Split (2)

train · 92.9k rows

answer int64 0 3	choices listlengths 4 4	question stringlengths 1 6.54k	__source_orig_idx__ int64 1 99.8k
3	[ "guilty, because this is a public welfare offense. ", "guilty, because he cannot be excused on the basis of his own failure to keep proper records. ", "not guilty, because the statute punishes omissions and he was not given fair warning of his duty to act. ", "not guilty, because he was not aware of the value...	A state statute requires any person licensed to sell prescription drugs to file with the State Board of Health a report listing the types and amounts of such drugs sold if his or her sales of such drugs exceed $50,000 during a calendar year. The statute makes it a misdemeanor to "knowingly fail to file" such a report. ...	1
2	[ "Yes, because Mann threatened to use deadly force. ", "Yes, unless Mann was related to Borrower. ", "No, if it was apparent that Lender was about to inflict serious bodily harm upon Borrower. ", "No, because Lender was the original aggressor by threatening Borrower with a battery" ]	Lender met Borrower on the street, demanded that Borrower pay a debt owed to Lender, and threatened to punch Borrower in the nose. A fight ensued between them. Mann came upon the scene just as Lender was about to kick Borrower in the head. Noting that Lender was getting the better of the fight, Mann pointed a gun at Le...	2
2	[ "succeed if he can prove that he had painted the porch according to specifications.", "succeed, because he cashed the check under economic duress. ", "not succeed, because he cashed the check without objection. ", "not succeed, because he is entitled to recover only the reasonable value of his services" ]	Ames had painted Bell's house under a contract which called for payment of $2,000. Bell, contending in good faith that the porch had not been painted properly, refused to pay anything. On June 15, Ames mailed a letter to Bell stating, "I am in serious need of money. Please send the $2,000 to me before July 1." On June ...	5
0	[ "unconstitutional as an undue burden on interstate commerce.", "unconstitutional as a violation of the privileges and immunities clause of the Fourteenth Amendment.", "constitutional, because the state does not know the quality of out-of-state barber schools. ", "constitutional, because barbering is a privile...	The State of Aurora requires licenses of persons "who are engaged in the trade of barbering." It will grant such licenses only to those who are graduates of barber schools located in Aurora, who have resided in the state for two years, and who are citizens of the United States. The requirement that candidates for licen...	7
3	[ "constitutional as an effort to ensure that barbers speak English adequately.", "constitutional as an exercise of the state police power.", "unconstitutional as a bill of attainder.", "unconstitutional as a denial of equal protection" ]	The State of Aurora requires licenses of persons "who are engaged in the trade of barbering." It will grant such licenses only to those who are graduates of barber schools located in Aurora, who have resided in the state for two years, and who are citizens of the United States. The requirement that candidates for licen...	8
3	[ "dismissed, because there is no diversity of citizenship. ", "dismissed, because of the abstention doctrine. ", "decided on the merits, because federal jurisdiction extends to controversies between two states. ", "decided on the merits, because a federal question is involved" ]	The State of Aurora requires licenses of persons "who are engaged in the trade of barbering." It will grant such licenses only to those who are graduates of barber schools located in Aurora, who have resided in the state for two years, and who are citizens of the United States. Assume that a resident of the state of Au...	9
1	[ "murder.", "involuntary manslaughter.", "voluntary manslaughter.", "no form of criminal homicide" ]	John was fired from his job. Too proud to apply for unemployment benefits, he used his savings to feed his family. When one of his children became ill, he did not seek medical attention for the child at a state clinic because he did not want to accept what he regarded as charity. Eventually, weakened by malnutrition, t...	11
0	[ "assault.", "negligence.", "invasion of privacy.", "false imprisonment" ]	Professor Merrill, in a lecture in her psychology course at a private university, described an experiment in which a group of college students in a neighboring city rushed out and washed cars stopped at traffic lights during the rush hour. She described how people reacted differently with shock, joy, and surprise. At...	12
3	[ "Yes, if the students would not have performed the experiment but for Merrill's lecture. ", "Yes, if Carr's claim against the students is based on negligence. ", "No, because the students were not Merrill's employees. ", "No, because Merrill did not authorize the car wash as a class project" ]	Professor Merrill, in a lecture in her psychology course at a private university, described an experiment in which a group of college students in a neighboring city rushed out and washed cars stopped at traffic lights during the rush hour. She described how people reacted differently with shock, joy, and surprise. At...	13
2	[ "win, because his use was adverse to Amos and once adverse it continued adverse until some affirmative showing of a change. ", "win, because Eric made no attempt to renew permission after Amos quit possession of Goldacre. ", "lose, because his use was with permission. ", "lose, because there is no evidence th...	Oxnard owned Goldacre, a tract of land, in fee simple. At a time when Goldacre was in the adverse possession of Amos, Eric obtained the oral permission of Oxnard to use a portion of Goldacre as a road or driveway to reach adjoining land, Twin Pines, which Eric owned in fee simple. Thereafter, during all times relevant ...	14
3	[ "An objection by Dr. Webb asserting her privilege against disclosure of confidential communications made by a patient.", "An objection by Parr's attorney on the grounds of the doctor-patient privilege.", "A finding by the trial judge that Zadok had left the office without actually receiving treatment.", "The ...	Mary Webb, a physician called as a witness by the defendant in the case of Parr v. Doan, was asked to testify to statements made by Michael Zadok, her patient, for the purpose of obtaining treatment from Dr. Webb. Which of the following is the best basis for excluding evidence of Zadok's statements in a jurisdiction wi...	15
2	[ "asked on cross-examination of an expert witness.", "asked on direct examination of a young child.", "asked on direct examination of a disinterested eyewitness.", "related to preliminary matters such as the name or occupation of the witness" ]	A leading question is LEAST likely to be permitted over objection when	16
1	[ "prevail, because by leaving the ladder, Roofer became a trespasser on Orissa's property. ", "prevail, because by leaving the ladder, Roofer created the risk that a person might unlawfully enter the house. ", "not prevail, because the act of the thief was a superseding cause. ", "not prevail, because Orissa's...	Roofer entered into a written contract with Orissa to repair the roof of Orissa's home, the repairs to be done "in a workmanlike manner." Roofer completed the repairs and took all of his equipment away, with the exception of a 20-foot extension ladder, which was left against the side of the house. He intended to come b...	17
3	[ "Her acting contract with Albert was legally severable into weekly units.", "Her performance of the literal terms of the contract was physically impossible.", "Her reliance on the engagement with Albert by declining another acting role created an estoppel against Albert.", "Her failure to perform for one week...	Albert engaged Bertha, an inexperienced actress, to do a small role in a new Broadway play for a period of six months at a salary of $200 a week. Bertha turned down another role in order to accept this engagement. On the third day of the run, Bertha was hospitalized with influenza and Helen was hired to do the part. A ...	19
0	[ "Albert could not find any substitute except Helen, who demanded a contract for a minimum of six months if she was to perform at all. ", "Helen, by general acclaim, was much better in the role than Bertha had been. 7 ", "Albert had offered Bertha a position as Helen's understudy at a salary of $100 a week, whic...	Albert engaged Bertha, an inexperienced actress, to do a small role in a new Broadway play for a period of six months at a salary of $200 a week. Bertha turned down another role in order to accept this engagement. On the third day of the run, Bertha was hospitalized with influenza and Helen was hired to do the part. A ...	20
2	[ "must have a legal expert from the same locality testify that defendants' conduct was a breach.", "must have a legal expert from the same state testify that defendants' conduct was a breach.", "can rely on the application of the jurors' common knowledge as to whether there was a breach.", "can rely on the jud...	Lawyers Abel and Baker are the members of the law partnership of Abel and Baker in a small town that has only one other lawyer in it. Abel and Baker do a substantial amount of personal injury work. Client was severely and permanently injured in an automobile collision when struck by an automobile driven by Motorist. Cl...	21
0	[ "would have, but for her lawyers' negligence, recovered from Motorist. ", "had a good faith claim against Motorist that was lost by her lawyers' negligence.", "was severely and permanently injured when struck by Motorist's automobile.", "did not negligently contribute to the failure to have the complaint file...	Lawyers Abel and Baker are the members of the law partnership of Abel and Baker in a small town that has only one other lawyer in it. Abel and Baker do a substantial amount of personal injury work. Client was severely and permanently injured in an automobile collision when struck by an automobile driven by Motorist. Cl...	22
1	[ "Immediately after being insulted by Robert, Defendant takes a knife and stabs and kills Robert. ", "Angered over having been struck by Sam, Defendant buys rat poison and puts it into Sam's coffee. Sam drinks the coffee and dies as a result. ", "Intending to injure Fred, Defendant lies in wait and, as Fred come...	A state statute divides murder into degrees. First-degree murder is defined as murder with premeditation and deliberation or a homicide in the commission of arson, rape, robbery, burglary, or kidnapping. Second-degree murder is all other murder at common law. In which of the following situations is Defendant most likel...	23
2	[ "guilty, because this is a public welfare offense. ", "guilty, because she should have inquired whether the signs had been abandoned. ", "not guilty if the jury finds that she honestly believed the signs had been abandoned.", "not guilty unless the jury finds that the state had taken adequate steps to inform ...	On a camping trip in a state park, Rose discovered, near a rubbish heap, metal signs reading, "Natural Wildlife Area No Hunting." She took two of the signs and used them to decorate her room at home. She is charged with violation of a state statute which provides, "Any person who appropriates to his own use property ...	24
1	[ "not guilty, because Ted had as much right as Howard to be in the house. ", "not guilty, because Howard attacked Ted with a deadly weapon. ", "guilty, because Ted's presence in Janet's bedroom prompted Howard's attack. ", "guilty, because Ted's failure to obey Howard's order to leave the house made him a tres...	Ted frequently visited Janet, his next-door neighbor. Janet was separated from her husband, Howard. Howard resided with his mother but jointly owned the house in which Janet resided. Late one night, Ted and Janet were sitting on the bed in Janet's bedroom drinking when Howard burst through the door and told Ted, "Get o...	25
0	[ "Sarah has an equitable servitude concerning the use of the tract.", "Sarah, as a taxpayer, has legal interest in the use of the tract. ", "Sarah is a creditor beneficiary of Oscar's promise with respect to the tract.", "Pete is not a bona fide purchaser" ]	In 1970, Oscar, owner of a 100-acre tract, prepared and duly recorded a subdivision plan called Happy Acres. The plan showed 90 one-acre lots and a tenacre tract in the center that was designated "Future Public School." Oscar published and distributed a brochure promoting Happy Acres which emphasized the proximity of t...	26
0	[ "Sarah, because the restrictive covenant in her deed runs with the land. ", "Sarah, because the presence of the mobile home may adversely affect the market value of her land. ", "Joe, because his deed did not contain the restrictive covenant. ", "Joe, because he is not a direct but a remote grantee of Oscar" ...	In 1970, Oscar, owner of a 100-acre tract, prepared and duly recorded a subdivision plan called Happy Acres. The plan showed 90 one-acre lots and a tenacre tract in the center that was designated "Future Public School." Oscar published and distributed a brochure promoting Happy Acres which emphasized the proximity of t...	27
3	[ "Pete, because the school board has been guilty of laches. ", "Pete, because his deed did not refer to the subdivision plan. ", "the school board, because Pete had constructive notice of the proposed use of the tract. ", "the school board, because there has been a dedication and acceptance of the tract." ]	In 1970, Oscar, owner of a 100-acre tract, prepared and duly recorded a subdivision plan called Happy Acres. The plan showed 90 one-acre lots and a tenacre tract in the center that was designated "Future Public School." Oscar published and distributed a brochure promoting Happy Acres which emphasized the proximity of t...	28
1	[ "strictly liable, because the tree was on his property. ", "liable for Contractor's negligence if, to House's knowledge, Contractor was engaged in hazardous activity. ", "liable, because he assumed responsibility when he paid Contractor for the repair. ", "liable on the basis of respondeat superior" ]	House owns his home in City. On the lawn in front of his home and within five feet of the public sidewalk there was a large tree. The roots of the tree caused the sidewalk to buckle severely and become dangerous. An ordinance of City requires adjacent landowners to keep sidewalks in safe condition. House engaged Contra...	29
2	[ "the tree was on the property of House.", "he repaired the sidewalk at the direction of House.", "he could not reasonably foresee that the tree would fall.", "he was relieved of liability when House paid for the repair" ]	House owns his home in City. On the lawn in front of his home and within five feet of the public sidewalk there was a large tree. The roots of the tree caused the sidewalk to buckle severely and become dangerous. An ordinance of City requires adjacent landowners to keep sidewalks in safe condition. House engaged Contra...	30
3	[ "valid, because constitutionally the sovereign is not liable except with its own consent. ", "valid, because the legislature is vested with constitutional authority to repeal laws it has enacted. ", "invalid, because a state is equitably estopped to disclaim a valid bid once accepted by it. ", "invalid, becau...	The State of Rio Grande entered into a contract with Roads, Inc., for construction of a fourlane turnpike. Prior to commencement of construction, the legislature, in order to provide funds for parks, repealed the statute authorizing the turnpike and cancelled the agreement with Roads, Inc. Roads, Inc., sued the state t...	32
2	[ "police power.", "war and defense power.", "power to tax and spend for the general welfare.", "power to enforce the privileges and immunities clause of the Fourteenth Amendment." ]	The strongest constitutional basis for the enactment of a federal statute requiring colleges and universities receiving federal funds to offer student aid solely on the basis of need is the	33
2	[ "succeed, because Peterson's deed from Owens did not mention the easement. ", "succeed, because more than 40 years have passed since the Water District last entered Barrenacres. ", "fail, because the Water District's plan is within its rights. 11 ", "fail, because the Water District's plan is fair and equitab...	In 1930, Owens, the owner in fee simple of Barrenacres, a large, undeveloped tract of land, granted an easement to the Water District "to install, inspect, repair, maintain, and replace pipes" within a properly delineated strip of land 20 feet wide across Barrenacres. The easement permitted the Water District to enter ...	34
3	[ "succeed, because his deed from Owens did not mention the easement. ", "succeed, because of an implied obligation imposed on the Water District to restore the surface to its condition prior to entry. ", "fail, because of the public interest in maintaining a continuous water supply. ", "fail, because the Water...	In 1930, Owens, the owner in fee simple of Barrenacres, a large, undeveloped tract of land, granted an easement to the Water District "to install, inspect, repair, maintain, and replace pipes" within a properly delineated strip of land 20 feet wide across Barrenacres. The easement permitted the Water District to enter ...	35
1	[ "The plaintiffs should succeed, because the interest of Church terminated with the first removal of sand and gravel ", "Church and Darin should be enjoined, and damages should be recovered but impounded for future distribution. ", "The injunction should be granted, but damages should be denied, because Omar and...	In 1960, Omar, the owner in fee simple absolute, conveyed Stoneacre, a five-acre tract of land. The relevant, operative words of the deed conveyed to "Church [a duly organized religious body having power to hold property] for the life of my son, Carl, and from and after the death of my said son, Carl, to all of my gran...	36
3	[ "Johnson forced his way into a woman's home, bound her, and compelled her to tell him that her jewelry was in an adjoining room. Johnson went to the room, took the jewelry, and fled. ", "A confederate of Brown pushed a man in order to cause him to lose his balance and drop his briefcase. Brown picked up the brief...	In which of the following cases is a conviction of the named defendant for robbery LEAST likely to be upheld?	37
3	[ "Illegal, because the Attorney General must prosecute if the House of Representatives directs. ", "Illegal, because the Attorney General must prosecute those who violate federal law. ", "Legal, because ambassadors are immune from prosecution for acts committed in the course of their duties. ", "Legal, becaus...	Green is cited for contempt of the House of Representatives after she refuses to answer certain questions posed by a House Committee concerning her acts while serving as a United States Ambassador. A federal statute authorizes the Attorney General to prosecute contempts of Congress. Pursuant to this law, the House dire...	38
0	[ "Green may refuse to answer the questions if she can demonstrate that they are unrelated to matters upon which Congress may legislate.", "the House may question Green on matters pertaining to the expenditures of funds appropriated by Congress.", "only the Senate may question Green on matters that relate to the ...	Green is cited for contempt of the House of Representatives after she refuses to answer certain questions posed by a House Committee concerning her acts while serving as a United States Ambassador. A federal statute authorizes the Attorney General to prosecute contempts of Congress. Pursuant to this law, the House dire...	39
3	[ "there was no breaking", "he consented to the entry.", "no overt act was committed by him.", "there was no intent to commit a felony." ]	Harry met Bill, who was known to him to be a burglar, in a bar. Harry told Bill that he needed money. He promised to pay Bill $500 if Bill would go to Harry's house the following night and take some silverware. Harry explained to Bill that, although the silverware was legally his, his wife would object to his selling i...	40
2	[ "acted under a mistake of law.", "had the consent of the owner.", "reasonably thought he was in Harry's house.", "found the window unlocked" ]	Harry met Bill, who was known to him to be a burglar, in a bar. Harry told Bill that he needed money. He promised to pay Bill $500 if Bill would go to Harry's house the following night and take some silverware. Harry explained to Bill that, although the silverware was legally his, his wife would object to his selling i...	41
1	[ "Bill was the alter ego of Harry.", "they did not intend to commit burglary.", "there was no overt act.", "there was no agreemen" ]	Harry met Bill, who was known to him to be a burglar, in a bar. Harry told Bill that he needed money. He promised to pay Bill $500 if Bill would go to Harry's house the following night and take some silverware. Harry explained to Bill that, although the silverware was legally his, his wife would object to his selling i...	42
2	[ "admissible as an excited utterance.", "admissible as a prior consistent statement.", "admissible as a statement by Wood regarding a condition he observed, made while he was observing it. ", "inadmissible if there was no evidence that Wood had expertise in determining drunkenness." ]	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 accidentWood, a patron of Duke's Bar, testified that on the night of the accident Chase was drunk. Wood then ...	43
1	[ "It may be used only to refresh Chase's recollection.", "It is admissible for impeachment and as substantive evidence that Chase was sober.", "It is inadmissible, because Duke's Bar cannot impeach its own witness. ", "It is inadmissible, because it is hearsay, not within any exception" ]	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 accidentDuke's Bar called Chase to testify and expected him to say that he was sober when he left Duke's Bar;...	44
3	[ "admissible to show that the prior conduct of Duke's Bar was negligent.", "admissible to show that Duke's Bar was aware of the need for taking precautionary measures.", "inadmissible, because subsequent measures by an employee are not binding on Duke's Bar. ", "inadmissible, because its admission would discou...	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 lim...	45
0	[ "admissible as an admission by the owner of Duke's Bar that Chase was drunk when he left the bar.", "admissible as a factual admission made in connection with an offer of compromise.", "inadmissible as hearsay, not within any exception ", "inadmissible as a statement made in connection with an offer to pay me...	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 a...	46
2	[ "Devlin's casual business practices created his loss.", "the need for certainty in land title records controls.", "the agency implied to complete the deed cannot be restricted by the oral understanding.", "the recording of the deed precludes any questioning of its provisions in its recorded form." ]	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 ex...	48
2	[ "the Statute of Frauds prevents the introduction of any evidence of Devlin's and Parnell's agreement", "recording of the deed from Devlin to Parnell precludes any question of its genuineness.", "as between Devlin and a bona fide purchaser, Devlin is estopped. ", "the clean hands doctrine bars Devlin from reli...	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 ex...	49
3	[ "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. ", "Yes, if the person who threw the ashtray cannot be identified. ", "No, because Ohner had no personal knowledge of the conduct of the hotel guests. ", "No, if t...	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 debr...	50
0	[ "Lack of consideration", "Mistake of fact as to basic assumption", "Statute of Frauds", "Indefiniteness of Charles's promis" ]	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...	51
3	[ "I only", "I and II only", "II and III only", "Neither I nor II nor II" ]	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...	53
2	[ "Yes, because Arthur's debt of $200 was liquidated and undisputed. ", "Yes, because Dodge honestly believed that he had a legal right against Charles for the full $200. ", "No, because Charles honestly believed that Dodge did not have a legal right against him for the $200. ", "No, because Charles was not con...	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...	55
3	[ "No legitimate educational function is served by the free distribution of textbooks.", "The state may not in any way aid private schools.", "The Constitution forbids private bias of any kind.", "Segregation is furthered by the distribution of textbooks to these students." ]	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 sc...	56
2	[ "Private religious schools, like public nonsectarian schools, fulfill an important educational function. ", "Religious instruction in private schools is not constitutionally objectionable.", "The purpose and effect of the free distribution of these textbooks is secular and does not entangle church and state.", ...	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 sc...	57
1	[ "Defendant had been hypnotized at a party and ordered by the hypnotist to strike the person he disliked the most.", "Defendant was suffering from an epileptic seizure and had no control over his motions.", "Defendant was heavily intoxicated and was shadowboxing without realizing that Victim was near him.", "D...	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?	58
2	[ "No, because there is no practicable way for Utility to reduce the fumes. ", "No, because Utility's acts constituted a public nuisance. ", "Yes, because Farmer's personal injuries were within the scope of the liability imposed on Utility. ", "Yes, because the generation of electricity is an ultrahazardous act...	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 Uti...	60
0	[ "No, because Utility was not negligent. ", "No as to 1976 crop damage, because Farmer did not mitigate damages by selling his farm in 1975. ", "Yes as to 20 percent of his crop damage, because use of available equipment would have reduced the fumes by 20 percent. ", "Yes, because operation of the plant consti...	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 Uti...	61
1	[ "the parol evidence rule does not bar the introduction of evidence for the purpose of interpreting a written agreement.", "the memorandum was not a completely integrated agreement.", "HDS detrimentally relied on the oral promise of coordination in signing the memorandum", "the memorandum was not a partially i...	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 withi...	62
3	[ "Yes, because June 6 was within one month of completion. ", "Yes, because CP had done one-half the job. ", "No, because of a constructive condition precedent requiring at least substantial completion of the work before HDS would have a duty to pay ", "No, because \"within one month of completion\" would, in t...	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 withi...	63
0	[ "Yes, because it was the compromise of an honest dispute. ", "Yes, because the Statute of Frauds does not apply to subsequent oral modifications. ", "No, because it was oral ", "No, because it was not supported by consideration." ]	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 withi...	64
2	[ "Yes, because \"CP to complete by July 1\" is an express condition. ", "Yes, because the doctrine of substantial performance does not apply to commercial contracts. ", "No, because both parties manifested an understanding that time was not of the essence. ", "No, because the contract did not contain a liquida...	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 withi...	65
3	[ "Yes, because CP had substantially performed. ", "Yes, because the program would save HDS $12,000 a year. ", "No, because shortening the processing time by one-half was an express condition subsequent. ", "No, because HDS's computer systems manager did not certify satisfactory completion of the programs" ]	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 withi...	66
1	[ "Yes, because continued use of the programs by HDS would save at least $12,000 a year. ", "Yes, because HDS was continuing to use programs created by CP for which, as HDS knew, CP expected to be paid. ", "No, because failure of an express condition precedent excused HDS from any duty to compensate CP. ", "No,...	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 withi...	67
0	[ "denied, because the search was incident to a valid custodial arrest. ", "denied, because Police Officer acted under a reasonable suspicion and legitimate concern for his own personal safety. ", "granted, because there was no reasonable or proper basis upon which to justify conducting the search. ", "granted ...	Police Officer stopped Dexter for speeding late one night. Noting that Dexter was nervous, Police Officer ordered him from the car and placed him under arrest for speeding. By state law, Police Officer was empowered to arrest Dexter and take him to the nearest police station for booking. Police Officer searched Dexter'...	68
2	[ "granted, because Donna's request to contact her attorney by telephone was reasonable and should have been granted immediately. ", "granted, because of the \"fruit of the poisonous tree\" doctrine. ", "denied, because the statements were volunteered and not the result of interrogation. ", "denied, because fin...	Donna was arrested and taken to police headquarters, where she was given her Miranda warnings. Donna indicated that she wished to telephone her lawyer and was told that she could do so after her fingerprints had been taken. While being fingerprinted, however, Donna blurted out, "Paying a lawyer is a waste of money beca...	69
1	[ "There is no evidence that tenured teachers are any more qualified than he is.", "He leased a home in reliance on an oral promise of reemployment by the college president.", "He was the only teacher at the college whose contract was not renewed that year.", "In the expectation of remaining at the college, he ...	Barnes was hired as an assistant professor of mathematics at Reardon State College and is now in his third consecutive one-year contract. Under state law, he cannot acquire tenure until after five consecutive annual contracts. In his third year, Barnes was notified that he was not being rehired for the following year. ...	70
1	[ "constitutional, because the protection of wild animals is important to the general welfare. ", "constitutional, because Congress has authority to make regulations respecting federal property. ", "unconstitutional, because wild animals as defined by state common law are not federal property. ", "unconstitutio...	National regulation of predatory wild animals on federal lands is most likely	72
3	[ "the attempted gifts to grandchildren are void under the Rule Against Perpetuities.", "the attempted gifts to grandchildren are void as unlawful restraints on alienation.", "the provisions concerning grandchildren are valid and will be upheld according to their terms.", "even if the provisions against sale or...	By her validly executed will, Sallie devised a certain tract of land to her son, Ben, for his life with remainder to such of Ben's children as should be living at his death, "Provided, however, that no such child of Ben shall mortgage or sell, or attempt to mortgage or sell, his or her interest in the property prior to...	73
0	[ "the land is located in a state where the Statute of Frauds will not be applied if there has been such part performance as will result in an irreparable hardship if the contract is not performed.", "the land is located in a state where the Statute of Frauds will not be applied if there has been part performance t...	Seth was an elderly widower who lived alone on a small farm which he owned. Except for the farm, including the house and its furnishings, and the usual items of personal clothing and similar things, Seth owned substantially no property. Under proper management, the farm was capable of producing an adequate family incom...	74
3	[ "denied, because a tenant by the entirety has no right to partition ", "denied, because Wade has absolute title to the property. ", "granted, because the tenancy by the entirety that was created by the deed was severed when Wade abandoned Mary. ", "granted, because the estate created by the deed was not a ten...	The following events took place in a state that does not recognize common law marriage. The state does recognize the common law estate of tenancy by the entirety and has no statute on the subject. Wade Sloan and Mary Isaacs, who were never formally married, lived together over a sevenyear period. During this time Mary ...	75
0	[ "Yes, if Sand could have effectively secured the chute at moderate cost. ", "Yes, because Sand is strictly liable for harm resulting from an artificial condition on its property. ", "No, if Commuter had the last clear chance to avoid the injury. ", "No, because Ladd was a trespasser" ]	Sand Company operated an installation for distributing sand and gravel. The installation was adjacent to a residential area. On Sand's grounds there was a chute with polished metal sides for loading sand and gravel into trucks. The trucks being loaded stopped on the public street below the chute. After closing hours, a...	76
1	[ "her conduct was not the cause in fact of the harm.", "she used reasonable care in the maintenance of her brakes.", "she could not reasonably foresee Ladd's presence in the street.", "she did not act willfully and wantonl" ]	Sand Company operated an installation for distributing sand and gravel. The installation was adjacent to a residential area. On Sand's grounds there was a chute with polished metal sides for loading sand and gravel into trucks. The trucks being loaded stopped on the public street below the chute. After closing hours, a...	77
3	[ "not prevail, because Bill was not an aggressor. ", "not prevail unless Bill intended his gesture as a threat.", "prevail if David honestly believed that Bill would attack him.", "prevail only if a reasonable person under the circumstances would have believed that Bill would attack him" ]	Al and Bill are identical twins. Al, angry at David, said, "You'd better stay out of my way. The next time I find you around here, I'll beat you up." Two days later, while in the neighborhood, David saw Bill coming toward him. As Bill came up to David, Bill raised his hand. Thinking Bill was Al and fearing bodily harm,...	79
1	[ "It is not relevant in determining the right of Ped.", "It may be considered by the trier of fact on the issue of Driver's liability.", "It will bar Ped's recovery unless Driver saw Ped in time to avoid the impact.", "It will bar Ped's recovery as a matter of law" ]	Section 1 of the Vehicle Code of State makes it illegal to cross a street in a central business district other than at a designated crosswalk. Section 2 of the Code prohibits parking any motor vehicle so that it blocks any part of a designated crosswalk. Ped wanted to cross Main Street in the central business district ...	80
1	[ "prevail, because Trucker's violation of a state statute makes him strictly liable for all injuries caused thereby. ", "prevail, because the probable purpose of Section 2 of the Vehicle Code of State was to safeguard pedestrians in using crosswalks. ", "not prevail, because Ped assumed the risk of injury when h...	Section 1 of the Vehicle Code of State makes it illegal to cross a street in a central business district other than at a designated crosswalk. Section 2 of the Code prohibits parking any motor vehicle so that it blocks any part of a designated crosswalk. Ped wanted to cross Main Street in the central business district ...	81
2	[ "denied, because the college president, in loco parentis, had the responsibility of preventing unlawful activity by students under the president's supervision. ", "denied, because there was probable cause to make the search and police obtained a warrant before commencing the search. ", "granted, because Green's...	Suspecting that students were using narcotics, the president of a private college arranged for local police to place concealed microphones in several suites of the dormitory. Using these microphones, the college security officers recorded a conversation in which Green, a student, offered to sell marijuana to another st...	82
0	[ "guilty.", "not guilty, because his act did not hasten the deceased's death, but instead prolonged it by one day. ", "not guilty, because the deceased was already suffering from a fatal illness. ", "not guilty, because the poison was not the sole cause of deat" ]	Tom had a heart ailment so serious that his doctors had concluded that only a heart transplant could save his life. They therefore arranged to have him flown to Big City to have the operation performed. Dan, Tom's nephew, who stood to inherit from him, poisoned him. The poison produced a reaction which required postpon...	83
2	[ "Police arrested Thief and recovered goods he had stolen. At the direction of the police, Thief took the goods to Defendant. Defendant, believing the goods to be stolen, purchased them. Defendant is charged with attempting to receive stolen property. ", "Defendant misrepresented his identity to secure a loan from...	In which of the following situations is Defendant most likely to be not guilty of the charge made?	84
1	[ "\"Isn't it a fact that you are Potts' close friend?\" ", "\"Isn't it true that you are known in the community as Louie the Lush' because of your addiction to alcohol?\" ", "\"Didn't you fail to report some income on your tax return last year?\" ", "\"Weren't you convicted, seven years ago in this court, o...	Potts sued Dobbs on a product liability claim. Louis testified for Potts. On cross-examination, which of the following questions is the trial judge most likely to rule improper?	85
3	[ "the judge is convinced that she will incriminate herself.", "there is clear and convincing evidence that she will incriminate herself.", "there is a preponderance of evidence that she will incriminate herself.", "the judge believes that there is some reasonable possibility that she will incriminate herself" ...	In an action to recover for personal injuries arising out of an automobile accident, Plaintiff calls Bystander to testify. Claiming the privilege against self-incrimination, Bystander refuses to answer a question as to whether she was at the scene of the accident. Plaintiff moves that Bystander be ordered to answer the...	86
1	[ "nothing Terrence could have done would have overcome the original absence of a written agreement.", "the actions and payments of Terrence are as consistent with his being a tenant as with an oral contract.", "Terrence did not secure Olga's approval for the improvements that he made.", "Olga has not received ...	Blackacre is a three-acre tract of land with a small residence. Olga, the owner of Blackacre, rented it to Terrence at a monthly rental of $200. After Terrence had been in possession of Blackacre for several years, Terrence and Olga orally agreed that Terrence would purchase Blackacre from Olga for the sum of $24,000, ...	87
2	[ "Only by an offeree's return promise to make a reasonable effort to bring about the arrest and conviction of an arsonist within the scope of the offer.", "Only by an offeree's making the arrest and assisting in the successful conviction of an arsonist within the scope of the offer.", "By an offeree's supplying ...	During 1976 a series of arsons, one of which damaged the Humongous Store, occurred in the City of Swelter. In early 1977 Swelter's City Council adopted this resolution: The City will pay $10,000 for the arrest and conviction of anyone guilty of any of the 1976 arsons committed here. The foregoing was telecast by the ci...	88
3	[ "by lapse of time, on December 31 of the year in which it was made. ", "not by lapse of time, but only by effective revocation. ", "not by revocation, but only by lapse of a reasonable time. ", "either by lapse of a reasonable time or earlier by effective revocatio" ]	During 1976 a series of arsons, one of which damaged the Humongous Store, occurred in the City of Swelter. In early 1977 Swelter's City Council adopted this resolution: The City will pay $10,000 for the arrest and conviction of anyone guilty of any of the 1976 arsons committed here. The foregoing was telecast by the ci...	89
2	[ "by publication in the legal notices of a local newspaper.", "in the same manner as made, i.e., by local telecast at least once daily for one week. ", "in the same manner as made or by a comparable medium and frequency of publicity.", "by notice mailed to all residents of the city and all other reasonably ide...	During 1976 a series of arsons, one of which damaged the Humongous Store, occurred in the City of Swelter. In early 1977 Swelter's City Council adopted this resolution: The City will pay $10,000 for the arrest and conviction of anyone guilty of any of the 1976 arsons committed here. The foregoing was telecast by the ci...	90
3	[ "A unilateral offer of employment by Humongous which became irrevocable for a reasonable number of days after Gimlet commenced his investigation of the store's arson.", "An employment for compensation subject to a condition precedent that Gimlet succeed in his investigation.", "A series of daily bilateral contr...	During 1976 a series of arsons, one of which damaged the Humongous Store, occurred in the City of Swelter. In early 1977 Swelter's City Council adopted this resolution: The City will pay $10,000 for the arrest and conviction of anyone guilty of any of the 1976 arsons committed here. The foregoing was telecast by the ci...	91
1	[ "The city was benefited as a result of Gimlet's services.", "The city's offer was in the nature of a bounty, so that the elements of contract are not essential to the city's liability. ", "The fact that the city attempted to revoke its offer only a few months after making it demonstrated that the attempted revo...	During 1976 a series of arsons, one of which damaged the Humongous Store, occurred in the City of Swelter. In early 1977 Swelter's City Council adopted this resolution: The City will pay $10,000 for the arrest and conviction of anyone guilty of any of the 1976 arsons committed here. The foregoing was telecast by the ci...	92
0	[ "Yes, because Grower intended that the dog frighten Wife. ", "Yes, because the breaking of the leash establishes liability under res ipsa loquitur. ", "No, because Wife made an unauthorized entry on Grower's land. ", "No, because Grower did not intend to cause any harmful contact with Wife" ]	Husband and Wife, walking on a country road, were frightened by a bull running loose on the road. They climbed over a fence to get onto the adjacent property, owned by Grower. After climbing over the fence, Husband and Wife damaged some of Grower's plants which were near the fence. The fence was posted with a large sig...	93
1	[ "Yes, because the landowner did not have a privilege to use excessive force. ", "Yes, if Husband reasonably believed that the dog might bite him. ", "No, if the dog did not come in contact with him. ", "No, if Grower was trying to protect his" ]	Husband and Wife, walking on a country road, were frightened by a bull running loose on the road. They climbed over a fence to get onto the adjacent property, owned by Grower. After climbing over the fence, Husband and Wife damaged some of Grower's plants which were near the fence. The fence was posted with a large sig...	94
0	[ "Yes, because Wife and Husband entered on his land without permission. ", "Yes, because Grower had posted his property with a \"No Trespassing\" sign. ", "No, because Wife and Husband were confronted by an emergency situation. ", "No, because Grower used excessive force toward Wife and Husban" ]	Husband and Wife, walking on a country road, were frightened by a bull running loose on the road. They climbed over a fence to get onto the adjacent property, owned by Grower. After climbing over the fence, Husband and Wife damaged some of Grower's plants which were near the fence. The fence was posted with a large sig...	95
0	[ "there is no rational basis for preferring as heirs collateral relatives and even the state over unacknowledged children, and therefore the law violates the equal protection clause. ", "he has been deprived of property without due process because his fundamental right to inherit has been compromised without a com...	Ben was the illegitimate, unacknowledged child of Fred. Fred died intestate, leaving neither spouse nor any children other than Ben. The state's law of intestate succession provides that an unacknowledged illegitimate child may not inherit his father's property. The spouse, all other blood relations, and the state are ...	96
3	[ "the authority of a state over the disposition of decedents' property located in the state is not affected by the Constitution of the United States", "a statute prescribing the means of disposing of the property of intestate decedents does not constitute invidious discrimination.", "inheritance under intestate ...	Ben was the illegitimate, unacknowledged child of Fred. Fred died intestate, leaving neither spouse nor any children other than Ben. The state's law of intestate succession provides that an unacknowledged illegitimate child may not inherit his father's property. The spouse, all other blood relations, and the state are ...	97
1	[ "nothing.", "a possibility of reverter.", "a right of entry for condition broken.", "a reversion in fee simple absolute" ]	Alice conveyed Twinoaks Farm "to Barbara, her heirs and assigns, so long as the premises are used for residential and farm purposes, then to Charles and his heirs and assigns." The jurisdiction in which Twinoaks Farm is located has adopted the common law Rule Against Perpetuities unmodified by statute. As a consequence...	98
3	[ "recover if the shaft that came loose was a part of the saw when it was new.", "recover, because Power Saw Company was in the business of manufacturing dangerous machines. ", "not recover, because Employee was not the buyer of the power saw. ", "not recover, because the saw had been rebuilt by Storekeepe" ]	Storekeeper, the owner of a large hardware store, sells power saws for both personal and commercial use. He often takes old power saws as trade-ins on new ones. The old power saws are then completely disassembled and rebuilt with new bearings by Storekeeper's employees and sold by Storekeeper as "reconditioned saws." P...	100
0	[ "not recover, because economic loss from injury to an employee is not within the scope of Storekeeper's duty. ", "not recover, because Storekeeper was not the manufacturer of the power saw. ", "recover, because Storekeeper knew that the power saw was to be used in Purchaser's cabinetmaking business. ", "recov...	Storekeeper, the owner of a large hardware store, sells power saws for both personal and commercial use. He often takes old power saws as trade-ins on new ones. The old power saws are then completely disassembled and rebuilt with new bearings by Storekeeper's employees and sold by Storekeeper as "reconditioned saws." P...	101
2	[ "not recover unless Purchaser told Storekeeper that Employee would use the power saw.", "not recover if Employee failed to notice that the shaft was coming loose.", "recover unless Employee knew that the shaft was coming loose.", "recover unless Storekeeper used all possible care in reconditioning the power s...	Storekeeper, the owner of a large hardware store, sells power saws for both personal and commercial use. He often takes old power saws as trade-ins on new ones. The old power saws are then completely disassembled and rebuilt with new bearings by Storekeeper's employees and sold by Storekeeper as "reconditioned saws." P...	102
1	[ "Employee did not purchase the saw blade.", "the blade was being put to an improper use.", "Employee was contributorily negligent in using the blade to cut hard plastic.", "Saw-Blade Company used every available means to inspect the blade for defects." ]	Storekeeper, the owner of a large hardware store, sells power saws for both personal and commercial use. He often takes old power saws as trade-ins on new ones. The old power saws are then completely disassembled and rebuilt with new bearings by Storekeeper's employees and sold by Storekeeper as "reconditioned saws." P...	104
0	[ "Angered because his neighbor is having a noisy party, Defendant fires a rifle into the neighbor's house. The bullet strikes and kills a guest at the party. ", "During an argument, Harry slaps Defendant. Angered, Defendant responds by shooting and killing Harry. ", "Defendant drives his car through a red light ...	In which of the following situations is Defendant most likely to be guilty of common law murder?	105
2	[ "admitted to prove Miller's motive to commit the crime.", "admitted to prove Miller's propensity to commit crimes.", "excluded, because its probative value is substantially outweighed by the danger of unfair prejudice. ", "excluded, because such evidence may be offered only to rebut evidence of good character...	Miller is tried for armed robbery of the First Bank of City.The prosecution, in its case in chief, offers evidence that when Miller was arrested one day after the crime, he had a quantity of heroin and a hypodermic needle in his possession. This evidence should be	106
2	[ "admissible as an identification of a person after perceiving him.", "admissible as past recollection recorded.", "inadmissible as hearsay, not within any exception. ", "inadmissible as an opinion of the teller" ]	Miller is tried for armed robbery of the First Bank of City.At the request of police, the teller who was robbed prepared a sketch bearing a strong likeness to Miller, but the teller died in an automobile accident before Miller was arrested. At trial the prosecution offers the sketch. The sketch is	108
0	[ "proper to show that Miller is inclined to lie.", "proper to show that Miller is inclined to steal money.", "improper, because the conviction has insufficient similarity to the crime charged. ", "improper, because the probative value of the evidence is outweighed by the danger of unfair prejudice" ]	Miller is tried for armed robbery of the First Bank of City.On cross-examination of Miller, the prosecutor asks Miller whether he was convicted the previous year of tax fraud. This question is	110
2	[ "The due process clause of the Fourteenth Amendment.", "The equal protection clause.", "The commerce clause.", "The privileges and immunities clause of the Fourteenth Amendment" ]	In an effort to relieve serious and persistent unemployment in the industrialized state of Onondaga, its legislature enacted a statute requiring every business with annual sales in Onondaga of over one million dollars to purchase goods and/or services in Onondaga equal in value to at least half of the annual sales in O...	111
1	[ "a periodic tenancy was created by implication.", "the doctrine prohibiting retaliatory eviction is part of the law of the jurisdiction.", "the $200 rent demanded violates the agreement implied by the rate charged to other tenants.", "the law implies a term of one year in the absence of any express agreement"...	Tess occupied an apartment in a building owned by Len. She paid rent of $125 in advance each month. During the second month of occupancy, Tess organized the tenants in the building as a tenants' association and the association made demands of Len concerning certain repairs and improvements the tenants wanted. When Tess...	112
0	[ "Breyer's right must await the action of appropriate public authorities to open College Avenue as a public street, since no private easements arose by implication. ", "the Statute of Frauds prevents the introduction of evidence which might prove the necessity for Breyer to use College Avenue.", "Breyer's right ...	Meadowview is a large tract of undeveloped land. Black, the owner of Meadowview, prepared a development plan creating 200 house lots in Meadowview with the necessary streets and public areas. The plan was fully approved by all necessary governmental agencies and duly recorded. However, construction of the streets, util...	113
3	[ "Doe would have to prove that the state did not have a rational basis for enacting this statute.", "Doe would have to prove that the state did not have a compelling need for this statute or that it had less restrictive means by which it could satisfy that need.", "The state would have to prove that it had a rat...	John Doe, the owner of a milk container manufacturing firm, sought to focus public attention on the milk packaging law of the State of Clinton in order to have it repealed. On a weekday at 12 noon, he delivered an excited, animated, and loud harangue on the steps of the State Capitol in front of the main entryway. An a...	114
1	[ "A state taxpayer in the highest tax bracket.", "A politician intending to make a campaign speech on the Capitol steps during a prohibited time.", "A legislator who voted against the statute because he thought it unconstitutional.", "An organization whose purpose was \"to seek judicial invalidation of unconst...	John Doe, the owner of a milk container manufacturing firm, sought to focus public attention on the milk packaging law of the State of Clinton in order to have it repealed. On a weekday at 12 noon, he delivered an excited, animated, and loud harangue on the steps of the State Capitol in front of the main entryway. An a...	115
0	[ "constitutional both on its face and as applied to Doe.", "constitutional on its face, but unconstitutional as applied to Doe. ", "unconstitutional on its face, because it applies to all working days. ", "unconstitutional on its face, because it concerns the State Capito" ]	John Doe, the owner of a milk container manufacturing firm, sought to focus public attention on the milk packaging law of the State of Clinton in order to have it repealed. On a weekday at 12 noon, he delivered an excited, animated, and loud harangue on the steps of the State Capitol in front of the main entryway. An a...	116

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