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Evaluation datasets 29

Dahle is charged with possession of heroin. Prosecution witness Walker, an experienced dog trainer, testified that he was in the airport with a dog trained to detect heroin. As Dahle with a dog trained to detect heroin. As Dahle approached, the dog immediately became alert and pawed and barked frantically at Dahle's briefcase. Dahle managed to run outside and throw his briefcase into the river, from which it could not be recovered. After Walker's experience is established, he is asked to testify as an expert that the dog's reaction told him that Dahle's briefcase contained heroin. Walker's testimony is

0A

Doe negligently caused a fire in his house, and the house burned to the ground. As a result, the sun streamed into Peter's yard next door, which previously had been shaded by Doe's house. The sunshine destroyed some delicate and valuable trees in Peter's yard that could grow only in the shade. Peter has brought a grow only in the shade. Peter has brought a negligence action against Doe for the loss of Peter's trees. Doe has moved to dismiss the complaint. The best argument in support of this motion would be that

1B

Phillips bought a new rifle and wanted to try it out by doing some target shooting. He went out into the country to an area where he had previously hunted. Much to his surprise, he noticed that the area beyond a clearing noticed that the area beyond a clearing contained several newly constructed houses that had not been there before. Between the houses there was a small playground where several children were playing. Nevertheless, Phillips nailed a paper target to a tree and went to a point where the tree was between himself and the playground. He then fired several shots at the target. One of the shots missed the target and the tree and hit and killed one of the children in the playground. Phillips was convicted of murder. He appealed, contending that the evidence was not sufficient to support a conviction of murder. The appellate court should

0A

Dominique obtained a bid of $10,000 to tear down her old building and another bid of $90,000 to replace it with a new structure in which she planned to operate a sporting goods store. Having only limited cash available, Dominique asked Hardcash for a $100,000 loan. After reviewing the plans for the project, Hardcash in a signed writing promised to lend Dominique $100,000 secured by a mortgage on the property and repayable over ten years in equal monthly installments at 10% annual interest. Dominique promptly accepted the demolition bid and the old building was removed, but Hardcash thereafter refused to make the loan. Despite diligent efforts, Dominique was unable to obtain a loan from any other source. Does Dominique have a cause of action against Hardcash?

1B

Dominique obtained a bid of $10,000 to tear down her old building and another bid of $90,000 to replace it with a new structure in which she planned to operate a sporting goods store. Having only limited cash available, Dominique asked Hardcash for a $100,000 loan. After reviewing the plans for the project, Hardcash in a signed writing promised to lend Dominique $100,000 secured by a mortgage on the property and repayable over ten years in equal monthly installments at 10% annual interest. Dominique promptly accepted the demolition bid and the old building was removed, but Hardcash thereafter refused to make the loan. Despite diligent efforts, Dominique was unable to obtain a loan from any other source. For this question only, assume that Dominique has a cause of action against Hardcash. If she sues him for monetary relief, what is the probable measure of her recovery?

2C

Dan, an eight-year-old, rode his bicycle downhis driveway into a busy highway and Driver had to stop her car suddenly to avoid colliding with the bike. Because of the sudden stop, Driver's two-year-old son, Peter, who was sitting on the seat without any restraint, was thrown into the dashboard and injured. Had Peter been properly restrained in a baby car seat, as required by a state safety statute of which his mother was aware, he would not have been injured. In an action brought on Peter's behalf against Dan's parents to recover for Peter's injuries, Peter will

2C

While Hill was in her kitchen, she heard the screech of automobile tires. She ran to the window and saw a tricycle flying through the air. The tricycle had been hit by a car driven by Weber, who had been speeding. She also saw a child's body in the grass adjacent to the street. As a result of her shock from this experience, Hill suffered a heart attack. In a claim by Hill against Weber, the issue on which Hill's right to recover will depend is whether

3D

Suffering from painful and terminal cancer, Willa persuaded Harold, her husband, to kill her to end her misery. As they reminisced about their life together and reaffirmed their love for each other, Harold tried to discourage Willa from giving up. Willa insisted, however, and finally Harold held a gun to her head and killed her. The most serious degree of criminal homicide of which Harold can be legally convicted is

3D

Peterson sued Dylan for libel. After Peterson testified that Dylan wrote to Peterson's employer that Peterson was a thief, Dylan offers evidence that Peterson once stole money from a former employer. The evidence of Peterson's prior theft is

0A

The Federal Computer Abuse Act establishes the Federal Computer Abuse Commission, authorizes the Commission to issue licenses for the possession of computers on terms that are consistent with the purposes of the act, and makes the unlicensed possession of a computer a crime. The provisions of the Federal Computer Abuse Act are inseverable. User applied to the Federal Computer Abuse Commission for a license to possess a computer. The Commission held, and User participated in, a trial-type proceeding on User's license application. In that proceeding it was demonstrated that User repeatedly and intentionally used computers to introduce secret destructive computer programs (computer viruses) into electronic data banks without the consent of their owners. As a result, the Commission denied User's application for a license. The license denial was based on a Commission rule authorized by the Computer Abuse Act that prohibited the issuance of computer licenses to persons who had engaged in such conduct. Nevertheless, User retained and continued to use his computer. He was subsequently convicted of the crime of unlicensed possession of a computer. On appeal, he challenges the constitutionality of the licensing provision of constitutionality of the licensing provision of the Federal Computer Abuse Act. In this case, the reviewing court would probably hold that act to be

1B

Defendant left her car parked on the side of a hill. Two minutes later, the car rolled down the hill and struck and injured Plaintiff. In Plaintiff's negligence action against Defendant, Plaintiff introduced into evidence the facts stated above, which are undisputed. Defendant testified that, when she parked her car, she turned the front wheels into the curb and put on her emergency brakes, which were in good working order. She also introduced evidence that, in the weeks before this incident, juveniles had been seen tampering with cars in the neighborhood. The jury returned a verdict in favor of Defendant, and Plaintiff moved for a judgment notwithstanding the verdict. Plaintiff's motion should be

2C

Able conveyed Blackacre to Baker by a warranty deed. Baker recorded the deed four days later. After the conveyance but prior to Baker's recording of the deed, Smollett properly filed a judgment against Able. The two pertinent statutes in the jurisdiction provide the following: 1) any judgment properly filed shall, for ten years from filing, be a lien on the real property then owned or be a lien on the real property then owned or subsequently acquired by any person against whom the judgment is rendered, and 2) no conveyance or mortgage of real property shall be good against subsequent purchasers for value and without notice unless the same be recorded according to law. The recording act has no provision for a grace period. Smollett joined both Able and Baker in an appropriate action to foreclose the judgment lien against Blackacre. If Smollett is unsuccessful, it will be because

1B

The United States Department of Energy regularly transports nuclear materials through Centerville on the way to a nuclear weapons processing plant it operates in a nearby state. The city of Centerville recently adopted an ordinance prohibiting the transportation of any nuclear materials in or through the city. The ordinance declares that its purpose is to protect the health and safety of the residents of that city. May the Department of Energy continue to transport these nuclear materials through the city of Centerville?

2C

Dart is charged with the statutory offense of "knowingly violating a regulation of the State Alcoholic Beverage Control Board" and specifically that he knowingly violated regulation number 345-90 issued by the State Alcoholic Beverage Control Board. That regulation prohibits the sale of alcoholic beverages to any person under the age of 18 and also prohibits the sale of any alcoholic beverage to a person over the age of 17 and under the age of 22 without the presentation of such person's driver's license or other identification showing the age of the purchaser to be 18 or older. The evidence showed that Dart was a bartender in a tavern and sold a bottle of beer to a person who was 17 years old and that Dart person who was 17 years old and that Dart did not ask for or see the purchaser's driver's license or any other identification. Which of the following, if found by the jury, would be of the most help to Dart?

3D

In a writing signed by both parties on December 1, Kranc agreed to buy from Schaff a gasoline engine for $1,000, delivery to be made on the following for $1,000, delivery to be made on the following February 1. Through a secretarial error, the writing called for delivery on March 1, but neither party noticed the error until February 1. Before signing the agreement, Kranc and Schaff orally agreed that the contract of sale would be effective only if Kranc should notify Schaff in writing not later than January 2 that Kranc had arranged to resell the engine to a third person. Otherwise, they agreed orally, "There is no deal." On December 15, Kranc entered into a contract with Trimota to resell the engine to Trimota at a profit. For this question only, assume the following facts. Kranc did not give Schaff notice of the resale until January 25, and Schaff received it by mail on January 26. Meantime, the value of the engine had unexpectedly increased about 75% since December 1, and Schaff renounced the agreement. If Kranc sues Schaff on February 2 for breach of contract, which of the following is Schaff's best defense?

1B

In a writing signed by both parties on December 1, Kranc agreed to buy from Schaff a gasoline engine for $1,000, delivery to be made on the following for $1,000, delivery to be made on the following February 1. Through a secretarial error, the writing called for delivery on March 1, but neither party noticed the error until February 1. Before signing the agreement, Kranc and Schaff orally agreed that the contract of sale would be effective only if Kranc should notify Schaff in writing not later than January 2 that Kranc had arranged to resell the engine to a third person. Otherwise, they agreed orally, "There is no deal." On December 15, Kranc entered into a contract with Trimota to resell the engine to Trimota at a profit. For this question only, assume the following facts. On December 16, Kranc notified Schaff by telephone of Kranc's resale agreement with Trimota, and explained that a written notice was unfeasible because Kranc's secretary was ill. Schaff replied, "That's okay. I'll get the engine to you on February 1, as we agreed." Having learned, however, that the engine had increased in value about 75% since December 1, Schaff renounced the agreement on February 1. February 1. If Kranc sues Schaff on February 2 for breach of contract, which of the following concepts best supports Kranc's claim?

2C

David owned a shotgun that he used for hunting. David knew that his old friend, Mark, had become involved with a violent gang that recently had a shoot-out with a rival gang. David, who was going to a farm to hunt quail, placed his loaded shotgun on the back seat of his car. On his way to the farm, David picked up Mark to give him a ride to a friend's house. up Mark to give him a ride to a friend's house. After dropping off Mark at the friend's house, David proceeded to the farm, where he discovered that his shotgun was missing from his car. Mark had taken the shotgun and, later in the day, Mark used it to shoot Paul, a member of the rival gang. Paul was severely injured. Paul recovered a judgment for his damages against David, as well as Mark, on the ground that David was negligent in allowing Mark to obtain possession of the gun, and was therefore liable jointly and severally with Mark for Paul's damages. The jurisdiction has a statute that allows contribution based upon proportionate fault and adheres to the traditional common-law rules on indemnity. If David fully satisfies the judgment, David then will have a right to recover from Mark

0A

The legislature of the state of Chetopah enacted a statute requiring that all law enforcement officers in that state be citizens of the United States. Alien, lawfully admitted to permanent residency five years before the enactment of this statute, sought employment as a forensic pathologist in the Chetopah coroner's office. He was denied such a job solely because he was not a citizen. Alien thereupon brought suit in federal district court against appropriate Chetopah officials seeking to invalidate this citizenship requirement on federal constitutional grounds. The strongest ground upon which to attack this citizenship requirement is that it

3D

Olwen owned 80 acres of land, fronting on a town road. Two years ago, Olwen sold to Buck the back 40 acres. The 40 acres sold to Buck did not adjoin any public road. Olwen's deed to Buck expressly granted a right-of-way over a specified strip of Olwen's retained 40 acres, so Buck could reach the town road. The deed was promptly and properly recorded. Last year, Buck conveyed the back 40 acres to Sam. They had discussed the right-of-way over Olwen's land to the road, but Buck's deed to Sam made no mention of it. Sam began to use the right-of-way as Buck had, but Olwen use the right-of-way as Buck had, but Olwen sued to enjoin such use by Sam. The court should decide for

1B

Dickinson was charged with possession of cocaine. At Dickinson's trial, the prosecution established that, when approached by police on a suburban residential street corner, Dickinson dropped a plastic bag and ran, and that when the police returned to the corner a few minutes later after catching Dickinson, they found a plastic bag containing white powder. Dickinson objects to introduction of this bag (the contents of which would later be established to be cocaine), citing lack of adequate identification. The objection should be

0A

Chemco manufactured a liquid chemical product known as XRX. Some XRX leaked from a storage tank on Chemco's property, seeped into the groundwater, flowed to Farmer's adjacent property, and polluted Farmer's well. Several of Farmer's cows drank the polluted well water and died. If Farmer brings an action against Chemco to recover the value of the cows that died, Farmer will

1B

A threatening telephone call that purports to be from Defendant to Witness is most likely to be admitted against Defendant if

2C

The open-air amphitheater in the city park of Rightville has been utilized for concerts and other entertainment programs. Until this year, each of the groups performing in that city facility was allowed to make its own arrangements for sound equipment and sound technicians. After recurring complaints from occupants of residential buildings adjacent to the city park about intrusive noise from some performances held in the amphitheater, the Rightville City held in the amphitheater, the Rightville City Council passed an ordinance establishing city control over all sound amplification at all programs held there. The ordinance provided that Rightville's Department of Parks would be the sole provider in the amphitheater of sound amplification equipment and of the technicians to operate the equipment "to ensure a proper balance between the quality of the sound at such performances and respect for the privacy of nearby residential neighbors." Which of the following standards should a court use to determine the constitutionality on its face of this content neutral ordinance?

0A

Smith and Penn were charged with murder. Each gave a confession to the police that implicated both of them. Smith later retracted her confession, claiming that it was coerced. Smith and Penn were tried together. The prosecutor offered both confessions into evidence. Smith and Penn objected. After a hearing, the trial judge found that both confessions were voluntary and admitted both into evidence. Smith testified at trial. She denied any involvement in the crime and claimed that her confession was false and the result of coercion. Both defendants were convicted. On appeal, Smith contends her conviction should be reversed because of the admission into evidence of Penn's confession. Smith's contention is

0A

The state of Orrington wanted to prevent its only major league baseball team, the privately owned and operated Orrington Opossums, from moving to the rival state of Atrium. After a heated political debate in the legislature, a heated political debate in the legislature, Orrington enacted legislation providing for a one-time grant of $10 million in state funds to the Opossums to cover part of the projected income losses the team would suffer during the next five years if it remained in that state. The legislation required that the team remain in the state for at least ten years if it accepted the grant. After accepting the grant, the owners of the Opossums decided to build a new $150 million stadium in Orrington. As plans for the construction of the new stadium proceeded, it became evident that all of the contractors and subcontractors would be white males, and that they had been chosen by the owners of the Opossums without any public bids because these contractors and subcontractors had successfully built the only other new baseball stadium in the region. Several contractors who were females or members of minority racial groups filed suit against the owners of the Opossums in federal district court to compel public solicitation of bids for the construction of its new stadium on an equal opportunity basis, and to enjoin construction of the stadium until compliance was ensured. Their only claim was that the contracting practices of the owners of the Opossums denied them the equal protection of the laws in violation of the Fourteenth Amendment. In this suit, the court will probably rule that

2C

Walker, who knew nothing about horses, inherited Aberlone, a thoroughbred colt whose disagreeable behavior made him a pest around the barn. Walker sold the colt for $1,500 to Sherwood, an experienced racehorse-trainer who knew of Walker's ignorance about horses. At the time of sale, Walker said to Sherwood, "I hate to say it, but this horse is said to Sherwood, "I hate to say it, but this horse is bad-tempered and nothing special." For this question only, assume that soon after the sale, Aberlone won three races and earned $400,000 for Sherwood. Which of the following additional facts, if established by Walker, would best support his chance of obtaining rescission of the sale to Sherwood?

1B

Walker, who knew nothing about horses, inherited Aberlone, a thoroughbred colt whose disagreeable behavior made him a pest around the barn. Walker sold the colt for $1,500 to Sherwood, an experienced racehorse-trainer who knew of Walker's ignorance about horses. At the time of sale, Walker said to Sherwood, "I hate to say it, but this horse is said to Sherwood, "I hate to say it, but this horse is bad-tempered and nothing special." Which one of the following scenarios would best support an action by Sherwood, rather than Walker, to rescind the sale?

0A

Sixty years ago by a properly executed and recorded deed, Albert conveyed Greenacre, a tract of land: "To Louis for life, then to Louis's widow for her life, then to Louis's child or children in equal shares." At that time, Louis, who was Albert's grandson, was six years old. Shortly thereafter, Albert died testate. Louis was his only heir at law. Albert's will left his entire estate to First Church. Twenty-five years ago, when he was 41, Louis married Maria who was then 20 years old; they had one child, Norman. Maria and Norman were killed in an automobile accident three years ago when Norman was 21. Norman died testate, leaving his entire estate to the American Red Cross. His father, Louis, was Norman's sole heir at law. Two years ago, Louis married Zelda. They had no children. This year, Louis died testate, survived by his widow, Zelda, to whom he left his entire estate. The common-law Rule Against Perpetuities is unchanged by statute in the jurisdiction. In an appropriate action to determine the ownership of Greenacre, the court should find that title is vested in

3D

In an automobile collision case brought by Poe against Davies, Poe introduced evidence that Ellis made an excited utterance that Davies ran the red light. Davies called Witt to testify that later Ellis, a bystander, now deceased, told Witt that Davies went through a yellow light. Witt's testimony should be

2C

Plaintiff, a jockey, was seriously injured in a race when another jockey, Daring, cut too sharply in front of her without adequate clearance. The two horses collided, causing Plaintiff to fall to the ground, sustaining injury. The State Racetrack Commission ruled that, by cutting in too sharply, Daring committed a foul in violation of racetrack rules requiring adequate clearance for crossing lanes. Plaintiff has brought an action against Daring for damages in which one count is based on battery. Will Plaintiff prevail on the battery claim?

2C

Able entered into a written contract with Baker to sell Greenacre. The contract was dated June 19 and called for a closing date on the following August 19. There was no other provision in the contract concerning the closing date. The contract contained the following clause: "subject to the purchaser, Baker, obtaining a satisfactory mortgage at the current rate." On the date provided for closing, Baker advised Able that he was unable to close because his mortgage application was still being processed by a bank. Able desired to declare the contract at an end and consulted his attorney in regard to his legal position. Which of the following are relevant in advising Able of his legal position? I. Is time of the essence? II. Parol evidence rule. III. Statute of Frauds. IV. Specific performance.

3D

Lester was engaged to marry Sylvia. One evening, Lester became enraged at the comments of Sylvia's eight-year-old daughter, Cynthia, who was complaining, in her usual fashion, that she did not want her mother to marry Lester. Lester, who had had too much to drink, began beating her. Cynthia suffered some bruises and a broken arm. Sylvia took Cynthia to the hospital. The police were notified by the hospital staff. Lester was notified by the hospital staff. Lester was indicted for felony child abuse. Lester pleaded with Sylvia to forgive him and to run away with him. She agreed. They moved out of state and took Cynthia with them. Without the testimony of the child, the prosecution was forced to dismiss the case. Some time later, Sylvia returned for a visit with her family and was arrested and indicted as an accessory-after-the-fact to child abuse. At her trial, the court should

3D

In response to massive layoffs of employees of automobile assembly plants located in the state of Ames, the legislature of that state enacted a statute which prohibits the parking of automobiles manufactured outside of the United States in any parking lot or parking structure that is owned or operated by the state or any of its instrumentalities. This statute does not apply to parking on public streets. Which of the following is the strongest argument with which to challenge the constitutionality of this statute?

0A

Pate sued Dr. Doke for psychiatric malpractice and called Dr. Will as an expert witness. During Will's direct testimony, Will identified a text as a reliable authority in the field. He seeks to read to the jury passages from this book on which he had relied in forming his opinion on the proper standard of care. The passage is

0A

The Daily Sun, a newspaper, printed an article that stated: Kitchen, the popular restaurant on the town square, has closed its doors. Kitchen employees have told the Daily Sun that the closing resulted from the owner's belief that Kitchen's general manager has embezzled thousands of dollars from the restaurant over the last several years. A decision on reopening the restaurant will be made after the completion of an audit of Kitchen's books. Plaintiff, who is Kitchen's general manager, brought a libel action against the Daily Sun based on the publication of this article. The parties stipulated that Plaintiff never embezzled any funds from Kitchen. They also stipulated that Plaintiff is well known among many people in the community because of his job with Kitchen. The case went to trial before a jury. The defendant's motion for a directed verdict in its favor, made at the close of the evidence, should be granted if the

1B

Surgeon performed a sterilization operation on Patient. After the surgery, Surgeon performed a test that showed that Patient's fallopian tubes a test that showed that Patient's fallopian tubes were not severed, as was necessary for sterilization. Surgeon did not reveal the failure of the operation to Patient, who three years later became pregnant and delivered a baby afflicted with a severe birth defect that will require substantial medical care throughout its life. The birth defect resulted from a genetic defect unknown to, and undiscoverable by, Surgeon. Patient brought an action on her own behalf against Surgeon, seeking to recover the cost of her medical care for the delivery of the baby, and the baby's extraordinary future medical expenses for which Patient will be responsible. Which of the following questions is relevant to the lawsuit and currently most difficult to answer?

3D

Robert walked into a store that had a checkcashing service and tried to cash a $550 check which was payable to him. The attendant on duty refused to cash the check because Robert did not have two forms of identification, which the store's policies required. Robert, who had no money except for the check and who needed cash to pay for food and a place to sleep, became agitated. He put his hand into his pocket and growled, "Give me the money or I'll start shooting." The attendant, who knew Robert as a neighborhood character, did not believe that he was violent or had a gun. However, because the attendant felt sorry for Robert, he handed over the cash. Robert left the check on the counter and departed. The attendant picked up the check and found that Robert had failed to endorse it. If Robert is guilty of any crime, he is most likely guilty of

1B

Kabb, the owner of a fleet of taxis, contracted with Petrol, a dealer in petroleum products, for the purchase and sale of Kabb's total requirements of gasoline and oil for one year. As part of that agreement, Petrol also agreed with Kabb that for one year Petrol would place all his advertising with Ada Artiste, Kabb's wife, who owned her own small advertising agency. When Artiste was informed of the Kabb-Petrol contract, she declined to accept an advertising account from the Deturgid Soap Company because she could not handle both the Petrol and Deturgid accounts during the same year. For this question only, assume the following facts. During the first month of the contract, Kabb purchased substantial amounts of his gasoline from a supplier other than Petrol, and Petrol thereupon notified Artiste that he would no longer place his advertising with her agency. In an action against Petrol for breach of contract, Artiste probably will

2C

Kabb, the owner of a fleet of taxis, contracted with Petrol, a dealer in petroleum products, for the purchase and sale of Kabb's total requirements of gasoline and oil for one year. As part of that agreement, Petrol also agreed with Kabb that for one year Petrol would place all his advertising with Ada Artiste, Kabb's wife, who owned her own small advertising agency. When Artiste was informed of the Kabb-Petrol contract, she declined to accept an advertising account from the Deturgid Soap Company because she could not handle both the Petrol and Deturgid accounts during the same year. For this question only, make the following assumptions. Artiste was an intended beneficiary under the Kabb-Petrol contract. Kabb performed his contract with Petrol for six months, and during that time Petrol placed his advertising with Artiste. At the end of the six months, Kabb and Artiste were divorced, and Kabb then told Petrol that he had no further obligation to place his advertising with Artiste. Petrol thereupon notified Artiste that he would no longer place his advertising with her. In an action against Petrol for breach of contract, Artiste probably will

0A

76. Drew, the owner of a truck leasing company, asked Pat, one of Drew's employees, to deliver $1,000 to the dealership's main office. The following week, as a result of a dispute over whether the money had been delivered, Drew instructed Pat to come to the office to submit to a lie detector test. When Pat reported to Drew's office for the test, it was not administered. Instead, without hearing Pat's story, Drew shouted at him, hearing Pat's story, Drew shouted at him, "You're a thief!" and fired him. Drew's shout was overheard by several other employees who were in another office, which was separated from Drew's office by a thin partition. The next day, Pat accepted another job at a higher salary. Several weeks later, upon discovering that the money had not been stolen, Drew offered to rehire Pat. In a suit for slander by Pat against Drew, Pat will

1B

Adam owns his home, Blackacre, which was mortgaged to Bank by a duly recorded purchase money mortgage. Last year, Adam purchase money mortgage. Last year, Adam replaced all of Blackacre's old windows with new windows. Each new window consists of a window frame with three inserts: regular windows, storm windows, and screens. The windows are designed so that each insert can be easily inserted or removed from the window frame without tools to adjust to seasonal change and to facilitate the cleaning of the inserts. The new windows were expensive. Adam purchased them on credit, signed a financing statement, and granted a security interest in the windows to Vend, the supplier of the windows. Vend promptly and properly filed and recorded the financing statement before the windows were installed. Adam stored the old windows in the basement of Blackacre. This year, Adam has suffered severe financial reverses and has defaulted on his mortgage obligation to Bank and on his obligation to Vend. Bank brought an appropriate action to enjoin Vend from its proposed repossession of the Vend from its proposed repossession of the window inserts. In the action, the court should rule for

2C

In a suit by Palmer against Denby, Palmer sought to subpoena an audiotape on which Denby had narrated his version of the dispute for his attorney. Counsel for Denby moves to quash the subpoena on the ground of privilege. The audiotape is most likely to be subject to subpoena if

0A

The National Ecological Balance Act prohibits the destruction or removal of any wild animals located on lands owned by the United States without express permission from the Federal Bureau of Land Management. Violators are subject to fines of up to $1,000 per offense. After substantial property damage was inflicted on residents of the state of Arkota by hungry coyotes, the state legislature passed the Coyote Bounty Bill, which offers $25 for each coyote killed or captured within the state. The Kota National Forest, owned by the federal government, is located entirely within the state of Arkota. Many coyotes live in the Kota National Forest. National Forest. Without seeking permission from the Bureau of Land Management, Hunter shot several coyotes in the Kota National Forest and collected the bounty from the state of Arkota. As a result, he was subsequently tried in federal district court, convicted, and fined $1,000 for violating the National Ecological Balance Act. Hunter appealed his conviction to the United States Court of Appeals. On appeal, the Court of Appeals should hold the National Ecological Balance Act, as applied to Hunter, to be

0A

A kidnapping statute in State A makes it a crime for a person, including a parent, to "take a child from the custody of his custodial parent, knowing he has no privilege to do so." After a bitter court battle Ann and Dave were divorced and Ann was given custody of their daughter, Maria. Dave later moved to State B where he brought an action to obtain custody of Maria. A local judge awarded him custody. His attorney incorrectly advised him that, under this award, he was entitled to take Maria away from Ann. Dave drove to State A, picked Maria up at her preschool, and took her back to State B with him. He was indicted for kidnapping in State A, extradited from State B, and tried. At trial, he testified that he had relied on his attorney's advice in taking Maria, and that at the time he believed his conduct was not illegal. If the jury believes his testimony, Dave should be

1B

Owen, the owner of Greenacre, a tract of land, mortgaged Greenacre to ABC Bank to secure his preexisting obligation to ABC Bank. The mortgage was promptly and properly recorded. Owen and Newton then entered into a valid written contract for the purchase and sale of Greenacre, which provided for the transfer of "a marketable title, free of encumbrances." The contract did not expressly refer to the mortgage. Shortly after entering into the contract, Newton found another property that much better suited her needs and decided to try to avoid her contract with Owen. When Newton discovered the existence of the mortgage, she asserted that the title was encumbered and that she would not close. Owen responded by offering to provide for payment and discharge of the mortgage at the closing from the proceeds of the closing. Newton refused to go forward, and Owen brought an appropriate action against her for specific performance. If the court holds for Owen in this action, it will most likely be because

2C

Pawn sued Dalton for injuries received when she fell down a stairway in Dalton's apartment building. Pawn, a guest in the building, alleged that she caught the heel of her shoe in a tear in the stair carpet. Pawn calls Witt, a tenant, to testify that Young, another tenant, had said to him a week before Pawn's fall: "When I paid my rent this morning, I told the manager he my rent this morning, I told the manager he had better fix that torn carpet." Young's statement, reported by Witt, is

3D

A law of the state of Wonatol imposed a generally applicable sales tax payable by the vendor. That law exempted from its provisions the sale of "all magazines, periodicals, newspapers, and books." In order to raise additional revenue, the state legislature eliminated that broad exemption and substituted a narrower exemption. The new, narrower exemption excluded from the state sales tax only the sale of those "magazines, periodicals, newspapers, and books that are published or distributed by a recognized published or distributed by a recognized religious faith and that consist wholly of writings sacred to such a religious faith." Magazine is a monthly publication devoted to history and politics. Magazine paid under protest the sales tax due on its sales according to the amended sales tax law. Magazine then filed suit against the state in an appropriate state court for a refund of the sales taxes paid. It contended that the state's elimination of the earlier, broader exemption and adoption of the new, narrower exemption restricted to sacred writings of recognized religious faiths violates the First and Fourteenth Amendments to the Constitution. In this case, the court will probably rule that

2C

Defendant was prosecuted for bankruptcy fraud. Defendant's wife, now deceased, had testified adversely to Defendant during earlier bankruptcy proceedings that involved similar issues. Although the wife had been crossexamined, no serious effort was made to challenge her credibility despite the availability of significant impeachment information. At the fraud trial, the prosecutor offers into evidence the testimony given by Defendant's wife at the bankruptcy proceeding. This evidence should be

0A

Mermaid owns an exceptionally seaworthy boat that she charters for sport fishing at a $500 daily rate. The fee includes the use of the boat with Mermaid as the captain, and one other crew member, as well as fishing tackle and bait. On May 1, Phinney agreed with Mermaid that Phinney would have the full-day use of the boat on May 15 for himself and his family for $500. Phinney paid an advance deposit of $200 and signed an agreement that the deposit could be retained by Mermaid as liquidated damages in the event Phinney canceled or failed to appear. For this question only, assume the following facts. At the time of contracting, Mermaid told Phinney to be at the dock at 5 a.m. on May 15. Phinney and his family, however, did not show up on May 15 until noon. Meantime, Mermaid agreed at 10 a.m. to take Tess and her family out fishing for the rest of the day. Tess had happened to come by and inquire about the possibility of such an outing. In view of the late hour, Mermaid charged Tess $400 and stayed out two hours beyond the customary return time. Phinney's failure to appear until noon was due to the fact that he had been trying to charter another boat across the bay at a lower rate and had gotten lost after he was unsuccessful in getting such a charter. Which of the following is an accurate statement concerning the rights of the parties?

0A

Mermaid owns an exceptionally seaworthy boat that she charters for sport fishing at a $500 daily rate. The fee includes the use of the boat with Mermaid as the captain, and one other crew member, as well as fishing tackle and bait. On May 1, Phinney agreed with Mermaid that Phinney would have the full-day use of the boat on May 15 for himself and his family for $500. Phinney paid an advance deposit of $200 and signed an agreement that the deposit could be retained by Mermaid as liquidated damages in the event Phinney canceled or failed to appear. For this question only, assume the following facts. On May 15 at 1 a.m., the Coast Guard had issued offshore "heavy weather" warnings and prohibited all small vessels the size of Mermaid's from leaving the harbor. This prohibition remained in effect throughout the day. Phinney did not appear at all on May 15, because he had heard the weather warnings on his radio. Which of the following is an accurate statement?

0A

Eight years ago, Orben, prior to moving to a distant city, conveyed Blackacre, an isolated farm, to his son, Sam, by a quitclaim deed. Sam paid no consideration. Sam, who was 19 years old, without formal education, and without experience in business, took possession of Blackacre and operated the farm but neglected to record his deed. Subsequently, Orben conveyed Blackacre to Fred by warranty deed. Fred, a substantial land and timber promoter, paid valuable consideration for the deed to him. He was unaware of Sam's possession, his quitclaim deed, or his relationship to Orben. Fred promptly and properly recorded his deed and began removing timber from the land. Immediately removing timber from the land. Immediately upon learning of Fred's actions, Sam recorded his deed and brought an appropriate action to enjoin Fred from removing the timber and to quiet title in Sam. The recording act of the jurisdiction provides: "No conveyance or mortgage of real property shall be good against subsequent purchasers for value and without notice unless the same be recorded according to law." In this action, Fred should

2C

Brown owned Blackacre, a tract of undeveloped land. Blackacre abuts Whiteacre, a tract of land owned by Agency, the state's governmental energy agency. At Whiteacre, Agency has operated a waste-to-electricity recycling facility for 12 years. Blackacre and Whiteacre are in a remote area and Whiteacre is the only developed parcel of real estate within a ten-mile radius. The boundary line between Blackacre and Whiteacre had never been surveyed or marked on the face of the earth. During the past 12 years, some of the trucks bringing waste to the Agency facility have dumped their loads so that the piles of waste extend from Whiteacre onto a portion of Blackacre. However, prior to the four-week period during each calendar year when the Agency facility is closed for inspection and repairs, the waste piles are reduced to minimal levels so that during each of the four-week closures no waste was, in fact, piled on Blackacre. Neither Brown nor any representative of Agency knew the facts about the relation of the boundary line to the waste piles. The time for acquiring title by adverse possession in the jurisdiction is ten years. Last year, Brown died, and his son, Silas, succeeded him as the owner of Blackacre. Silas became aware of the facts, demanded that Agency stop using Blackacre for the piling of waste, and, when Agency refused his demand, brought an appropriate action to enjoin any such use of Blackacre in the future. If Agency prevails in that action, it will be because

0A

Defendant was charged with possession of cocaine with intent to distribute. He had been stopped while driving a car and several pounds of cocaine were found in the trunk. In his opening statement, defendant's counsel asserted that his client had no key to the trunk and no knowledge of its contents. The prosecutor offers the state motor vehicle registration, shown to have been found in the glove compartment of the car, listing Defendant as the owner. The registration should be

1B

Donald was arrested in Marilyn's apartment after her neighbors had reported sounds of a struggle and the police had arrived to find Donald bent over Marilyn's prostrate body. Marilyn was rushed to the hospital where she lapsed into a coma. Despite the explanation that he was trying to revive Marilyn after she suddenly collapsed, Donald was charged with attempted rape and assault after a neighbor informed the police that she had heard Marilyn sobbing, "No, please no, let me alone." At trial, the forensic evidence was inconclusive. The jury acquitted Donald of attempted rape but convicted him of assault. While he was serving his sentence for assault, Marilyn, who had never recovered from the coma, died. Donald was then indicted and tried on a charge of felony murder. In this common-law jurisdiction, there is no statute that prevents a prosecutor from proceeding in this manner, but Donald argued that a second trial for felony murder after his original trial for attempted rape and assault would violate the double jeopardy clause. His claim is

0A

Ogle owned Greenacre, a tract of land, in fee simple. Five years ago, he executed and delivered to Lilly an instrument in the proper form of a warranty deed that conveyed Greenacre to Lilly "for and during the term of her natural life." No other estate or interest or person taking an interest was mentioned. Lilly took possession of Greenacre and has remained in possession. Fifteen months ago, Ogle died, leaving a will that has been duly admitted to probate. The will, inter alia, had the following provision: "I devise Greenacre to Mina for her natural life and from and after Mina's death to Rex, his heirs and assigns, forever." Administration of Ogle's estate has been completed. Mina claims the immediate right to possession of Greenacre. Rex also asserts a right to immediate possession. In an appropriate lawsuit to which Lilly, Mina, and Rex are parties, who should be adjudged to have the right to immediate possession?

0A

Devlin was charged with murder. Several witnesses testified that the crime was committed by a person of Devlin's general description who walked with a severe limp. Devlin in fact walks with a severe limp. He objected to a prosecution request that the court order him to walk across the courtroom in order to display his limp to the jury to assist it in determining whether Devlin was the person that the witnesses had seen. Devlin's objection will most likely be

2C

A statute of the state of Kiowa provided state monetary grants to private dance, theater, and opera groups located in that state. The statute required recipients of such grants to use the granted monies for the acquisition, construction, and maintenance of appropriate facilities for the public performance of their performing arts. The last section of the statute conditioned the award of each such grant on the recipient's agreement to refrain from all kinds of political lobbying calculated to secure additional tax support for the performing arts. The strongest constitutional basis for an attack upon the validity of the last section of the statute would be based upon the

3D

Penkov suffered a severe loss when his manufacturing plant, located in a shallow ravine, was flooded during a sustained rainfall. The flooding occurred because City had failed to maintain its storm drain, which was located on City land above Penkov's premises, and because Railroad had failed to maintain its storm drain, which was located on Railroad land below Penkov's premises. The flooding would not have occurred if either one of the two storm drains had been maintained properly. Penkov sued Railroad to recover compensation for his loss. The evidence in the case established that the failures of the two drains were caused by the respective negligence of City and Railroad. There is no special rule City and Railroad. There is no special rule insulating City from liability. In his action against Railroad, Penkov should recover

3D

Smith asked Jones if he would loan him $500, promising to repay the amount within two weeks. Jones loaned him the $500. The next day Smith took the money to the race track and lost all of it betting on horse races. He then left town for six months. He has not repaid Jones. Smith has committed

3D

Assume that Congress passed and the President signed the following statute: "The appellate jurisdiction of the United States Supreme Court shall not extend to any case involving the constitutionality of any state statute limiting the circumstances in which a statute limiting the circumstances in which a woman may obtain an abortion, or involving the constitutionality of this statute." The strongest argument against the constitutionality of this statute is that

0A

The federal statute admitting the state of Blue to the Union granted Blue certain public lands, and established some very ambiguous conditions on the subsequent disposition of these lands by Blue. This federal statute also required the new state to write those exact same conditions into its state constitution. One same conditions into its state constitution. One hundred years later, a statute of Blue dealing with the sale of these public lands was challenged in a state court lawsuit on the ground that it was inconsistent with the conditions contained in the federal statute, and with the provisions of the Blue Constitution that exactly copy the conditions contained in the federal statute. The trial court decision in this case was appealed to the Blue Supreme Court. In its opinion, the Blue Supreme Court dealt at length with the ambiguous language of the federal statute and with cases interpreting identical language in federal statutes admitting other states to the union. The Blue Supreme Court opinion did not discuss the similar provisions of the Blue Constitution, but it did hold that the challenged Blue statute is invalid because it is "inconsistent with the language of the federal statute and therefore is inconsistent with the identical provisions of our state constitution." If the losing party in the Blue Supreme Court seeks review of the decision of that court in the United States Supreme Court, the United States Supreme Court should

0A

Trawf, the manager of a state fair, contracted 100. with Schweinebauch, a renowned hog breeder, to exhibit Schweinebauch's world champion animal, Megahawg, for the three weeks of the annual fair, at the conclusion of which Schweinebauch would receive an honorarium of $300. Two days before the opening of the fair, Megahawg took sick with boarsitis, a communicable disease among swine, and, under the applicable state quarantine law, very probably could not be exhibited for at least a month. Upon learning this, Trawf can legally pursue which of the following courses of action with respect to his contract with Schweinebauch?

2C

The manager of a department store noticed that Paula was carrying a scarf with her as she examined various items in the blouse department. The manager recognized the scarf as an expensive one carried by the store. Paula was trying to find a blouse that matched a color in the scarf, and, after a while, found one. The manager then saw Paula put the scarf into her purse, pay for the blouse, and head for the door. The manager, who was eight inches taller than Paula, blocked Paula's way to the door and asked to see the scarf in Paula's purse. Paula produced the scarf, as well as a receipt for it, showing that it had been purchased from the store on the previous day. The manager then told Paula there was no problem, and stepped out of her way. If Paula brings a claim against the store based on false imprisonment, the store's best defense would be that

1B

A proposed federal statute would prohibit all types of discrimination against black persons on the basis of their race in every business transaction executed anywhere in the United States by any person or entity, governmental or private. Is this proposed federal statute likely to be constitutional?

1B

Sam told Horace, his neighbor, that he was going away for two weeks and asked Horace to keep an eye on his house. Horace agreed. Sam gave Horace a key to use to check on the house. Horace decided to have a party in Sam's house. He invited a number of friends. One friend, Lewis, went into Sam's bedroom, took some of Sam's rings, and put them in his pocket. Which of the following is true?

3D

John's father, Jeremiah, died in Hospital. Hospital maintains a morgue with refrigerated drawers a bit larger than a human body. Jeremiah's body was placed in such a drawer awaiting pickup by a mortician. Before the mortician called for the body, a Hospital orderly placed two opaque plastic bags in the drawer with Jeremiah's body. One bag contained Jeremiah's personal effects, and the other contained an amputated leg from some other Hospital patient. It is stipulated that Hospital was negligent to allow the amputated leg to get into Jeremiah's drawer. The mortician delivered the two opaque plastic bags to John, assuming both contained personal effects. John was shocked when he opened the bag containing the amputated leg. John sued Hospital to recover for his emotional distress. At the trial, John testified that the experience had been extremely upsetting, that he had had recurring nightmares about it, and that his family and business relationships had been adversely affected for a period of several months. He did not seek medical or psychiatric treatment for his emotional distress. Who should prevail?

0A

Able was the owner of Greenacre, a large tract of land. Able entered into a binding written contract with Baker for the sale and purchase of Greenacre for $125,000. The contract required Able to convey marketable record title. Baker decided to protect his interest and promptly and properly recorded the contract. Thereafter, but before the date scheduled for the closing, Charlie obtained and properly filed a final judgment against Able in the amount of $1 million in a personal injury suit. A statute in the jurisdiction provides: "Any judgment properly filed shall, for ten years from filing, be a lien on the real property then owned or subsequently acquired by any person against whom the judgment is rendered." The recording act of the jurisdiction authorizes recording of contracts and also provides: "No conveyance or mortgage of real property shall be good against subsequent purchasers for value and without notice unless the same be recorded according to law." There are no other relevant statutory provisions. At the closing, Baker declined to accept the title of Able on the ground that Charlie's judgment lien encumbered the title he would receive and rendered it unmarketable. Able receive and rendered it unmarketable. Able brought an appropriate action against Baker for specific performance of the contract and joined Charlie as a party. In this action, the judgment should be for

1B

Post sued Dint for dissolution of their yearlong partnership. One issue concerned the amount of money Post had received in cash. amount of money Post had received in cash. It was customary for Dint to give Post money from the cash register as Post needed it for personal expenses. Post testified that, as he received money, he jotted down the amounts in the partnership ledger. Although Dint had access to the ledger, he made no changes in it. The ledger was admitted into evidence. Dint seeks to testify to his memory of much larger amounts he had given Post. Dint's testimony is

0A

In a signed writing, Nimrod contracted to purchase a 25-foot travel trailer from Trailco for $15,000, cash on delivery no later than for $15,000, cash on delivery no later than June 1. Nimrod arrived at the Trailco sales lot on Sunday, May 31, to pay for and take delivery of the trailer, but refused to do so when he discovered that the spare tire was missing. Trailco offered to install a spare tire on Monday when its service department would open, but Nimrod replied that he did not want the trailer and would purchase another one elsewhere. Which of the following is accurate?

0A

Oker owned in fee simple two adjoining lots, Lots 1 and 2. He conveyed in fee simple Lot 1 to Frank. The deed was in usual form of a warranty deed with the following provision inserted in the appropriate place: "Grantor, for himself, his heirs and assigns, does covenant and agree that any reasonable expense incurred by grantee, his heirs and assigns, as the result of having to repair the retaining wall presently situated on Lot 1 at the common boundary with Lot 2, shall be reimbursed one-half the costs of repairs; and by this provision the parties intend a covenant running with the land." Frank conveyed Lot 1 in fee simple to Sara by warranty deed in usual and regular form. The deed omitted any reference to the retaining wall or any covenant. Fifty years after Oker's conveyance to Frank, Sara conveyed Lot 1 in fee simple to Tim by warranty deed in usual form; this deed omitted any reference to the retaining wall or the covenant. There is no statute that applies to any aspect of the problems presented except a recording act and a statute providing for acquisition of title after ten years of adverse possession. All conveyances by deeds were for a consideration equal to fair market value. The deed from Oker to Frank was never recorded. All other deeds were promptly and properly recorded. Lot 2 is now owned by Henry, who took by intestate succession from Oker, now dead. Tim expended $3,500 on the retaining wall. Then he obtained all of the original deeds in the chain from Oker to him. Shortly thereafter, Tim discovered the covenant in Oker's deed to Frank. He demanded that Henry pay $1,750, and when Henry refused, Tim instituted an appropriate action to recover that sum from Henry. In such action, Henry asserted all defenses available to him. defenses available to him. If judgment is for Henry, it will be because

3D

While Prudence was leaving an elevator, it suddenly dropped several inches, causing her to fall. An investigation of the accident revealed that the elevator dropped because it had been negligently maintained by the Acme Elevator Company. Acme had a contract with the owner of the building to inspect and maintain the elevator. Prudence's fall severely aggravated a preexisting physical disability. If Prudence sues Acme Elevator Company for damages for her injuries, she should recover

3D

Dix is on trial for killing Vetter. The prosecutor calls Winn to testify that after being shot, Vetter said, "Dix did it." Before the testimony is given, Dix's lawyer asks for a hearing on whether Vetter believed his death was imminent when he made the statement. Before permitting evidence of the dying declaration, the judge should hear evidence on the issue from

0A

Police received an anonymous tip that Tusitala was growing marijuana in her backyard, which was surrounded by a 15-foot high, solid wooden fence. Officer Boa was unable to view the yard from the street, so he used a police helicopter to fly over Tusitala's house. Boa identified a large patch of marijuana plants growing right next to the house and used this observation to obtain a search warrant. Tusitala is prosecuted for possession of marijuana and moves to suppress use of the marijuana in evidence. The court should

3D

Buyem faxed the following signed message to Zeller, his long-time widget supplier: "Urgently need blue widgets. Ship immediately three gross at your current list price of $600." Upon receipt of the fax, Zeller shipped three gross of red widgets to Buyem, and faxed to Buyem the following message: "Temporarily out of blue. In case red will help, am shipping three gross at the same price. Hope you can use them." Upon Buyem's timely receipt of both the shipment and Zeller's fax, which of the following best describes the rights and duties of Buyem and Zeller?

1B

Members of a religious group calling itself the Friends of Lucifer believe in Lucifer as their Supreme Being. The members of this group meet once a year on top of Mt. Snow, located meet once a year on top of Mt. Snow, located in a U.S. National Park, to hold an overnight encampment and a midnight dance around a large campfire. They believe this overnight encampment and all of its rituals are required by Lucifer to be held on the top of Mt. Snow. U.S. National Park Service rules that have been consistently enforced prohibit all overnight camping and all campfires on Mt. Snow because of the very great dangers overnight camping and campfires would pose in that particular location. As a result, the park Superintendent denied a request by the Friends of Lucifer for a permit to conduct these activities on top of Mt. Snow. The park Superintendent, who was known to be violently opposed to cults and other unconventional groups had, in the past, issued permits to conventional religious groups to conduct sunrise services in other areas of that U.S. National Park. The Friends of Lucifer brought suit in Federal Court against the U.S. National Park Service and the Superintendent of the park to compel issuance of the requested permit. As a matter of constitutional law, the most appropriate result in this suit would be a decision that denial of the permit was

3D

Park sued Davis Co. for injuries suffered in the crash of Park's dune buggy, allegedly caused by a defective auto part manufactured by Davis Co. Davis Co. claims that the part was a fraudulent imitation, not produced by Davis Co. Which of the following is NOT admissible on the issue of whether the part was manufactured by Davis Co.?

3D

Anna entered into a valid written contract to purchase Blackacre, a large tract of land, from Jones for its fair market value of $50,000. The contract was assignable by Anna. Anna duly notified Jones to convey title to Anna and Charles, Charles being Anna's friend whom Anna had not seen for many years. When Anna learned that Charles would have to sign certain documents in connection with the closing, she prevailed upon her brother, Donald, to attend the closing and pretend to be Charles. Anna and Donald attended the closing, and Jones executed an instrument in the proper form of a deed, purporting to convey Blackacre to Anna and Charles, as tenants in common. Donald pretended that he was Charles, and he signed Charles's name to all the required documents. Anna provided the entire $50,000 consideration for the transaction. The deed was promptly and properly recorded. Unknown to Anna or Donald, Charles had died several months before the closing. Charles's will, which was duly probated, devised "All my real estate to my nephew, Nelson" and the residue of his estate to Anna. Anna and Nelson have been unable to agree as to the status or disposition of Blackacre. Nelson brought an appropriate action against Jones and Anna to quiet legal title to an undivided one-half interest in Blackacre. The court should hold that legal title to Blackacre is vested

2C

Staff, Inc., a flour wholesaler, contracted to deliver to Eclaire, a producer of fine baked goods, her flour requirements for a one-year period. Before delivery of the first scheduled installment, Staff sold its business and "assigned" all of its sale contracts to Miller, Inc., another reputable and long-time flour Miller, Inc., another reputable and long-time flour wholesaler. Staff informed Eclaire of this transaction. For this question only, assume that when Miller tendered the first installment to Eclaire in compliance with the Staff-Eclaire contract, Eclaire refused to accept the goods. Which of the following arguments, if any, legally support(s) Eclaire's rejection of the goods? I. Executory requirements contracts are nonassignable. II. Duties under an executory bilateral contract are assumable only by an express promise to perform on the part of the delegatee. III. Language of "assignment" in the transfer for value of a bilateral sale-of-goods contract affects only a transfer of rights, not a delegation of duties.

3D

Staff, Inc., a flour wholesaler, contracted to deliver to Eclaire, a producer of fine baked goods, her flour requirements for a one-year period. Before delivery of the first scheduled installment, Staff sold its business and "assigned" all of its sale contracts to Miller, Inc., another reputable and long-time flour Miller, Inc., another reputable and long-time flour wholesaler. Staff informed Eclaire of this transaction. For this question only, assume that Eclaire accepted Miller's delivery of the first installment under the Staff-Eclaire contract, but that Eclaire paid the contract price for that installment to Staff and refused to pay anything to Miller. In an action by Miller against Eclaire for the contractual amount of the first installment, which of the following, if any, will be an effective defense for Eclaire? I. Eclaire had not expressly agreed to accept Miller as her flour supplier. II. Eclaire's payment of the contractual installment to Staff discharged her obligation. III. Staff remained obligated to Eclaire even though Staff had assigned the contract to Miller.

3D

On October 22, Officer Jones submitted an application for a warrant to search 217 Elm Street for cocaine. In the application, Officer Jones stated under oath that he believed there was cocaine at that location because of information supplied to him on the morning of October 22 by Susie Schultz. He described Schultz as a cocaine user who had previously supplied accurate information concerning the use of cocaine in the community and summarized what Schultz had told him as follows: the previous night, October 21, Schultz was in Robert Redd's house at 217 Elm Street. Redd gave her cocaine. She also saw three cellophane bags containing cocaine in his bedroom. The warrant was issued and a search of 217 Elm Street was conducted on October 22. The search turned up a quantity of marijuana but no cocaine. Robert Redd was arrested and charged with possession of marijuana. Redd moved to suppress the use of the marijuana as evidence contending that Susie Schultz was not in 217 Elm Street on October 21 or at any other time. If, after hearing evidence, the judge concludes that the statement in the application attributed to Susie Schultz is incorrect, the judge should grant the motion to suppress

3D

The Personnel Handbook of Green City contains all of that city's personnel policies. One section of the handbook states that One section of the handbook states that "where feasible and practicable supervisors are encouraged to follow the procedures specified in this Handbook before discharging a city employee." Those specified procedures include a communication to the employee of the reasons for the contemplated discharge and an opportunity for a pretermination trial-type hearing at which the employee may challenge those reasons. After a year of service, Baker, the secretary to the Green City Council, was discharged without receiving any communication of reasons for her contemplated discharge and without receiving an opportunity for a pretermination trial-type hearing. Baker files suit in federal district court to challenge her discharge solely on constitutional grounds. Which of the following best describes the initial burden of persuasion in that suit?

2C

Dean was prosecuted in federal court for making threats against the President of the United States. Dean was a voluntary patient in a private psychiatric hospital and told a nurse, shortly before the President came to town, that Dean planned to shoot the President. The nurse reported the threat to FBI agents. Dean's motion to prevent the nurse from testifying is likely to be

2C

Able, who owned Blackacre, a residential lot improved with a dwelling, conveyed it for a valuable consideration to Baker. The dwelling had been constructed by a prior owner. Baker had inspected Blackacre prior to the purchase and discovered no defects. After moving in, Baker became aware that sewage seeped into the basement when the toilets were flushed. Able said that this defect had been present for years and that he had taken no steps to hide the facts from Baker. Baker paid for the necessary repairs and brought an appropriate action against Able to recover his cost of repair. If Baker wins, it will be because

0A

Gardner's backyard, which is landscaped with expensive flowers and shrubs, is adjacent to a golf course. While Driver was playing golf on the course, a thunderstorm suddenly came up. As Driver was returning to the clubhouse in his golf cart, lightning struck a tree on the course, and the tree began to fall in Driver's direction. In order to avoid being hit by the tree, Driver deliberately steered his cart onto Gardner's property, causing substantial damage to Gardner's expensive plantings. damage to Gardner's expensive plantings. In an action by Gardner against Driver to recover damages for the harm to his plantings, Gardner will

0A

Steve, in desperate need of money, decided to hold up a local convenience store. Determined not to harm anyone, he carried a toy gun that resembled a real gun. In the store, he pointed the toy gun at the clerk and demanded money. A customer who entered the store and saw the robbery in progress pulled his own gun and fired at Steve. The bullet missed Steve but struck and killed the clerk. Steve was charged with felony murder. His best argument for being found NOT guilty is that he

3D

Client consulted Lawyer about handling the sale of Client's building, and asked Lawyer what her legal fee would be. Lawyer replied that her usual charge was $100 per hour, and estimated that the legal work on behalf of Client would cost about $5,000 at that rate. Client said, "Okay; let's proceed with it," and Lawyer timely and successfully completed the work. Because of unexpected title problems, Lawyer reasonably spent 75 hours on the Lawyer reasonably spent 75 hours on the matter and shortly thereafter mailed Client a bill for $7,500, with a letter itemizing the work performed and time spent. Client responded by a letter expressing his good-faith belief that Lawyer had agreed to a total fee of no more than $5,000. Client enclosed a check in the amount of $5,000 payable to Lawyer and conspicuously marked, "Payment in full for legal services in connection with the sale of Client's building." Despite reading the "Payment in full..." language, Lawyer, without any notation of protest or reservation of rights, endorsed and deposited the check to her bank account. The check was duly paid by Client's bank. A few days later, Lawyer unsuccessfully demanded payment from Client of the $2,500 difference between the amount of her bill and the check, and now sues Client for that difference. What, if anything, can Lawyer recover from Client?

1B

Pauline and Doris own adjacent parcels of land. On each of their parcels was a low-rise office building. The two office buildings were of the same height. Last year Doris decided to demolish the lowrise office building on her parcel and to erect a new high-rise office building of substantially greater height on the parcel as permitted by the zoning and building ordinances. She secured all the governmental approvals necessary to pursue her project. As Doris's new building was in the course of construction, Pauline realized that the shadows it would create would place her (Pauline's) building in such deep shade that the rent she could charge for space in her building would be substantially reduced. Pauline brought an appropriate action against Doris to enjoin the construction in order to eliminate the shadow problem and for damages. Pauline presented uncontroverted evidence that her evaluation as to the impact of the shadow on the fair rental value of her building was correct. There is no statute or ordinance (other than the building and zoning ordinances) that is applicable to the issues before the court. The court should

3D

Dumont, a real estate developer, was trying to purchase land on which he intended to build a large commercial development. Perkins, an elderly widow, had rejected all of Dumont's offers to buy her ancestral home, where she had lived all her life and which was located in the middle of Dumont's planned development. Finally, Dumont offered her $250,000. He told her that it was his last offer and that if she rejected it, state law authorized him to that if she rejected it, state law authorized him to have her property condemned. Perkins then consulted her nephew, a law student, who researched the question and advised her that Dumont had no power of condemnation under state law. Perkins had been badly frightened by Dumont's threat, and was outraged when she learned that Dumont had lied to her. If Perkins sues Dumont for damages for emotional distress, will she prevail?

2C

Dumont, a real estate developer, was trying to purchase land on which he intended to build a large commercial development. Perkins, an elderly widow, had rejected all of Dumont's offers to buy her ancestral home, where she had lived all her life and which was located in the middle of Dumont's planned development. Finally, Dumont offered her $250,000. He told her that it was his last offer and that if she rejected it, state law authorized him to that if she rejected it, state law authorized him to have her property condemned. Perkins then consulted her nephew, a law student, who researched the question and advised her that Dumont had no power of condemnation under state law. Perkins had been badly frightened by Dumont's threat, and was outraged when she learned that Dumont had lied to her. If Perkins asserts a claim based on misrepresentation against Dumont, will she prevail?

3D

State Y employs the Model Penal Code or American Law Institute test for insanity, and requires the state to prove sanity, when it is in issue, beyond a reasonable doubt. At Askew's trial for murder, he pleaded insanity. The state put on an expert psychiatrist who had examined Askew. He testified that, in his opinion, Askew was sane at the time of the murder. Askew's attorney did not introduce expert testimony on the question of sanity. Rather, he presented lay witnesses who testified that, in their opinion, Askew was insane at the time of the murder. At the end of the trial, each side moves for a directed verdict on the question of sanity. on the question of sanity. Which of the following correctly describes the judge's situation?

0A

Trelawney worked at a day-care center run by the Happy Faces Day Care Corporation. At the the Happy Faces Day Care Corporation. At the center, one of the young charges, Smith, often arrived with bruises and welts on his back and legs. A statute in the jurisdiction requires all day-care workers to report to the police cases where there is probable cause to suspect child abuse and provides for immediate removal from the home of any suspected child abuse victims. Trelawney was not aware of this statute. Nevertheless, he did report Smith's condition to his supervisor, who advised him to keep quiet about it so the day-care center would not get into trouble for defaming a parent. About two weeks after Trelawney first noticed Smith's condition, Smith was beaten to death by his father. Trelawney has been charged with murder in the death of Smith. The evidence at trial disclosed, in addition to the above, that the child had been the victim of beatings by the father for some time, and that these earlier beatings had been responsible for the marks that Trelawney had seen. Smith's mother had been aware of the beatings but had not stopped them because she was herself afraid of Smith's father. Trelawney's best argument that he is NOT guilty of murder is guilty of murder is

1B

Perkins and Morton were passengers sitting in adjoining seats on a flight on Delval Airline. There were many empty seats on the aircraft. During the flight, a flight attendant served Morton nine drinks. As Morton became more and more obviously intoxicated and attempted to engage Perkins in a conversation, Perkins chose to ignore Morton. This angered Morton, who suddenly struck Morton. This angered Morton, who suddenly struck Perkins in the face, giving her a black eye. If Perkins asserts a claim for damages against Delval Airline based on negligence, Perkins will

3D

Perkins and Morton were passengers sitting in adjoining seats on a flight on Delval Airline. There were many empty seats on the aircraft. During the flight, a flight attendant served Morton nine drinks. As Morton became more and more obviously intoxicated and attempted to engage Perkins in a conversation, Perkins chose to ignore Morton. This angered Morton, who suddenly struck Morton. This angered Morton, who suddenly struck Perkins in the face, giving her a black eye. If Perkins asserts a claim for damages against Delval Airline based on battery, she will

2C

Terrorists in the foreign country of Ruritania kidnapped the United States ambassador to that country. They threatened to kill her unless the President of the United States secured the release of an identified person who was a citizen of Ruritania and was held in a prison of the state of Aurora in the United States pursuant to a valid conviction by that state. The President responded by entering into an agreement with Ruritania which provided that Ruritania would secure the release of the United States ambassador on a specified date in return for action by the President that would secure the release of the identified person held in the Aurora prison. The President then ordered the governor of Aurora to release the prisoner in question. The governor refused. No federal statutes are applicable. Which of the following is the strongest constitutional argument for the authority of the President to take action in these circumstances requiring the governor of Aurora to release the Aurora prisoner?

2C

Damson was charged with murder, and Wagner testified for the prosecution. On crossexamination of Wagner, Damson seeks to elicit an admission that Wagner was also charged with the same murder and that the prosecutor told her, "If you testify against Damson, we will drop the charges against you after the conclusion of Damson's trial." The evidence about the prosecutor's promise is

0A

On November 1, Debbit, an accountant, and Barrister, a lawyer, contracted for the sale by Debbit to Barrister of the law books Debbit had inherited from his father. Barrister agreed to pay the purchase price of $10,000 when Debbit delivered the books on December 1. On November 10, Barrister received a signed letter from Debbit that stated: "I have decided to dispose of the book stacks containing the law books you have already purchased. If you want the stacks, I will deliver them to you along with the books on December 1 at no additional cost to you. Let me know before November 15 whether you want them. I will not sell them to anyone else before then." On November 14, Barrister faxed and Debbit received November 14, Barrister faxed and Debbit received the following message: "I accept your offer of the stacks." Debbit was not a merchant with respect to either law books or book stacks. Debbit is contractually obligated to deliver the stacks because

1B

On November 1, Debbit, an accountant, and Barrister, a lawyer, contracted for the sale by Debbit to Barrister of the law books Debbit had inherited from his father. Barrister agreed to pay the purchase price of $10,000 when Debbit delivered the books on December 1. On November 10, Barrister received a signed letter from Debbit that stated: "I have decided to dispose of the book stacks containing the law books you have already purchased. If you want the stacks, I will deliver them to you along with the books on December 1 at no additional cost to you. Let me know before November 15 whether you want them. I will not sell them to anyone else before then." On November 14, Barrister faxed and Debbit received November 14, Barrister faxed and Debbit received the following message: "I accept your offer of the stacks." Debbit was not a merchant with respect to either law books or book stacks. For this question only, assume that on November 12 Debbit told Barrister that he had November 12 Debbit told Barrister that he had decided not to part with the stacks. Will this communication operate as a legally effective revocation of his offer to deliver the stacks?

1B

Seller owned Blackacre, improved with an aging four-story warehouse. The warehouse was built to the lot lines on all four sides. On the street side, recessed loading docks permitted semi-trailers to be backed in. After the tractors were unhooked, the trailers extended into the street and occupied most of one lane of the street. Over the years, as trailers became larger, the blocking of the street became more severe. The municipality advised Seller that the loading docks could not continue to be used because the trailers blocked the street; it gave Seller 90 days to cease and desist. During the 90 days, Seller sold and conveyed Blackacre by warranty deed for a substantial consideration to Buyer. The problem of the loading docks was not discussed in the negotiations. Upon expiration of the 90 days, the municipality required Buyer to stop using the loading docks. This action substantially reduced the value of Blackacre. Buyer brought an appropriate action against Seller seeking cancellation of the deed and return of all monies paid. Such action should be based upon a claim of

0A

Prescott sued Doxie for fraud. After verdict for Prescott, Doxie talked with juror Wall about the trial. Doxie's motion for a new trial would be most likely granted if Wall is willing to testify that he voted for Prescott because he

3D

Despondent over losing his job, Wilmont drank all night at a bar. While driving home, he noticed a car following him and, in his intoxicated state, concluded he was being followed by robbers. In fact, a police car was following him on suspicion of drunk driving. In his effort to get away, Wilmont sped through a stop sign and struck and killed a pedestrian. He was arrested by the police. Wilmont is prosecuted for manslaughter. He should be

3D