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1．Writ of certiorari
A．A writ of the court ordering the sheriff to seize or hold a debtor’s property and bring the property before the court．
B．A judicial order that a judgment be enforced．
C．A writ to compel performance of one’s responsibilities as set forth by law．
D．An order by an appellate court directing a lower court to certify and forward the record of a case for judicial review for legal error．
2．Voir dire
A．A process of the selection of jurors by a judge or counsel．
B．The preliminary examination into the qualifications and potential biases of prospective witnesses or jurors．
C．The power of a court to review and revise a lower court’s jurisdiction．
D．A court’s power to decide matters presented to it and to enforce its decision．
3．Verdict
A．The verbatim record of proceedings in a trial or hearing．
B．An opinion that agrees with the majority decision but for different reasons．
C．A decision by a judge or jury on the issues submitted to the court for determination．
D．An opinion given by a justice not agreeing with the majority．
4．Testimony
A．The authority vested in courts and judges to hear and decide cases and to make binding judgments on them．
B．The statement of a witness under oath which is given as evidence．
C．The legal power and authority of a court to make a decision that binds the parties to any matter properly brought before it．
D．The enacting part or body of a statute as distinguished from other parts of it，such as the preamble．
5．A lawyer paid by the country to defend one who is indigent（without funds）．
A．Public prosecutor
B．Public defender
C．Prosecuting attorney
D．Probation officer
6．A term used to describe legal services provided to a client free of charge．
A．Nisi prius
B．Prima facie
C．Mens rea
D．Pro bono
7．Power of attorney
A．A written instrument appointing and authorizing a person to act in the place of another agent or substitute．
B．The chief law officer of the federal government or of each state government．
C．The attorney named in the records or file of a case who bears the responsibility for the handling of the case on behalf of the party he or she represents．
D．Privilege that confidential communications between an attorney and a client in the course of the professional relationship cannot be disclosed without the consent of the client．
8．A common law doctrine providing that an acceptance made in response to an offer is valid and forms a binding contract at the time of its dispatch，as when it is placed in the mail box，if that method of accepting is a reasonable response to the offer．
A．First-in-Time Rule
B．Mailing Rule
C．Business Judgment Rule
D．Mailbox Rule
9．Standard of review
A．Justification used by judges to explain politically-compelled decisions．
B．The original jurisdiction of the U．S．Supreme Court．
C．The results of an annual judicial conference held to review the fair and impartial administration of justice．
D．Criteria used by judges to review governmental actions or decisions of lower courts or administrative agencies．
10．Socratic Method
A．Endless series of questions based on the writings of Socrates．
B．Dramatization used by trial lawyers to convince a jury that their client’s position is correct．
C．A method used by guilty parties who take the witness stand and try to convince the jury of their innocence．
D．Method of teaching in U．S．law schools where the professor will ask a series of questions and hopefully guide the student toward the correct response or to additional points consideration．
11．Declaration of Independence
A．A declaration made in 1689 to proclaim the rights of British subjects．
B．In French history，a declaration made in 1789 to enumerate the “natural，inalienable and sacred rights of man．”
C．In American history，a declaration made on July 4，1776 to proclaim the independence of the thirteen colonies．
D．In family law，a declaration made by a child who will not listen to a parent．
12．A bought a car from dealer B and had an accident because of the defect of the car．If A sues B，what would be the most likely result？
A．A will not win unless he can prove that B was negligence．
B．A will not win unless he can prove that B was negligence and without defenses．
C．A will not win because B was not the manufacturer．
D．A will win if he may recover against the manufacturer of the car．
13．C is an employee of D Co．．One day，when transporting goods for D Co．，C negligently hit a pedestrian E．If E sued D Co．and won，the most probable reason would be the following BUT
A．D Co．was the principal of C．
B．D Co．was vicariously liable．
C．D Co．signed an employment contract with C．
D．C did not have money to pay damages．
14．In a car accident，G was injured and sued H and J for negligence．The rule of joint and several liability was adopted by the court and the damage of G was determined at $10，000 in total．Suppose the jury found G was 30％ liable，while H and J each was 35％ liable，which of the following statements is NOT true？
A．G may only collect $7，000 from H．
B．G may only collect $7，000 from J．
C．G may only collect $3，500 from H．
D．G may collect $3，500 from H，and $3，500 from J．
15．K was injured by a car and lied on the walkway bleeding．L passed by and saw K，but he did not stop．Later K died because of bleeding and K’s personal representative sued L．If the court held for K，it would be because
A．L was K’s husband．
B．L was a passer-by．
C．L was a nurse on his way to work．
D．L was a court clerk．
16．K was injured by a car and lied on the walkway bleeding．L passed by and saw K，but he did not stop．Later K died because of bleeding and K’s personal representative sued L．If the court held for L，it would be because
A．L did not know K and did not cause the accident．
B．L did not know how to help．
C．L would not be paid by K．
D．L did not injure K．
17．S badly needed cash and offered to sell an antique that was a gift from his grandparents．B，an owner of an antique shop，offered to buy it at $ 1，000 and S agreed．Before delivering the antique to B，S discovered that the market price of the antique was actually $ 10，000．He decided not to sell it to B．If B sues S for breach of contract，which of the following is the best defense that S may allege？
A．B was in bad faith．
B．The contract was unconscionable．
C．There was no consideration．
D．The contract was formed by undue influence．
18．O hired W to help remove 3 big trees from one corner of O’s farm to another corner．When W had moved the first tree，there was a fire burning down all three trees without the fault of either O or W．Which of the following statements is NOT true？
A．W does not need to do anything for O．
B．O needs to pay one-third of the agreed sum to W according to the contract．
C．O needs to pay one-third of the agreed sum to W based on quasi-contract doctrine．
D．The contract has been fully discharged．
19．O and W signed a written contract under which O would sell 3 big trees to W at $500．Later the market price for the three trees increased to $650．One day before the delivery date，a fire burned down all three trees without the fault of either O or W．O sued for $500，and W counterclaimed for $650．Which of the following statements is true？
A．The court will dismiss the case．
B．The court will support W’s claim．
C．The court will support O’s claim．
D．The court will support both W and O’s claims．
20．O is the representative of a college students’ union and is organizing a student sports game．P store agreed to sell to O ten boxes of “Purity”bottled water for the game．However，the water delivered to O actually bore the label of “Clean and Sweet，”which brand was as good as “Purity．”Q，a sales representative of “Purity”water sued P store for breach of contract and the court held for P，the most probable reason would be
A．Q was an intended beneficiary．
B．Q was a donee beneficiary．
C．Q was an incidental beneficiary．
D．Q was not a party to the contract．
21．X and Y signed a contract under which X agreed to sell certain equipment to Y at $100，000．Right after the contract was signed，X assigned the contractual right to F，a financial company in return of cash payment．When F tried to collect payment of $100，000 from X and failed，F sued X．Which of the following statements is true？
A．F will not win because the contract provided that “neither party will assign this contract．”
B．F will not win because F was not a party to the contract．
C．F will not win because X was bankrupt．
D．F will win．
22．X died one day after her husband Y purchased a life insurance for her with Y as the beneficiary．Y was prosecuted for murder．The prosecutor planned to present the insurance policy as evidence to prove that Y had a motive to kill his wife．Would the court allow it？
A．Yes，because the insurance has a tendency to show that Y had a motive to kill X．
B．No，because the probative value of the insurance is substantially outweighed by the dangers of unfair prejudice．
C．Yes，because the jury would be at a better position to make the judgment．
D．No，because the insurance is irrelevant to this case．
23．During a trial for robbery，the defense lawyer called a witness to testify that two days before the robbery，the defendant told him that he was going to visit his relatives in another city．The prosecutor objected on the ground of hearsay．If the court overruled the objection，which would be the most probable reason？
A．The testimony was not hearsay．
B．The testimony fell within a hearsay exception：present sense impression．
C．The testimony fell within a hearsay exception：then-existing state of mind．
D．The testimony was intended to prove that the defendant was not the robber．
24．During a trial for robbery，the defense lawyer called a witness to testify that two days before the robbery，the defendant told him that he was going to visit his relatives in another city．The prosecutor objected on the ground of hearsay．If the court sustained the objection，the reasons would be the following BUT
A．the testimony was hearsay not within any exception．
B．the testimony was intended to prove that the defendant was not the robber．
C．the testimony presented an out-of-court statement offered in court to prove the truth of the matter asserted therein．
D．the testimony was intended to prove defendant’s then-existing state of mind．
25．In a murder trial，the prosecutor planned to call the defendant’s attorney to testify that the defendant had admitted to him that he did kill the victim．The court will
A．allow it because it would prove the case．
B．allow it because the defendant had destroyed all other evidence．
C．not allow it because this conversation is privileged．
D．not allow it because the attorney had promised to keep it confidential．
26．A gave a ride to his friend B and hit a pedestrian C．C sued A for personal injury and planned to use in court B’s diary that he wrote about the accident two days after the accident．The opponent objected．Which of the following is true？
A．The diary was hearsay and not admissible．
B．The diary was excluded from hearsay and thus admissible．
C．The diary was within one of the exceptions to hearsay and admissible．
D．The diary was not hearsay and was admissible．
27．A told his friend B that the State Governor Mr．X was gay．X sued A for defamation．If X loses，the most likely basis for the judgment is that
A．A only told B about this information and there was no publication．
B．the society has become tolerant for sexual orientations．
C．A’s speech was about a public figure and thus was protected to a certain extent．
D．X was not gay．
28．A told his friend B that the State Governor Mr．X was gay．X sued A for defamation．If X wins，the most likely basis for the judgment is that
A．A told B about this information．
B．the society has become tolerant for sexual orientations．
C．A’s speech was about a public figure who was protected by constitution．
D．X was not gay and A knew it．
29．A state law was enacted in January 2013 prohibiting unauthorized copying of published books and makes it a crime．P，a professor at a college who made a few copies of a book for his students in June 2012 was prosecuted．What constitutional provision would be most helpful to P’s defense？
A．The ex post facto clause．
B．The commercial clause．
C．The due process clause．
D．The enforcement clause．
30．If a state law was held to have violated both the state constitution and the federal constitution by the state’s supreme court，will the US Supreme Court grant certiorari to review the state court decision？
A．No，because the US Supreme Court does not have jurisdiction over this case．
B．No，because the state court’s decision in this case rests on adequate and independent state law grounds．
C．Yes，because the state court’s decision involves the federal constitution．
D．Yes，because the issue is a federal law issue．
31．A state statute prohibits exhibition anywhere of any material that may be harmful to minors because of its violent or sexually explicit nature．If this statute’s constitutionality is challenged，what will be the strongest argument？
A．The state fails to prove that the material is without any value in the marketplace of ideas．
B．The statute treats such materials differently from the other materials．
C．The statute is excessively vague and overbroad．
D．The statute ignores the protection of adults．
32．A finder at common law has a claim of the property found as against all the world save the true owner if
A．the property is found on the floor of department store so as to be classified as lost property．
B．the property has been placed in his hand as bailment by the original owner so that he is the legitimate possessor of it．
C．the property is found in a manner that may be classified as misplaced property．
D．the property was found while the finder is employed for excavating the ground to lay gas pipes．
33．Adverse possession is the taking of land property of another thereby establishing original ownership in the adverse possessor if all of the following conditions are met，EXCEPT
A．that adverse possession is openly conducted，being well known to anyone who wants to find out．
B．that the adverse possession is continuous throughout the Statute of Limitation period．
C．that the adverse possessor must show good faith intent in so doing．
D．that the adverse possessor must do so in a peaceable manner．
34．Jane has an orchard which yields a bumpy harvest every year；John owns a small pond from which water is infiltrated down to Jane’s orchard．John decides to use his land for other purpose which requires that the pond be filled up and the ground be leveled，with a result that source of underground water to Jane’s orchard is cut off．Jane’s best claim against John would be
A．unjust enrichment．
B．unfair competition．
C．easement．
D．negative easement．
35．It has been a commonly held belief that an owner may not be divested of his properties without his intent to do so；but the “voidable rule”allows this to happen when
A．a thief steals it from his possession．
B．a good-faith purchaser purchases it from the thief．
C．he accidentally drops it in a public place．
D．he places it in the hand of someone who deals in the trade．
36．Which of the following transfers would create the largest estate under the common law？
A．To A for life，then to A’s heirs．
B．To B and the heirs of his body．
C．To C for as long as the Sun goes up and the River runs．
D．To D as fee simple absolute．
37．In a land transaction，O grants Blackacre to A and his heirs，with the result that
A．A gets it all and the heirs get nothing．
B．A gets a life estate and the heirs get a remainder in fee simple．
C．A gets a life estate and the heirs get a remainder in fee tail．
D．A gets a fee simple determinable，i．e．，his interest in Blackacre will terminate in the absence of heirs，in which case，O gets a reversion．
38．O，the original owner of Blackacre，leaves a will of his property to A for life；then to his niece B and her lawful issues；but if B leaves no issue，to the daughters then living of C and D．B is 40 years old，unmarried，having no children，and C and D are 80 years old．The will must fail because
A．it violates the Rule Against Perpetuities since no validating life can be found．
B．it violates the Rule Against Perpetuities since the remainder will not necessarily vest within the Perpetuities period．
C．B，being 40 years of age，is still capable of getting married and producing issues，which may last forever．
D．the class of “daughters then living”is not closed since C and D，being living persons，may still produce more daughters at common law．
39．A gift can be either inter vivos or causa mortis；when a gift is inter vivos，it must satisfy the three elements of intent，delivery and acceptance．So，when a father writes to his son，“Dear son，I’m giving you the painting you like most，but I shall keep it until I die，”the gift would be
A．void because no delivery is made．
B．void because a gift upon death is testamentary in nature．
C．valid because the writing，when delivered，satisfies the gift requirements．
D．valid because delivery can be made symbolically．
40．A gift causa mortis is one made with imminent anticipation of death，but it may not be effective if
A．it violates the Statute of Wills for failure to put the will in writing under witness．
B．the donor is survived by his relatives who qualify as his heirs．
C．the donor does not actually die．
D．actual delivery of the gift is never made，either physically or symbolically，or constructively before the donor dies．
41．If a city government refuses to give permission for changing a one-story historic building into a sky scraper under the Landmark Preservation Act，it is
A．exercise of the eminent domain power，if proper compensation is paid．
B．exercise of the police power when no compensation is paid．
C．a taking of the private property right．
D．an inherent government power to take private interest for public purposes．
42．A patent lasts twenty years starting from
A．the date of allowance — when the application is approved．
B．the date of invention — when the inventor made his invention．
C．the date of issuance — when the Letters Patent is issued to the patentee．
D．the date of application — when the inventor files the application for patent．
43．Infringement of a patent may take different forms including all of the following except
A．making all the parts ready to be assembled into the patented products in a foreign country and then assembled after importation into this country．
B．making all the parts ready to be assembled into the patented products in this country and then assembled after exportation to a foreign country．
C．making，using，selling，or importing without authorization the patented products or processes．
D．inducing another to make，use，sell，or import by providing substantial parts or by providing the non-staple materials．
44．In most of the patent systems，the “experimental use”is allowed as a defense to patent infringement，but it may not be available to a university most likely because
A．a university，while educational in nature，is a commercial entity since it collects tuition fees．
B．most academic researchers，while being students，will inevitably go on to be employed based on their experience in academic research．
C．a university research project，academic as it may be，is nothing like a “dilettante affair，”and all of them have commercial potentials．
D．most universities receive grants from commercial entities and their commercially successful alumni to fund their research projects．
45．A trademark is distinctive if it is
A．arbitrary or fanciful，and unrelated to the underlying products．
B．descriptive of the raw materials used in the underlying products．
C．generic of the kind of products it is applied thereto．
D．used by everyone else to indicate the purpose of the underlying products．
46．The trademark rights can be terminated by all of the following except
A．failure to use the mark for an extended period of time prescribed by law．
B．refusal to grant permission for others to use the mark．
C．failure to sue others for unauthorized use of the mark．
D．permitting licensees to use the mark without reasonable control of their use．
47．The State Occupational Health and Safety Board of East Virginia recently issued regulations valid under its statutory mandate requiring that all employers in the state provide ionizing air purification systems for all employee work areas．These regulations replaced previous guidelines for employee air quality that were generally not mandatory and did not specify the method of air purification used．
The requirements regarding air purification systems are least likely to be constitutional as applied to which of the following employers？
A．CompuMart，a wholly owned subsidiary of Taksuki Electronics，a Japanese corporation，which provides personalized instruction for private citizens in the use of home computers and has seven outlets all within the state．
B．The state supreme court，which recently completed construction of its new courthouse complete with non-ionizing air purification systems that are to be serviced by the installing contractor for three years under the terms of an installation and service contract signed prior to enactment of the new regulations．
C．The United States Armed Forces Recruiting Center on the mall in Capitol City，East Virginia．
D．The Double V Recreation Center，a privately operated community service center funded by donations and constructed through use of a loan provided by the Veterans Administration and repayable to that agency．
48．Felonious Punk committed a particularly brutal series of crimes that，because of their interstate character，were violations of a federal criminal statute．Punk was convicted in federal court and sentenced to life imprisonment．Six months after Punk was incarcerated，the President pardoned him．There was a great public outcry，amid charges that the President issued the pardon because Punk’s uncle had made a large contribution to the President’s reelection campaign fund．Responding to public opinion，Congress passed a bill limiting the President’s power to pardon persons convicted under the specific statute that Punk had violated．The President vetoed the bill，but three-quarters of the members of each house voted to override the veto．
The legislation is：
A．unconstitutional，because the power to pardon is expressly granted to the President in the Constitution and is an unqualified power（except as to impeachment）．
B．unconstitutional，because the President has the duty to enforce the laws，and therefore has plenary powers．
C．constitutional，under Article I，Section 1．
D．constitutional，because Congress wrote the federal criminal statutes and has the right to determine who should be convicted under such statutes．
49．Samantha Scoop was an investigative reporter for the Daily Defamer ，the leading newspaper in Sleazy City．Samantha told her editor that she had uncovered evidence that the mayor and several city council members had accepted bribes to rezone several parcels of land in which local organized crime leaders had substantial interests．Samantha was excited about a story on the bribes because it could make her reputation as an investigative reporter and open up lucrative opportunities for her in television．The editor was also interested in the story，but he told Samantha that he would not print her expose unless she told him the sources of her information．
Samantha refused to reveal her sources．The editor refused to print the story because he was afraid that the Defamer might be sued by the mayor and the council members named by Samantha．
Does Samantha have a First Amendment right to a court order compelling the Defamer to publish the story？
A．Yes，under the Free Speech Clause．
B．Yes，because the First Amendment allows a newspaper reporter to protect her sources．
C．No，because the newspaper is a private entity and can publish what it likes．
D．No，because the freedom of the press is more wide-ranging than freedom of speed．
50．The federal government recently constructed a huge radio telescope facility at Punta Gorda，Puerto Rico．Among the scientific marvels at the facility was a powerful transmitter that could beam radio waves far out into space．As part of the bill providing for operational funding for the facility，Congress provided for a program to “inform any aliens who might be listening in outer space of the ‘American Way of Religion．’”A $10 million appropriation was provided；any religious group whose membership exceeded 500 members in the United States might prepare a five-minute presentation，and the federal government would pay for the recording of the presentations and broadcast them into space using the transmitter in Puerto Rico．The President signed the bill and it became law．A religious group with a large following in Europe，but only 100 members in the United States，protested and filed suit．
Will the court find the religious broadcasts to be constitutional？
A．Yes，because the power to regulated commerce with foreign nations and among the several states implies that commerce with outer space is included as well．
B．Yes，because the commerce power is not limited by First Amendment prohibitions．
C．No，because the First Amendment prohibits state involvement with religion without a compelling state interest．
D．No，because the broadcasts are a waste of money and exceed the spending powers of Congress．
51．Luis operated a one-person field station of the United States Department of Agriculture in East Rabbit’s Foot，Wyoming．Pursuant to directives from his superiors at the Department of Agriculture office in Casper，Luis began selling surplus government cheese and butter to the low income residents of East Rabbit’s Foot at 10％ of market value．All sales were conducted at the USDA warehouse next to Luis’s field station．
Wyoming statutes authorized city governments to establish reasonable regulations governing the retail sale of foodstuffs．East Rabbit’s Foot city ordinances required that any establishment for the retail sale of food must pass a health and sanitation inspection and meet other specified criteria for obtaining a city license．Since Luis did not obtain a city license，he was prosecuted under the enforcement provisions of the city ordinance．
Which of the following will provide the best defense for Luis in this prosecution？
A．The ordinance under which he is being prosecuted is invalid as an undue burden upon interstate commerce．
B．The ordinance violates the Equal Protection Clause of the Fourteenth Amendment．
C．The ordinance deprives Luis of property without due process of law．
D．The ordinance violates the principles of intergovernmental immunity as applied to Luis．
52．Congress has enacted a law providing that all disagreements between the United States and a state over federal grant-in-aid funds shall be settled by the filing of a suit in the federal district court in the affected state．The law further provides：“The judgment of the federal court shall be transmitted to the head of the federal agency dispensing such funds，who，if satisfied that the judgment is fair and lawful，shall execute the judgment according to its terms．”
This law is：
A．constitutional，because disagreements over federal grant-in-aid funds necessarily involve federal questions within the judicial power of the United States．
B．constitutional，because the spending of federal monies necessarily includes the authority to provide for the effective settlement of disputes involving them．
C．unconstitutional，because it vests authority in the federal court to determine a matter prohibited to it by the Eleventh Amendment．
D．unconstitutional，because it vests authority in a federal court to render an advisory opinion．
53．The city council of Tooleville passed an ordinance reading：“No person may contribute more than $100 annually to any group organized for the specific purpose of supporting or opposing referenda to be voted on by the Tooleville electorate or regularly engaging in such activities．”
If the ordinance is challenged in federal court，how should the court rule on the constitutionality of this ordinance？
A．Strike it down，because it violates First Amendment rights of free speech and freedom of association．
B．Strike it down as a violation of due process，because no hearing mechanism has been provided for．
C．Uphold it，because the city council has a legitimate interest in controlling such contributions．
D．Dismiss the case，because it involves a political question and is thus a nonjusticiable matter．
East Dakota is a state in the Upper Midwest subject to severe winters．Therefore，many drivers in the state find it useful to install snow tires with metal studs to improve traction．However，the use of these tires is controversial because highway experts assert that use of these tires tears up the pavement，requiring repairs more frequently than if only standard snow tires were used．Therefore，no other state allows use of studded snow tires．Because of the general popularity of studded tires among the voters of East Dakota，the legislature was reluctant to pass an outright ban on the use of the tires in the state．It did ban their use between April 1 and October 1 on state highways by passing a law to that effect．The law gave each county in the state an option whether to ban use of the tires during the snowy months between October 1 and April 1．The law contains one exception：it excludes “doctors”from any county ban on the use of snow tires．The reasoning behind this provision，of which there is a record in the debates of the state legislature，was that in rural areas of the state，physicians might have to cross county lines，and it would be unfortunate if a doctor had to stop at a county line to change tires when rushing to an emergency．After the passage of the legislation，only one county in the state，Fillmore County，was concerned enough about the costs of repairing roads that its county board invoked its right to ban the use of studded snow tires in Fillmore County throughout the year．
54．Lisa lives in Millard County，which borders Fillmore County．She was not aware that Fillmore County had enacted regulations banning the use of studded snow tires．On a snowy January night，she left her home in Millard County to attend the birthday party of her father，who lived 20 miles away，but still in Millard County．Lisa had studded tires on her car．She drove on the road that was the shortest distance between her house and her father’s house．Unbeknownst to Lisa，because there were no county line signs on this road，four miles of the road passed through Fillmore County．When she was on that stretch of road，a police officer from the Fillmore County Sheriff’s Office heard the clicking sound of Lisa’s tires striking the road，giving him probable cause to believe that she had studded snow tires．He pulled Lisa over，inspected her car，and ticketed her for driving through Fillmore County with studded snow tires．She was convicted in county court，but was angry enough to appeal her case to the federal courts．
What is Fillmore County’s most appropriate argument for upholding the constitutionality of the Fillmore County regulation？
A．The regulation has a rational relationship to the purpose of saving county taxpayers the expense of additional road repairs．
B．The county has a compelling interest in saving its taxpayers the money that would have to be expended on extra road repairs．
C．There is no less restrictive means of preventing damage to Fillmore County roads．
D．Ignorance of the law is no excuse．
55．Assume for purposes of this question only that Lloyd is a lawyer in East Dakota．He read about the state legislature’s studded tire law and became furious．He was angered that the legislature had given privileges to the medical profession，but had failed to extend the same privileges to lawyers．Therefore，one January day，with studded tires on his car，he drove from his home in Chilblain County to Fillmore County，where he knew that studded tires had been declared illegal．He deliberately drove several times around the block where the Fillmore County Sheriff’s Office is located．Finally，one of the sheriff’s police noticed Lloyd’s studded tires and cited him．After being convicted and fined in Fillmore County Court，Lloyd appealed．
Lloyd’s best argument for getting the ban invalidated is：
A．The statute interferes with his fundamental right to practice his profession in violation of the Privileges and Immunities Clause of Article IV．
B．The statute violates his right to travel．
C．The statute violates the Commerce Clause by placing an unreasonable restraint on interstate commerce．
D．The ban on studded snow tires results in loss of life，because more fatal accidents occur when cars lack the traction that the studded tires provide，and therefore the statute is not rationally related to a legitimate state interest．
Tinker Builders learned of a bid being let by the local school board for a new high school．Anxious to get the job，Tinker quickly estimated the cost of a general bid．Tinker then began receiving sub-bids．The lowest such sub-bid came from Slam-Dunk，Inc．It was for $ 160，000，which was $40，000 less than the next lowest sub-bid．
After receiving Slam-Dunk’s sub-bid，Thinker submitted its general bid to the school board．Based on the relatively low sub-bid，Tinker’s general bid was $30，000 lower than the school board had originally anticipated．
Pleasantly surprised by the low bid，the school board accepted．After the acceptance，Slam-Dunk informed Tinker that there had been a mistake in computing the sub-bid．The correct sub-bid was $210，000．Tinker had been unaware of this mistake．
56．In a suit for rescission of its contract with Tinker，Slam-Dunk should
A．not succeed，because the mistake in the figures was made before the bid was accepted．
B．not succeed，unless Tinker actually knew or should have known of the mistake involved．
C．succeed，because the mistake was part of the basis of the bargain．
D．succeed，because this was a unilateral，not a bilateral，mistake．
57．If the dispatching of Slam-Dunk’s sub-bid of $160，000 were by telegraph and the error was due to the telegraph company’s faulty transmission of a $60，000 bid instead of a $160，000 bid，Slam-Dunk’s best argument to successfully refuse to perform the resulting contract is：
A．The contract would be unconscionable．
B．The great difference between the $60，000 figure and next lowest bid should have alerted Tinker to the existence of a mistake in the telegram bid．
C．Slam-Dunk would not be responsible for the negligence of the telegraph company．
D．Tinker’s own negligence in not checking our all bids precludes enforcement of the contract．
58．In March，Larry contracted to sell his house to Cindy for $80，000，the purchase price to be paid and deed to be delivered on July 1．On May 1，Cindy wrote Larry，“I’ve had second thoughts about buying your home．I won’t pay that amount of money，unless you repaint the house and fix up the yard．”
If Larry wishes to treat the contract as breached
A．Larry may sue Cindy upon receipt of the letter．
B．Larry may sue Cindy only on or after July 1，when the purchase price was to be paid．
C．Larry may sue Cindy only if Larry expressly refuses in writing to comply with Cindy’s requests．
D．Larry cannot sue Cindy since the parties’ promises are executory at this stage．
59．In answer to a radio advertisement，Andrew Howard，age 16，contracted to buy a late model Albatross from Bumble Motors．The agreement required a $1，500 down payment with the remainder of the $7，200 price to be paid in monthly installments to the Albatross Finance Company．Andrew’s first six payments were made regularly until his driver’s license was suspended．He then informed the company that no further payments would be forthcoming．The finance company must sue for the remaining payments．
If the age of majority in Andrew’s state is 18 years，the court would，in all likelihood，rule that
A．Andrew is totally liable for the balance of the payments．
B．Andrew’s disaffirmance discharges any liability he might have，if he returns the car．
C．Andrew’s liability is limited to the reasonable market value of the car．
D．Andrew’s minority at the time of contracting allows him to avoid all liability for the remaining payments．
60．On January 1，Shaftum and Howe Realty Corp．mailed a written offer to Martin Enterprises for the sale of a large tract of land．The offer included the following terms：
This offer expires on February 1，if the offeree had not caused an acceptance to be received by the offeror on or before that date．
The first thing in the morning，on February 1，Martin sent a telegram of acceptance but the telegraph company negligently withheld delivery to Shaftum until February 2．On February 4，Shaftum entered into a contract for sale of the tract to another buyer but did not inform Martin of the transaction．As a result，Martin contacted Shaftum by phone on February 10 and was told that no contract between Shaftum and Martin would be created．
Which of the following is the most correct statement？
A．No contract between Shaftum and Martin arose on February 2．
B．A contract would have arisen if a letter of acceptance were mailed on February 1．
C．Shaftum’s silence constituted an acceptance of Martin’s telegram on February 2．
D．A voidable contract arose on February 1．
61．Builder contracted to build a house for Owen．Terms of the contract provided that Builder would receive the contract price when the building was fully completed．Just when Builder was within a day or two of completing one-half of the structure，a tornado struck the area and demolished the building．
What is Builder entitled to recover from Owen under the contract？
A．Nothing．
B．One-half of the contract price．
C．One-half of the fair market value of what remains of the house．
D．Cost of materials and reasonable labor costs．
Wholesaler sent a telegram to Jobber “Send 500 ‘Madewell’ chairs at your usual price．”Jobber responded，also by telegram，“Will ship our last 500 ‘Madewell’ chairs at $75 per chair，our usual price．‘Madewell’ line is being discontinued．”Jobber’s staff immediately began the paperwork for processing the order and started preparing and packing the chairs for shipment．Wholesaler wired back to Jobber，“Cancel order for ‘Madewell’ chairs；your price is too high．”Wholesaler tried to find an alternate source for “Madewell”chairs and found that Rebboj was the only other dealer in the chairs．Rebboj’s price was also $75 per chair，and Wholesaler bought 500 “Madewell”chairs from Rebboj at the $75 price．The day after receiving Wholesaler’s cancellation，Jobber was able to sell the 500 “Madewell”chairs in Jobber’s stock to Relaselohw for $75 each．
62．If Jobber sues Wholesaler for damages，how much should Jobber recover？
A．Nothing，because this was a contract between merchants and Wholesaler canceled within a reasonable time．
B．Nothing，because Jobber was able to cover by selling the chairs at the same price she would have received from Wholesaler．
C．$37，500，the full contract price，because Wholesaler breached the contract and $75 per chair was a fair price．
D．Jobber’s incidental costs of preparing the paperwork and other office costs connected with preparing and packing the chairs for shipment to Wholesaler．
63．Assume for purposes of this question only that Jobber is unable to find an alternate buyer for the chairs，and that she is forced to sell them at a “salvage”price of $10，000．If Jobber sues Wholesaler for damages，how much should Jobber recover？
A．Nothing，because this was a contract between merchants and Wholesaler canceled within a reasonable time．
B．The full contract price（because Wholesaler breached the contract and the price was fair）plus Jobber’s incidental expenses．
C．The full contract price plus incidentals less $10，000 salvage．
D．The full contract price less $10，000 salvage．
64．Justin and Jennifer were a married couple．Shortly after they awoke one morning，Jennifer berated Justin about spending too much of his paycheck on alcohol and gambling．Justin lost his temper and slapped Jennifer several times．He then went off to work．
After work，he visited a local tavern，had a few drinks，and then took a bus to the local dog-racing track．He owed a local loan shark $800，which was overdue，and hoped to win enough at the track to pay off the debt．After the first four races，however，Justin had lost all the money he took with him，except for enough to pay for the bus ride home．When Justin got off the bus，Ricky，the loan shark’s enforcer，was waiting for him．Justin told Ricky，“I just lost all my cash at the dog track，but I’ve got $400 in the sugar bowl at my house．It’s only a block away．I’ll give you the money if you’ll give me a break．”Ricky replied，“O．K．，but this better not be a trick or you’re a dead man！”Justin walked quickly to his house as Ricky followed in his car．Justin climbed the porch steps as Ricky waited in the car．Justin pounded on the door．Jennifer，still angry about being slapped that morning，refused to let Justin in．Justin became more desperate and told her，“Look，there’s someone in that car who is going to shoot me if I don’t give him the $400 in the sugar bowl．If you don’t want to open the door，slip the money through the mail slot．Or at least call the police before I get killed！”Jennifer saw Ricky in the car，and knowing about Justin’s debts，figured that Justin was probably telling the truth．Nevertheless，she told Justin，“You can go to blazes for all I care，Justin．”She then pulled down the shades and closed the curtains．Justin began to yell，“Please，please，let me in or I’ll be killed！”Jennifer continued to ignore Justin’s pleas．Justin started to run down the block，pursued by Ricky．Ricky drove his car onto the sidewalk and ran Justin over，killing him．
Can Jennifer be found guilty of criminal homicide？
A．Yes，because she was Justin’s wife and had a duty to aid him．
B．Yes，because she acted in the heat of passion because Justin had slapped her．
C．Yes，but only if she intended that Justin be harmed．
D．No，because she was not the cause in fact of Justin’s death．
65．The Calivada State Legislature passed a statute that reads in pertinent part as follows：“Any licensed medical doctor who willfully neglects to assist anyone with a life-threatening injury shall be guilty of a crime，subject to punishment of up to two years’ imprisonment in the state penitentiary or a fine of $15，000，or both．”This statute had been in effect for one week when Dr．Doofus，a licensed physician，while jogging in City Park，heard the sounds of a man moaning in the bushes next to the jogging path．Dr．Doofus stopped to investigate and found Blodgett bleeding in the bushes．Blodgett was lying flat on his back，but when Dr．Doofus asked him，“Are you O．K．？”Blodgett sat up and told Dr．Doofus，“Yes，I’ll be fine．”Not having seen any indications of a serious condition，Dr．Doofus returned to her morning jog．Blodgett subsequently bled to death an hour later．The coroner’s report made clear that Blodgett could have been saved if he had received medical attention as late as 15 minutes before his eventual death，and that medical help of a “first aid”variety would have been sufficient to keep Blodgett alive until an ambulance arrived．Tattletale，another jogger，had observed the incident involving Dr．Doofus and Blodgett．Tattletale reported this to the police，and Dr．Doofus was arrested and charged under the new statute．
Should Dr．Doofus be convicted？
A．Yes，because she neglected someone whose life was in danger．
B．No，because the statute is too vague and raises mere negligence to criminal status．
C．No，if Dr．Doofus was unaware of the new statute．
D．No，if Dr．Doofus reasonably believed that Blodgett’s condition was not life-threatening．
66．The city of Morality Springs has its own ordinance against prostitution．The Morality Springs law states in pertinent part that “Anyone who engages in sexual intercourse where money is exchanged therefore shall be guilty of the crime of Illicit Sex．”
Mona，a prostitute，regularly worked the streets of the Morality Springs business district during the evening hours．Mona left her apartment in the early evening，dressed in her usual autumn “uniform，”consisting of very high heels，very brief shorts，and a halter top．When she got to the business district，she realized that an early cold snap had hit the city．Rather than take the time necessary to go home（and thus lose some possible business），Mona went directly to a women’s clothing store and told Leslee，a salesclerk，“It’s gotten really cold out there；I’m a prostitute，so I’ve got to be out on the streets until around 3 a．m．，and I don’t want to freeze to death in the process．Have you got a warm coat that’s not too frumpy and not too expensive？”Leslee picked out a coat and asked，“Will this one do？It’s on sale for only $95．”Mona took the coat and paid $95 to Leslee，who rang up the sale．
In the meantime，Rurik was in a state of depression，because he had just lost his job and was completely broke．Rurik visited his older brother，Sven，and told Sven his sad story，adding，“I’m so depressed；I’d like to go out and get drunk or pick up a woman，but I’m too broke to do either．”Sven replied，“Here’s $150；party tonight and come talk to me tomorrow about getting a new start．”Rurik headed downtown，undecided as to whether he should head for a singles’ bar or a bar frequented by prostitutes．Before Rurik came to the intersection at which he had to make his decision，he was accosted by Mona，who asked him，“Want a date tonight，‘Good looking’？”Rurik felt that fate had intervened，and he arranged to pay Mona $100 for an hour of sex．The couple went to the Sleazy Arms Hotel，where on reaching the room，he paid Mona $100，and they began to engage in an act of sexual intercourse．During the course of the act，the police，acting with probable cause，entered the room and arrested Rurik and Mona．Mona was duly convicted of “Illicit Sex．”
Under the ordinance，what parties other than Rurik could be successfully prosecuted for “Illicit Sex”？
A．Leslee．
B．Sven．
C．Sven and Leslee．
D．None of the above．
67．Which of the following most clearly violates Defendant’s Fifth Amendment self-incrimination rights？
A．Defendant testifies before a grand jury．The prosecution wishes to introduce the grand jury testimony at Defendant’s trial．
B．Defendant is arrested and taken to a police station，where he is interrogated without first being given Miranda warnings．The prosecution wishes to introduce Defendant’s statements at his trial．
C．Defendant is charged with murdering Victim．Prosecutor wishes to get a sample of Defendant’s handwriting to compare with a note found on Victim’s body．
D．Police officers enter Defendant’s office with a valid search warrant．They seize Defendant’s desk calendar，which has information written on it relating to appointments，which may be incriminating．
Fenster lived with his wife and three children．Fenster had an erratic temper and sometimes beat his wife and/or children．Lately，Fenster had been having problems at work and had taken to stopping at the neighborhood bar before coming home．On many of these nights，Fenster had attacked his family members．Three days after a particularly savage beating of his 17-year-old son，Samson，Fenster came home late from work in a drunken state．Fenster’s wife was not home，and Samson was taking care of his younger siblings．Fenster asked where his dinner was，knowing that his wife usually left him a plate of food if he missed the family meal．Samson told Fenster that he had given the food to the dog．Angered by his son’s statement，Fenster said，“I’ll teach you to have some respect for your father，”but feeling a little unsteady，he added，“after a little nap．”Fenster then collapsed on the couch．Samson knew that there would be trouble when his father came to，and so he took the children to a next-door neighbor’s house，asking the neighbor to keep them for a while．Samson returned home and looked for his father’s handgun but could not find it．After thinking for a while，he got a large knife from the kitchen drawer，and waited near the couch for his father to awaken．When Fenster awoke a short time later，he saw his son holding the knife．Worried，he asked，“Samson？Son？”Samson replied，“You won’t hurt us anymore，”and jabbed the knife into his father’s chest．Fenster died instantly．Samson is brought to trial as an adult．The jurisdiction generally follows the common law definitions of crimes．
68．The court is most likely to find that
A．Samson is guilty of murder，because he intended to kill Fenster．
B．Samson is guilty of voluntary manslaughter，because Fenster provoked him．
C．Samson is guilty of voluntary manslaughter，because his beatings by his father constituted a continuing provocation．
D．Samson was justified in killing Fenster，because he acted in self-defense．
69．Assume for purposes of this question only that Samson’s lawyer introduced an insanity defense．If the jurisdiction follows the Model Penal Code test，and psychiatric testimony is introduced indicating that Samson suffered from a mental illness，he will most likely be relieved of criminal responsibility if the defense can prove that
A．Samson’s actions were a product of his mental illness．
B．Samson could not appreciate the criminality of stabbing Fenster，or he could not conform his conduct to the requirements of the law．
C．Samson did not know that killing Fenster was wrong，or he could not understand the nature and quality of his actions．
D．Samson was unable to control himself or conform his conduct to the law．
70．Able was in the habit of carrying a lot of cash with him as he walked home from work．His good friend Baker was worried that someday Able might get robbed．To teach Able to be more careful，and intending only to frighten him，Baker purchased a realistic-looking toy gun and a face mask and hid in the bushes one night，waiting for Able to come home from work．As Able passed by，Baker jumped out of the bushes，pointed the toy gun at Able，and took all of his money．Able was badly frightened by the incident．Shortly thereafter，Baker returned the money to Able and explained why he had staged the holdup．
Of what crime could Baker be convicted？
A．Robbery．
B．Armed robbery．
C．Assault．
D．None of the above．
71．Late one spring evening，Marju heard a knock on the door of her apartment．Looking through the peephole in the door，she recognized her boyfriend，Skipper，and she let him into the apartment．In Skipper’s arms was a full-length ranch mink coat．He handed it to Marju，saying，“It’s yours．”Marju asked，“Where did you get it？”Skipper responded，“From the Easter Bunny．”She tried on the coat and admired how good it looked on her，spending almost an hour looking into the mirror．Skipper told her，“I still have some other things to do tonight．I’ll see you for dinner on Friday．”
The next day，Marju read in the newspaper that Za Sue Gabber，a prominent socialite，had had her home burglarized the night before．Among the missing items，according to the paper，was a full-length ranch mink coat．Marju took the coat from the closet and rifled through the pockets．She found a handkerchief with the monogram “Z．S．G．”on it．Marju hugged the fur coat to her bosom and said aloud to herself，“This coat is mine！If that socialite wants another fur coat she can easily afford to buy one，and she’s probably insured to the hilt．”Marju kept the coat．
Which of the following best describes the crime or crimes，if any，Marju has committed？
A．Accessory after the fact to burglary．
B．Larceny and accessory after the fact to burglary．
C．Receipt of stolen property．
D．None of the above．
An underworld informer advised police officer Andy that Harry Hood was running an illegal bookmaking operation in his apartment，and that the informer had placed bets with Hood at this location．
Andy obtained a search warrant，based upon his affidavit reciting the foregoing facts，and further stating that the underworld informer was a person who had given him accurate information in previous cases，but whose identity could not be revealed because it might jeopardize other criminal investigations being carried on by the police．
Armed with the search warrant，police officers Barb and Charlie came to Hood’s apartment and，finding the door unlocked，opened it and saw Hood in the midst of conducting an illegal bookmaking transaction．They seized various wagering slips and bookmaking apparatus（described in the search warrant）and placed Hood under arrest．
Based upon the evidence obtained by Barb and Charlie，Hood is now being prosecuted for illegal bookmaking．
How should the trial court rule on each of the following issues？（Assume that all defenses and objections are properly before the court．）
72．Was the search warrant valid？
A．No，because it was based on hearsay information．
B．No，because Andy failed to disclose the identity of the informer，so that the accuracy of his information could not be verified．
C．No，because the reason given by Andy for the failure to disclose the informer’s identity was not constitutionally sufficient．
D．Yes．
73．Are the wagering slips and bookmaking apparatus seized from Hood admissible in evidence？
A．Yes，because regardless of whether the search warrant itself was valid，the evidence was in “plain view”upon entry．
B．No，because Barb and Charlie failed to state their authority and purpose in obtaining admission to Hood’s betting parlor．
C．Yes，because regardless of the unannounced entry，the door was unlocked．
D．No，because the wagering slips and apparatus were “mere evidence”of a crime（rather than contraband，fruits，or instrumentalities of the crime）．
74．A series of jewel robberies occurred in Swankton，an upper-crust resort town where many celebrities go to enjoy the sun，golf，tennis，and the famous Swankton Mineral Hot Springs．The method of operations had all the hallmarks of “Kate the Cat Burglar，”a former circus acrobat who had done time for daring jewel robberies．The Swankton police discovered that Kate was currently living in Swankton under an assumed name and working in a local health spa as an aerobics instructor．After finishing a day’s work，Kate was approached by George，an undercover Swankton police officer．George told Kate，“I know who you are and what you can do，and I’ve got a plan that can make us both lots of money．Countess LaBonza is staying in Swankton for the winter，and she’s got a stash of jewels you wouldn’t believe，but it’ll take someone with your particular skills to pull off the heist．”Kate assured George that she’d been trying very hard to “go straight”and did not want to get involved．However，after an hour’s cajoling by George，Kate agreed to the plan．
Kate thought all of this over，and called George the next day，telling him，“I just don’t want to do it．”George，however，was very stubborn and persistent，telling Kate，“You’ve got to do this．There’s no security in what you are doing and Countess LaBonza’s jewels will set you up for life．You know those people you work for would fire you in a minute if they knew who you were．”Kate again reluctantly agreed to assist George in the jewel theft．However，the more Kate thought about it，the more unnerved she became．
Three hours before the theft was scheduled to take place，Kate called the Swankton police and told them，“I’m Kate the Cat Burglar，and I’m trying to go straight，but this guy George keeps trying to talk me into stealing Countess LaBonza’s jewels．The theft is supposed to take place at 11 p．m．tonight at the Swankton Inn．I’m not going to show up，but George is a tall guy with red hair，thick glasses，and a beard．He’s supposed to be parked outside the Inn at 11 p．m．in a purple roadster．I suggest that you lock him up．”Kate did not appear at the scheduled meeting with George．
Is Kate guilty of conspiracy at common law？
A．Yes，because she made an agreement with George to commit the theft．
B．No，because there was no agreement．
C．No，because the intended crime was never completed．
D．No，because she effectively withdrew．
75．In a personal injury case involving a two-car collision，Plaintiff wishes to introduce a sworn deposition taken from Witt，a witness who died two weeks before the case came to trial．In the deposition，taken in Plaintiff’s attorney’s office，Witt stated that she saw Defendant run a red light at the time of the collision with Plaintiff’s car．Both Plaintiff and Defendant’s attorneys were present at the deposition．Defendant objects in the appropriate manner to the introduction of Witt’s statement．
How should the court rule on the admissibility of the deposition？
A．Admissible，because Defendant had an opportunity to cross-examine Witt at the time the deposition was taken．
B．Admissible，as a dying declaration．
C．Inadmissible，because the statement was not made while Witt was testifying in court．
D．Inadmissible，because Defendant has no opportunity to cross-examine Witt at trial．
Winston owned and operated an exclusive jewelry store，and employed Abigail and Charles as clerks in his store．One day，Charles reported to Winston that he saw Abigail stealing pieces of less expensive jewelry from the store．
Winston thereupon discharged Abigail and brought a civil action against her for the value of various pieces of jewelry missing from the store．
76．At the trial of the action，Winston calls Charles as his first witness．Charles testifies that he “does not remember”either having seen Abigail take anything from the store or having told Winston that she had done so．Winston then takes the witness stand and proposes to testify to what Charles had told him about seeing Abigail stealing pieces of less expensive jewelry from the store．Assuming appropriate objection by Abigail，such testimony by Winston would be
A．admissible as a statement against interest by Charles．
B．admissible as proper impeachment of Charles’s testimony．
C．inadmissible as irrelevant．
D．inadmissible hearsay if offered to prove thefts by Abigail．
77．Winston then calls Abigail as an adverse witness，and asks her one question—if it is not true that she has stolen jewelry from his store．She refuses to answer，claiming a privilege against self-incrimination．The trial court should
A．order her to disclose to the court in camera the circumstances of her removing the jewelry from the store，so that the court can determine whether she reasonably fears prosecution for a crime．
B．order her to answer because the privilege against self-incrimination does not apply in civil proceedings．
C．sustain her claim of privilege，as no witness can be compelled to answer questions that may tend to incriminate．
D．sustain her claim of privilege only if it appears from other evidence that she in fact is a likely subject of criminal prosecution by either federal or state authorities．
78．Winston then offers in evidence a certified copy of a court record that indicated Abigail had been convicted of grand larceny（a felony）six years previously．The trial court should
A．admit the record as relevant character evidence if the larceny involved dishonest acts toward an employer．
B．admit the record as impeachment evidence．
C．exclude the record as irrelevant because as yet Abigail has given no testimony to be impeached．
D．exclude the record because the conviction is too remote and does not necessarily reflect on her credibility as a witness in the present proceedings．
79．Winston then offers in evidence a letter，addressed to him at the store，which reads：
Dear Winston：I’m sorry that I took some
jewelry pieces from the store，but I needed
to raise some money quickly for emergency
medical care．I’ll try to repay you as soon
as I can．Please give me another chance．
/s/ Abigail．
Winston also testifies that he is familiar with Abigail’s handwriting，and recognizes the signature on the letter as being hers．
Assuming appropriate objection by Abigail，who claims that she did not sign the letter，the trial court should
A．exclude the letter for lack of foundation because lay opinion testimony regarding handwriting identification is not admissible．
B．admit the letter but instruct the jury that it is up to them to decide whether the letter is authentic．
C．admit the letter as authentic and instruct the jury accordingly．
D．exclude the letter unless its authenticity is established by a preponderance of the evidence．
80．Donald was on trial for a criminal offense．The prosecutor had a tape recording of Donald’s voice and called Wanda to the stand to authenticate the voice as Donald’s．The only time Wanda had heard Donald’s voice before was after Donald’s arrest．
Assuming a proper foundation has been laid，may Wanda properly authenticate Donald’s voice？
A．Yes，if Wanda is now familiar with Donald’s voice．
B．Yes，but only if Wanda is an expert on voice．
C．No，because Wanda’s testimony would be inadmissible hearsay．
D．No，because Wanda heard Donald’s voice after Donald was arrested．
81．Who，among the following，would not be permitted to verify writing as the handwriting of Darrin，a criminal defendant charged with forgery？
A．An expert witness who examined it and compared it with a genuine specimen of Darrin’s handwriting．
B．The jury，when offered a comparison known to be Darrin’s，obtained after Darrin’s arrest．
C．A police officer who had a copy of Darrin’s true handwriting．
D．A secretary who had worked for Darrin for five years．
82．Beatrix wanted to buy an antique chair that she had seen at a local antique dealer’s display show．Beatrix tried to make an offer for the chair and to ask other questions of Simonson，the owner，but was unable to do so successfully because Beatrix spoke only the Dutch language and Simonson spoke only English．
The day after Beatrix saw the chair，she asked her brother Henrik if he would speak to Simonson about the chair on her behalf and generally act as a go-between．Henrik agreed to do so．Henrik went to see Simonson and they reached an agreement that Beatrix would pay Simonson $15，000 for the chair．The agreement was not reduced to writing．That very afternoon，Henrik told Beatrix of the agreement with Simonson．Two days later，Henrik died．
On the day following Henrik’s death，Beatrix brought Simonson a certified check for $15，000．She showed the check to Simonson and pointed at the chair．Simonson shook his head vigorously and made various hand gestures indicating that he would not accept $15，000 for the chair．Beatrix sued Simonson on a contract theory．
At the trial，Beatrix，through an interpreter，wished to testify to a conversation she had with Henrik，where Henrik said，“Simonson has agreed to sell you the chair for $15，000．”
If the jurisdiction has a typical “Dead Man Act，”what effect will the Act have upon the admissibility of the conversation with Henrik？
A．It will render the conversation inadmissible because a civil action is involved．
B．It will render the conversation inadmissible because Beatrix is an interested party．
C．None，because Simonson is not a protected party．
D．None，because a civil action is involved．
83．George and Harry owned large adjoining properties in the mountains．The boundary line between the properties was never clearly marked．
Twenty-five years ago，George dug a water well on a section of the property that he thought was his，but in fact was Harry’s．George has continued to use the water and to maintain the well on a regular basis ever since．
Harry was adjudicated mentally incompetent 15 years ago．He died recently，and his executor has filed suit to eject George and quiet title．The jurisdiction’s statute of limitations for adverse possession is 20 years．
With respect to the land on which the water well was dug
A．George has acquired title by adverse possession．
B．George cannot claim title as an adverse possessor because he did not enter with hostile intent．
C．George is in adverse possession but has not acquired title because the statute of limitations was tolled by Harry’s incompetency．
D．None of the above．
For many years，Oscar owned one large parcel of land in a rural area．He built his home on the northern half of the property，and developed a large orchard of fruit trees on the southern portion．
Oscar became ill and was forced to spend his declining years in a convalescent hospital．Shortly before his death，he decided to make gifts of his property．He divided the property into two parcels：Parcel 1 comprised of the northern property containing the house，and Parcel 2 comprised of the orchard property．First，he conveyed Parcel 1 by grant deed to his friend，Frank，as follows：“To Frank，for life，and then to his widow for her life，remainder to Frank’s children then alive．”Later，he conveyed Parcel 2 to his friend，Sara．
Oscar died intestate and his sole heir at law was his brother，Bob．
The house on Parcel 1 was old and in need of repair．After months of trying，Frank was unable to rent the house in its current condition．Frank did not wish to make the necessary repairs or pay the higher residential taxes．For this reason，Frank proposed to tear down the house and plant fruit trees on Parcel 1 and thus produce an income for himself and his family．The property would be worth substantially more as a fruit orchard than in its present condition．However，Bob feels that Oscar’s old house has sentimental value and wants Frank to leave the land as it is．The common law Rule Against Perpetuities is unmodified by statute in the jurisdiction．
84．Does Bob have standing to sue to enjoin Frank from tearing the house down？
A．Yes，because he holds a reversion by operation of law that will take effect on the death of Frank’s widow．
B．Yes，because he holds an executory interest that will become possessory if Frank dies without surviving children．
C．No，because Bob has no interest in Parcel 1．
D．No，provided Frank was married at the time of Oscar’s conveyance，and has some children now living．
85．Assuming that Bob had standing to sue，which of the following actions could the court properly take，assuming Bob requested the appropriate relief？
I．Enjoin Frank from tearing down the house．
II．Order Frank to pay the taxes on the property．
III．Order Frank to make the necessary repairs．
IV．Allow Frank to tear down the house，but order him to pay damages to Bob．
A．IV．only．
B．II．and III．only．
C．I．，II．and III．only．
D．I．only．
86．Heathcliff and Sonia were good friends who lived together in an apartment for three years．They decided to purchase a home and bought Loveacre，taking the property as joint tenants．Two years after taking up residency on Loveacre，Sonia became pregnant．Heathcliff and Sonia married，and soon after the wedding a son was born whom the couple named Clyde．Heathcliff and Sonia had strong disagreements as to how Clyde should be raised．These disagreements led to heated arguments，which led to a divorce．
After the divorce，Sonia had custody of Clyde．Loveacre，though occupied by Sonia，remained in the names of both Heathcliff and Sonia．Heathcliff moved out of the state and conveyed all his title and interest in Loveacre by deed to Clyde．Shortly thereafter，Heathcliff was killed in an automobile collision．Heathcliff died intestate．
Who has title to Loveacre？
A．Sonia．
B．Sonia owns one-half and Heathcliff’s heirs own one-half．
C．Sonia and Clyde as joint tenants．
D．Sonia and Clyde as tenants in common．
87．Owen owned a small manufacturing business in Metroville．When Owen decided to retire，he put the business up for sale．Stephen was interested in purchasing an existing factory for his expanding widget business．After inspecting Owen’s property，Stephen made an offer of $150，000，which Owen accepted．They entered into a written contract for the sale of the plant that set the closing date for 30 days from the date of the contract．During the 30-day period，Stephen found a site that was better suited to his widget business．Looking for a way to get out of his contract with Owen，Stephen did some research．He discovered that Owen’s building did not comply with the Metroville building code，that the zoning ordinance that covered the area where the plant was located would forbid the heavy trucks that Stephen used in shipping his widgets，and that the plant violated by one foot the setback from the street required by the zoning ordinance．Stephen notified Owen that he would not be going through with the closing．Owen sued Stephen for specific performance．
If Stephen prevails，which of the following would be the proper basis for the court’s ruling？
I．The violation of the building code renders the title unmarketable．
II．The zoning ordinance forbids the use of the type of truck Stephen uses in the area where the plant is located．
III．The building violates the setback requirement by one foot．
A．I．only．
B．III．only．
C．I．，II．，or III．
D．I．or III．only．
The Ajax Missile Company was engaged in research and development of an interplanetary space shuttle，under contract with the United States Government．Over a period of years，it developed the prototype of a huge，solid-fuel rocket engine for use in this program．To evaluate the performance of this engine，it conducted a static test of the engine at a remote desert test site．The rocket engine was mounted on a concrete test stand，with the thrust of the engine directed downward into the ground．When the engine was fired up，huge clouds of flame and smoke filled the air，and particles of debris from the rocket fell onto an adjoining farm owned by Homesteader．The thrust of the rocket engine also caused heavy vibrations in the ground under the test site，which caused the slumping of subsurface earth structures surrounding the site，leading to the collapse of a water well on Homesteader’s farm．
88．If Homesteader files an action against Ajax for trespass，which of the following facts，if proved，would be most helpful to Ajax in avoiding liability？
A．Homesteader bought and operated his farm knowing that Ajax used the adjoining property for testing its rocket engines．
B．Neither Ajax nor anyone in its employ set foot upon Homesteader’s land．
C．Ajax had no reason to anticipate that the tests would cause any of the results that occurred．
D．The rocket testing program is essential to the national security，so that Ajax’s conduct was completely privileged as a public necessity．
89．If Homesteader maintains his action against Ajax on the theory that Ajax was negligent，which of the following would be the most helpful to Ajax in avoiding liability？
A．The subsurface earth structures that collapsed as a result of the tests were unstable before the tests took place．
B．Homesteader’s farm is located at such a far distance from the test site that no risk to Homesteader was foreseeable．
C．Ajax exercised due care in selecting the personnel who chose the test site and conducted the tests．
D．Ajax built its test site and conducted the tests in conformity with safety procedures and standards used by all other companies engaged in similar tests．
90．Poteet lent her automobile to her girlfriend DeeDee for the specific purpose of picking up a pizza that Poteet and DeeDee had ordered for dinner．DeeDee drove to the shopping mall where the pizzeria was located and parked Poteet’s car there．Instead of going directly to the pizzeria，DeeDee went into a bookstore，browsed，and eventually purchased a book．DeeDee then went to the pizzeria and picked up the pizza，which had been ready for 15 minutes．Just as DeeDee left the pizzeria to return to the car，another car，driven by Tammy，struck Poteet’s parked car，causing extensive damage to the car．Poteet did not carry collision insurance，and the car required $800 worth of body work．
If Poteet sues DeeDee on a negligence theory for damage to the car，who will prevail？
A．Poteet，because DeeDee exceeded her authority when she went to the bookstore．
B．Poteet，because but for DeeDee’s delay in getting the pizza，Poteet’s car would not have been damaged．
C．DeeDee，because she did not create a foreseeable risk of damage to Poteet’s car．
D．DeeDee，because the family car doctrine imputes any of DeeDee’s negligence to Poteet．
Antoinette and Batette were high school classmates．After school，they went together to “Le Soda Shoppe，”a short-order restaurant popular with students．Antoinette and Babette were seated in a booth near the front of the restaurant and were heavily engaged in conversation when Doug，another classmate，sat down at the booth immediately adjacent to theirs．Doug had a “crush”on Babette and wanted to scare her slightly to draw attention to himself．Therefore，he shot a spitball from his straw toward Babette，who was seated with her back toward him．Doug’s shot went astray and struck Antoinette in the eye，causing her to suffer corneal damage．
When the missile struck Antoinette，she cried out loudly in pain．Upon hearing the cry，Marie，a waitress，rushed to Antoinette’s assistance．Before Marie could reach the girl，she slipped on some pudding the busboy had failed to remove from the floor．Marie fell on top of Pantagruel，another restaurant patron，injuring him．
91．If Antoinette sues Doug，she can recover for
A．assault．
B．battery．
C．intentional infliction of emotional distress．
D．nothing，because Doug did not intend to harm her．
92．If Pantagruel sues Marie，can he recover？
A．Yes，because Marie had no duty to rescue．
B．Yes，because Marie assumed the risk．
C．No，because the touching was unintentional．
D．No，but he may recover against the restaurant．
Bill was walking along an unpaved road on his way to work．Suddenly，a school bus coming in the opposite direction began to careen toward him．This was due to the fact that the bus driver，Wally，had momentarily lost control of the bus while attempting to light a cigarette．
To avoid being hit by the bus，Bill jumped off the road into Carol’s yard．Unfortunately，he landed in a bed of prize-winning zinnias and damaged them extensively．
93．In a suit by Carol against Bill for the damage to her zinnias
A．Bill is liable for any damage because he had no privilege to enter upon Carol’s land．
B．whether Bill is liable depends on whether he was exercising due care．
C．Bill may be held liable for damage to the zinnias．
D．Bill is not liable for any damage to the zinnias because his entry was privileged．
Assume for purposes of this question only that in the process of dodging the bus，Bill’s wallet fell out of his pocket，although he did not realize it at the time．Bill discovered the loss of his wallet that evening，and therefore returned the following day to look for it．Bill obtained Carol’s permission to enter her land to look for his wallet．While searching for his wallet on Carol’s land，Bill brushed against an exposed electric wire that was partially hidden by some bushes and received a severe electric shock and burns．
94．In a suit by Bill against Carol for these injuries
A．Carol is liable，because Bill entered with her permission．
B．Carol is liable，because she failed to repair a dangerous condition on her property．
C．Carol is liable if she failed to reasonably inspect the property and as a result was unaware of the dangerous condition of the wire．
D．Carol is not liable unless she knew of the condition of the wire and failed to warn Bill of the danger．
95．In a suit by Carol against Wally，the bus driver，for the damages to her zinnias
A．Wally is liable for trespass because his driving caused Bill to enter onto Carol’s land and damage her zinnias．
B．Wally is liable on the theory of negligence．
C．Wally is not liable because Carol’s zinnias were not within the scope of any duty he owed in operation a bus on a public road．
D．if Wally is held liable on any theory，he is entitled to indemnity from Bill，who did the damage．
96．Many primary school teachers insist that the children should not be given trust until they have learned to use trust sensibly．This belief reminds one of the old tales about a young boy who would not ride a bicycle until he had learned how to pedal without losing his balance．
What does the author intend to suggest by referring to the “old tale”？
A．The children must first be given trust and then they can learn to use trust sensibly．
B．Children must be patient in order to be worthy of trust．
C．The teachers assert that trust must be self-taught to be beneficial．
D．Children should not be trusted until they know how to ride bicycles．
97．Maryland Bay will not encounter a serious earthquake this year since there have been no serious earthquakes on Maryland Bays in the last five years．
Which one of the following most closely resembles the reasoning in the passage above？
A．Because we have had cold winters for the last five years，next winter will most likely be cold．
B．Malice County will experience a serious tornado probably in the next 2 years because there have been serious tornado in this county in the last five years．
C．None of the four-way intersections we passed on this road had traffic lights，so the four-way intersections we have yet to pass on this road will not have traffic lights．
D．Since all white female dogs with black eyes are deaf in the zoo in the past two years，all white male dogs with black eyes are not deaf in this zoo．
98．The advantages of a college education in China are too valuable to be dissipated upon students who are not seriously dedicated to learning．Administrators should enforce the philosophy to the best of their abilities that enrollment in college is a privilege．When a student fails a course，he should be dismissed immediately，so more deserving candidates can take his place．
Which one of the following most seriously weakens the argument expressed above？
A．To dismiss a student who fails a course is to place achievement over the individual’s right to education．
B．Personal and other circumstances unrelated to a student’s dedication may have interfered with his studies and caused his grades to suffer．
C．The colleges may not have made a student fully aware of the demands of its curriculum．
D．Scholarship is not good enough for a student to maintain a good academic achievement．
99．Many assert that it is essential to an individual’s mental well-being that he or she works in some place other than the home．Others assert that any worker，given the opportunity，would prefer to work at home．What both sides fail to see is that the preferences of workers do not always reflect what is most beneficial to their mental well-being．
Which one of the following best describes the effect of the author’s point in the two assertions he discusses？
A．It shows that both assertions are not reasonable．
B．It shows that the definitions of “mental well-being”in both assertions are inconsistent．
C．It raises an issue that is completely unrelated to either of the two assertions．
D．It shows that both assertions are not logically inconsistent．
100．Wyoming and Alaska with cold climates have small populations．Nevada with a warm climate has a small population too．Minnesota with a cold weather has a large population．The state of Texas，which has a warm climate，has a large population．
Which one of the following best expresses the main point of the statements made above？
A．Large populations are not a result of cold climates．
B．large populations are not a result of warm climates．
C．Large populations are a result of both warm and cold climates．
D．Large populations are a result of neither warm nor cold climates．