress included the following provisions as conditions for state receipt of federal funds: (1) Whenever textbooks are provided to students without charge, they must include no religious instruction and must be made available on the same terms to students in all public and private schools accredited by the state educational authority. (2) Salary supplements can be paid to teachers in public and private schools, up to 10 percent of existing salary schedules, where present compensation is less than the average salary for persons of comparable training and experience, provided that no such supplement is paid to any teacher who instructs in religious subjects. (3) Construction grants can be made toward the cost of physical plant at private colleges and universities, provided that no part of the grant is used for buildings in which instruction in religious subject matters is offered."Federal taxpayer Bates challenges the salary supplements for teachers in private schools where religious instruction is included in the curriculum. On the substantive constitutional issue, the most likely result is that the salary supplements will be
A. sustained, because the statute provides that no supplements will be made to teachers who are engaged in any religious instruction. 
B. sustained, because to distinguish between private and public school teachers would violate the religious freedom clause of the First Amendment. 
C. held unconstitutional, because some religions would benefit disproportionately. 
D. held unconstitutional, because the policing of the restriction would amount to an excessive entanglement with religion.
Answer: D
As part of a comprehensive federal aid-to-education program, Congress included the following provisions as conditions for state receipt of federal funds: (1) Whenever textbooks are provided to students without charge, they must include no religious instruction and must be made available on the same terms to students in all public and private schools accredited by the state educational authority. (2) Salary supplements can be paid to teachers in public and private schools, up to 10 percent of existing salary schedules, where present compensation is less than the average salary for persons of comparable training and experience, provided that no such supplement is paid to any teacher who instructs in religious subjects. (3) Construction grants can be made toward the cost of physical plant at private colleges and universities, provided that no part of the grant is used for buildings in which instruction in religious subject matters is offered."Federal taxpayer Bates also challenges the construction grants to church-operated private colleges and universities. The most likely result is that the construction grants will be
A. sustained, because aid to one aspect of an institution of higher education not shown to be pervasively sectarian does not necessarily free it to spend its other resources for religious purposes. 
B. sustained, because bricks and mortar do not aid religion in a way forbidden by the establishment clause of the First Amendment. 
C. held unconstitutional, because any financial aid to a church-operated school strengthens the religious purposes of the institution. 
D. held unconstitutional, because the grants involve or cause an excessive entanglement with religion
Answer: A