MBE

Businessman executes promissory note for 200k, note states he's not personally liable for mortgage debt, one week later finance co gets judgment against him for 50k and filed judgment in county where property is located, 2 weeks bank recorded mortgage

(A) No, because the judgment lien was recorded before mortgage and finance company had not actual notice of mortgage

Massive terrorist attack, Congress declares war, requires aliens to leave US or be deported, SCOTUS has OG jurisdiction over any action

(A) No, statute does not fall w/n the categories of cases specified in art. 3 as those over which the SCOTUS has OG jurisdiction. SCOTUS has held that Congress cannot give the Court OG jurisdiction over any other type of case not in Art. 3.

State law provides that only US citizens may be jurors, woman who is lawful alien summoned for jury duty, woman was disqualified, woman files action saying unconstitutional, who should prevail

(A) The state, because a state may limit to US Citizens functions that are an integral part of the process of self-goverment Rationally related to the state's legitimate interest in ensuring that only citizens perform functions that are central self-gov't

Mother and six year old on walk when mother stopped to talk to elderly neighbor, child resented mother's attention child threw himself at neighbor and knocked her to the ground, neighbor suffered injures, in action for batter against child what is the strongest argument for liability

(A) child intended to throw himself against neighbor

Woman, murder, plea of NG by reason of insanity, evidence show woman stalked victim for several hours, experts testified that woman knew it was illegal and wrong, but suffered serious mental illness that left her in the grip of a powerful and irresistible compulsion to kill

(B) Only if the jurisdiction follows ALI Model Penal Code test for insanity.

Businesswoman sold business to co for 25 mil, in cash pursuant to a signed written contract, co agreed to employ businesswoman for two years as VP with salary of 150k, after 6 mo she was fired, which statement describes woman's right after being fired

(B) She can recover the promised salary for the remainder of the two years if no comparable job is reasonably available and she does not take another job

Congress enacted a statute directing US ambassadors to send formal letters to host countries, protesting any violations by those gov't of int'l treaties on weapon sales. President wants less formal violation handling

(D) Yes, because the President and his subordinates are the exclusive official representatives of the US in foreign affairs

Boater caught in storm fearing boat would capsize, drove boat to pier and tied it up, pier had no trespassing sign, owner of pier ran up and told boater they could not be there, boater offered to pay, owned untied boat and pushed it away, boat lost at sea, is boater likely to prevail in action for cost of boat

(D) Yes, because the boater was privileged to enter the owner's property to save her boat

Seller sent email to potential buyer to sell his house to her for 150k, buyer responded asking if offer included porch swing, seller replied and said no, buyer then accepts, seller refuses to sell claiming offer was no longer open

(D) Yes, because the buyer's email merely asked for information. A reply to an offer that merely requests information regarding the offer constitutes an inquiry rather than a counteroffer.

Husband and wife have land as JT w/ right of survivorship, one year later husband devises to best friend, husband dies

(D) Yes, because the devise to the friend did not sever the JT. Interest cannot be devised in a will for JT.

Mailings sent to MVA victims about PTSD, offering services, PTSD from MVA is not common, many accident victims feel invasion of privacy, reported that regard for therapy has diminished, state enacts law that have to wait 30 days before contacting, constitutional?

(D) Yes, because the law protects the privacy of accident victims and the public regard for psychotherapy without being substantially more restrictive than necessary

Sued neighbor for defamation, neighbor told friend that man set house on fire in neighborhood, this was false, friend told man about allegation, no one else was told about allegation

(D) Yes, because the neighbor communicated to the friend the false accusation that the man had committed a serious crime. Core of defamation action is the communication of a defamatory statement about P to third party.

Valid warrant, police learn that person with woman's name and description lives at a particular address, police arrive, house appears to be unoccupied, knock repeatedly, announce, enter house, find illegal shotgun, motion to surpress

(D) Yes, because the officers had no reason to believe that the woman was in the house.

Mother purchased expensive TV from appliance for adult son, fire started concluded that started from TV, son sues for negligence, MSJ, should court grant

(D) Yes, because there is no evidence of negligence on part of the store

Woman's trial for bank robbery, prosecutor calls private security testified that woman's brother rushed up to him and said my sister is robbing the bank, woman seeks to call W to testify that brother told W I got sister into trouble by telling security guard that she was robbing the bank, bro unable to testify, is testimony admissible

(D) Yes, but only as an inconsistent statement to impeach brother's credibility

US recognize ruling faction in foreign country, new president decided to recognize group of rebels and notified ambassador in US must leave w/n 10 days, action in fed court to declare true faction is gov't, US moves to dismiss

(A) Action involves a nonjusticiable political question. Art. 2 power to receive foreign ambassadors is likely a textually demonstrable commitment by the Constitution of exclusive authority to recognize a foreign gov't

Wife decided to kill her husband because she was tired of his infidelity, cyanide in wine glass, changes mind, maid finds wine glass, maid drank it and dies, what crime is wife guilty of

(A) Attempted murder of husband and murder or manslaughter of the maid

Woman owns how executing deed conveying house to son and his wife, deed creates JT w/ right of survivorship, mailed deed, but says intends to live there until death, wife conveys interest to friend who reconveys it, woman seeks to declare that woman is still owner, if court says fee simple why

(A) Deed was not delivered. Delivery is question of grantor's intent.

Man sends email saying because you're a great friend I give you a rare book I own, friend replies and says I am going to give you butterfly collection, book is 10k butterfly is 100, refuses to deliver book, If friend sues to recover value of book, how should court rule?

(A) For the man, because there was no bargained for exhange to support his promise.

Man owns large tract of land no access to any other road other than highway in front, man conveyed rear of land to woman and an express easement to access highway, woman used easement until she reconvened it back to man, man conveys the land again and made no reference to easement, investor sues to enforce easement, who will the court decide

(A) Investor, because an easement will be implied

Statute divides murder into degrees and defines murder in first degree was willfully committed with premeditation and deliberation, second degree is other CL murder, man tries to get coworker to attack him, bragged about ****ing his wife, coworker came at him with knife and man kills him, what could man be convicted of?

(A) Murder in first degree

Officer with hunch, that man was drug dealer, clocks man speeding 3 mph, usual practice is not to stop unless 5 mph over, but decided to stop because evidence of drugs was possible, offer saw passenger had clear bag of weed, officer arrests, claim fourth violation because pretext and order passengers to step out, are man and passenger correct

(A) No, as to both the stop of the car and the officer's order that they step out

Man ties dog to bike rack and left dog there, dog was friendly, 5 year old teased dog by pulling on his ear and tail, man sees and is upset, viable claim for trespass to chattels

(A) No, because child did not injure dog

Trial for a D and co D, co D and attorney offer to give prosecutor info about facts that would help case against D in exchange for leniency to D, prosecutor refuses, co D commits suicide, prosecutor calls attorney to testify about information, is testimony admissible

(A) No, because codefendant's communications are protected by the attorney-client privilege

Congress enacts statute that makes it illegal for any EE without consent of ER to post on internet any info about ER, constitutional?

(A) No, because it is not narrowly tailored to further compelling gov't interest

Upon rec by doc mother purchases vaporizer for child, no safer alternative design at time of sale, booklet said that vaporizer was safe, spill proof, and practically foolproof, child trips over it one night and has serious burns, action against manufacturer, man. moves to dismiss, should it be granted

(A) No, because jury could find that manufacturer expressly represented that vaporizer was spillproof

Seller and buyer signed contract for sale of vacant land, contract silent re: quality of title, but seller agreed to convey land via warranty deed without exceptions, buyer conducts title search, learns zoning did not allow for planned commercial use, discovered there was a recorded restrictive covenant, buyer no longer wants to purchase, must buyer purchase

(A) No, because restrictive covenant renders title unmarketable

Woman went to art gallery and falsely represented that she was an agent for museum, woman agreed on price to be paid 10 days later, woman takes painting, gallery failed to get payment, owner notifies police about woman not working at museum, when interviewed by police woman admits to false representation but thought that someone stole it from her, is woman guilty of obtaining property by false pretenses

(A) No, because she believed the painting belonged to her

CC co. obtained properly filed judgment against man for $10k, statute says judgment properly filed for 10 years from filing be a lien on the real property then owned, 2 years later man purchased land for $200k, downpayment of 20k, deed recorded then mortgage, 5 mo. later defaults and initiated foreclosure, bank files first lien on land

(A) No, because the bank's mortgage secured a loan used to purchase land. Purchase-money mortgage takes precedence over CC company's lien

Shopper riding on escalator in department store, stops abruptly, shopper falls, store's obligation to provide safe conditions nondelegable, shooter brings action, store moves for directed verdict, should court grant

(A) No, because the finder of fact could infer that the escalator malfunction was due to negligence

Manufacturing plant emits faint noise even though state of the art sound dampeners, plant operated only on weekdays and during daylight, homeowner could not sleep because of noise, other residents did not notice noise

(A) No, because the homeowner is unusually sensitive to noise during the day

Mill and bakery enter into written contract that obligated mill to deliver 1,000 lbs of lower every Monday for 26 weeks, mill delivered it in the correct manner for first 15 weeks, on 16th delivery was on T and only 800 lbs, mill told them and they made up for it, how may bakery legally respond

(B) Accept 800 lbs tendered, but notify the mill that the bakery will deduct from the price any damages for losses due to the nonconforming tender

ER owed EE $200, law in which ER and EE reside that claims for unpaid wages must be decided w/n 10 days of filing, EE files claim, ER filed bankruptcy, what constitutional basis for stay?

(B) Congress's power to provide uniform rules of bankruptcy.

Woman inherits house from distant relative, woman never visited house, man next door asks to buy it, woman agrees to sale as is, man agrees and gets warranty deed, man finds termite damages, how should court rule

(B) For the woman because she sold the house as is A seller may disclaim any duty to disclose defects if disclaimer is sufficiently clear and specific.

Woman signs up for bowling class, instructor required her to sign a waiver explicitly state she assumed all risks including negligence, after signing instructor negligently injuries, instructor files SJM, what's best argument

(B) In circumstances like these, it is against public policy to enforce agreements that insulate people from the consequences of their own negligence

Lawyer locked in library because clerk thought no one was there, lawyer annoyed by not harmed, false imprisonment claim

(B) No because the clerk did not intend to confine the lawyer

2 Ds being tried together in fed court for bank robbery, prosecutor sought to introduce testimony from 1st D's cellmate, cellmate would testify that first D had admitted that he and second D robbed bank, prosecutor asks that testimony be used against only first D, cellmate's testimony be admitted

(B) No because the limiting instruction cannot ensure that the jury will not consider the testimony in its deliberations regarding the second defendant

D validly arrested for murder to store clerk, police gave Miranda, D said he was willing to give up rights, D said he didn't kill victim, D says maybe I should talk to lawyer, cop says are you sure, D said idk, asked why he would need a lawyer and confesses, should motion to suppress be granted

(B) No, because D did not effectively assert right to counsel, and his conduct prior to making statement constituted a valid waiver.

P sued D, alleging run over by car driven by D, P calls ER staff to testify that husband said he saw wife get run over by driver who went right thru intersection w/o looking.

(B) No, because it is hearsay not within any exception.

P brought civil suit for fistfight injuries, P seeks to introduce from properly authenticated police report a statement attributed to an eyewitness who is unavailable to testify

(B) No, because it is not hearsay w/n any exception.

Telephone convo, jewelry maker offered to buy 100 oz of gold from precious metals co. if delivery w/n 10 days, jewelry maker did not specify a price, but market is 100 oz... approx 65k, company delivered the gold 6 days later

(B) No, because parties did not put agreement in writing.

D charged with offense of public intoxication, evidence shows intoxicated D when officers burst into home and arrested him pursuant to valid warrant, D was angry because couldn't get coat, is D properly convicted go violating statute

(B) No, because statute requires proof of a voluntary appearance in public place

State law imposed substantial regulations on insurance co. w/n state re: rates, reserves, financial practices, company hires qualified woman, refuses to consider application of man who was better qualified because of political views, is man likely to prevail

(B) No, because the company is not subject to the provisions of the First and Fourteenth Amendments

Toxic materials being transported by truck from manufacturers plant to warehouse leaked from truck onto street, toxic material causes driver to lose control, driver injured, sues for SL is driver likely to prevail

(B) No, because the driver's injury did not result from the toxicity of the materials.

EE of water department responsible for sending out water bills, EE's sister ran in election as mayor, but lost, EE had supported sister, after mayor found out she fired EE because of his support, is constitutional?

(B) No, because the mayor's action violates EE right to freedom of expression and association

Enviro org. mission is to support enviro causes, organization is open to public by bylaws permit officers to refuse anyone who does not adhere to statement, org opposed plans to being mining operation, residents tried to become members but officers refused to admit them, residents sued claiming refusal to admit them was discriminatory org. respond that ordinance was unconstitutional as applied, are residents likely to prevail

(B) No, because the organization's right to freedom of association allows it to refuse to admit potential members who do not adhere to mission statement

Congress enacted statute that authorized construction of monument commemorating role of US in WW2, another statute gave $3 mil for construction, Pres cancels monument and said would not spend funds, announcement said reason was not actual reason, is decision constitutional

(B) No, because the president is obligated to spend funds in accordance with congressional directions.

Builder borrows 100k from small construction job, builder gave lender a writing statement that he will pay the money received from homeowner to them immediately regardless of creditor demands, builder died after completion but before payment, lender demanded homeowner pay 10k, homeowner refused saying that he would directly pay builder's estate, is lender likely to succeed in action

(B) No, because the writing the builder gave to the lender did not transfer the right to receive payment from homeowner

Office building mortgage, conveys office to woman, deed not recorded, women stops payments, 3rd party purchase at foreclosure, sought to collect deficiency from woman

(B) No, because woman is not personally liable on the loan. Woman took title of office building subject to the mortgage but did not assume mortgage debt

Producer contracted to pay an inexperienced performer a specified salary to act in a small role, contract was for duration of tour, performer gets ill and goes to hospital, producer replaces and refuses to take performer back after out of hospital, breach of contract, if proved what would be producer's best defense

(B) The actor was the only replacement the producer could find, and the actor would accept nothing less than a contract for the remainder of the six-week tour

Seller conveys residential land to a buyer by a warranty deed that contained no exceptions an recited that the full consideration had to be paid, buyer borrow 80% of funds seller agreed to finance 15% of purchase price, buyer defaults, which loan has priority

(B) The bank's loan, because ti was secured by a purchase-money mortgage

2 friends plan to incorporate a business together, agree own stock in equal portion, businesswoman conveys land to corporation and its successors, deed recorded, friends had disagreement and no papers ever filed to business

(B) The businesswoman because the deed was void

D charged with robbing bank, prosecutor supplied court with info from accurate sources establishing that the bank is federally insured and is not subject to reasonable dispute, prosecutor asks for judicial notice, D objects, how should court proceed

(B) The court must take judicial notice and instruct jury that it may, but is not required to accept the judicially noticed fact as conclusive Court must take judicial notice of fact if court is supplied with necessary info to indicate that the fact is not subject to reasonable dispute

Woman broke off engagement, won't give back ring, one night man enters house to get ring, neighbor saw man and calls police, police find him, charged with burglary in CL jurisdiction, what if proved was man's best defense

(B) The man incorrectly and unreasonably that je was legally entitled to the ring

State provides the maintenance of any ongoing enterprise in the nature of a betting parlor or bookmaking organization is a felony, prosecutor has evidence that a woman has been renting office to man that has been using it as a betting parlor, which additional evidence would be most useful

(B) The woman charges the man considerably more in rent than she charged the preceding tenant, who used the office for legitimate activities

Firstborn examined by doctor, doc negligently concluded that child could hear, parents had second child who suffered deafness due to same hereditary condition, claim wouldn't have number 2 if they had known, what sort of action should they pursue

(B) Wrongful birth action by parents for expenses they have incurred due to the second child's deafness, on the ground that but for doc's negligence, they would not have conceived second child

Teacher takes 1 year position at high school for 50k, school informs teacher, 7 days later, that they do not need full-time teacher, offers part-time counselor for 20k, teacher refuses, teacher get job offer for 47k at competing school, teacher takes none of the offers and does grad work, teacher sues for breach of contract

(C) 3,000, the full contract amount less the amount the teacher could have earned in the teaching position at the competing school

Man admitted to hospital after having headaches, hospital staff failed to diagnose and discharged him, man dies because of brain hemorrhage, wrongful death suit, offers expert testimony man had a reasonable chance of survival, where would this be most successful

(C) A jurisdiction that allows recovery for the loss of the chance of survival

Alcohol sale to under 21 is misdemeanor, fake ID saying 24, both clerk and owner charged with violating statute

(C) Both strict and vicarious liability imposed.

Man suffers broken jaw from fight with neighbor, if man sues which of the following actions must trial court take if requested

(C) Exclude nonparty eyewitnesses from courtroom during testimony of other witnesses

Tenant leased commercial property for 12 year term, property included large store and parking lot, lease set to expire, landlord contacted tenant about possible lease renewal, tenant asserts right to remove all items, landlord sued tenant to enjoin his removal of the items, how is court likely to rule

(C) For tenant, provided that the tenant reasonably restores the premises to the prior condition or pays for the cost of restoration

Man sees wallet fall in football stadium, picks it up and finds $100 in cash, puts in pocket, spectator sees and asks about missing wallet, man said no and went home with wallet, what crime is man guilty of

(C) Larceny

Produce distributor contracted to provide grocer with eight crates of lettuce, distributor's shipping clerk mistakenly shipped only 7 crates, grocer accepts delivery but notifies distributor that only 7 crates, distributor shipped no more lettuce to grocery and grocer has not yet paid, how much is distributor entitled to collect

(C) Listed price for seven crates of lettuce, minus grocer's damages, if any, for the distributor's failure to deliver the full order

Woman subpoenaed to appear before grand jury, taken to room, answered prelim questions, asked where she was, before questioning wanting to consult attorney, she was allowed to do so, refused to answer, prosecutor believes woman was accomplice or principal, prosector wants to complete woman to answer, what steps to take

(C) Prepare documents necessary to grant woman immunity from any future use of her grand jury testimony or any evidence derived from it.

After a d was indicted on federal bank fraud charges and released on bail, attorney filed notice of D's intent to offer insanity defense, prosecutor got undercover psych, told D about employment opportunity that needed screening to determine qualifications, psych gave D psych tests, strongest basis for defense objection to psych testimony

(C) Sixth Amendment right to the assistant of counsel

Prosecutor presented to grand jury testimony of witness to secure indictment for theft, prosecutor did not disclose that witness has been convicted of perjury 4 years ago, D pleads NG, prosecutor calls W at trial, did not reveal perjury until defense was preparing to rest, defense counsel moved for mistrial, court allowed defense tor recall W for purpose of impeachment, but W could not be found, court allowed D to introduce commentary evidence of W's criminal record, jury convicts D, if court grants MNT what's reason?

(C) The court found it reasonably probable that D would have been acquitted had the defense had timely access to information about W's conviction

For 22 years, and recored have shown man as owner of 80 acre farm, but never physically occupied, 19 years ago woman entered farm, adversely possess, 3 years ago neighbor took possession put fences up and no trespassing, did some plowing, woman returned she found neighbor, neighbor rejects right to possession, woman told man about activity, denounces taking farm, woman deeds farm to son,

(C) The son owns the land, because he succeeded to the woman's adverse possession title by privity of conveyance

Landlord leased a building to a tenant for a 10-year term, 2 years in tenant subleased for 5 years, sublease agreed to monthly rent, tenant did not forward 4 payments to landlord, tenant left jurisdiction and cannot be found, landlord sues sublease, if sub wins reason?

(C) The sublessee is not in privity of estate or contract with the landlord.

Man and friend went to a party, man and friend drank at party and became legally intoxicated, decided to play russian roulette with loaded gun, man pointed at friend and on her command pulled trigger, shot friend in shoulder, dispositive issue?

(C) Whether the friend was also negligent.

D on trial for stolen TV, claims TV was a gift from friend who has disappeared, D seeks to testify that he was present when friend told neighbor that TV was given to friend by mother

(C) Yes, as non hearsay evidence of D's belief that the friend owned the TV Offering statements as evidence that the D thought that the friend owned the TV

Buyer purchases seller's house for 250k on condition that buyer obtain mortgage financing w/n 30 days, buyer said he had not obtained it 30 days later, if seller sues is the court likely to find the buyer in breach

(C) Yes, because a promise was implied that the buyer would make reasonable efforts to obtain mortgage financing

Fatal virus infected poultry, scientific evidence it is zoonotic, legislature enacted a law imposing fee on all poultry, purpose is for inspection to make sure no virus, is constitutional

(C) Yes, because it applies only to activities that take place wholly within the state, and it does not unduly burden interstate commerce

D charged with mail fraud, D called witness who testified that D had reputation for honest, on cross prosecutor seeks to introduce evidence of embezzlement arrest, should court permit

(C) Yes, because it seeks to impeach the credibility of the witness

Mother executed will devising vacant lot to son, son purported to convey land to friend via warranty deed, friend paid value for the land and recorded deed without doing a title search, friend never took possession, mother dies and conveyed land to son, friend conducts title search and asked son for new deed, offered to refund friend, will friend prevail on quiet title?

(C) Yes, because of the doctrine of estoppel by deed. Provides that even if the grantor has no title to land at time it is delivered, the title automatically passes to the grantee when title is so acquired, provided that the grantor assets the quality of title conveyed in the deed.

Congress enacts statute creating program that made federal loans available to family farmers who could not get private loans, congress appropriated a fixed sum of money to fund loans, 2 weeks after program family farmer applies, application denied, sues claiming due process violation, should court uphold decision

(C) Yes, because the applicable statute gives the farmer no legitimate claim of entitlement to receive a loan.

Assistant to famous writer, saw password, assistant read emails and printed them out, leaks info, true and matter of public interest

(C) Yes, because the assistant invaded the writer's privacy. Intrusion upon seclusion

Woman borrowed 100k from bank and executed promissory note, as security for repayment of loan, woman's brother gave the bank a mortgage on tract of land he owned, brother did not sign note, woman defaults, bank institutes foreclosure proceedings on brother's land, will bank succeed

(C) Yes, because the bank as a valid mortgage.

Seller borrowed 5k from bank, seller filed bankruptcy, having paid nothin, five years after debt has been discharged, seller contracted to sell goods to buyer for 5000, contract provided buyer would pay the 5k to the bank, seller delivered goods to buyer who accepted them, if bank becomes aware and buyer refuses to pay anything to the bank, is the bank likely to succeed in an action against the buyer for 5k

(C) Yes, because the bank was an intended beneficiary of the contract between the buyer and the seller

Restaurant supplier sent letter to regular customer offering to sell customer an industrial freezer, 2 days later customer said accept offer on the condition that freezer is merchantable, supplier said offer no longer open, sold to someone else for $11k

(C) Yes, because the customer's letter was an acceptance fo the supplier's offer since the warranty of merchantability was already implied in the sale. UCC 2-314, a warranty of merchantability is implied in every contract for the sale of a good by a seller who is a merchant with respect to goods of that kind

14 year old of low intelligence allowed to drive parent's car, she hits pedestrian, is pedestrian likely to prevail in action against girl?

(C) Yes, because the girl was engaging in an adult activity

Bank fraud, making withdrawals from banks accounts using false ID and forging, coD assisted in 5/75 transactions, prosecutor moves for admission of all 75 checks, using as handwriting sample basically

(C) Yes, because the jurors are allowed to determine the genuineness of handwriting specimens based on comparison with authenticated specimens. 901(b)(3) allows the jury to determine the genuineness of evidence by comparison with other authenticated specimens.

City ordinance created 3 member zoning board, which is responsible for approving location of all entertainment venues in city, minister was appointed to the board to represent local council of churches, board denied a company permission to open night club because it was close to church, company challenges ordinance and its application in fed court on constitutional grounds, is company likely to prevail?

(C) Yes, because the requirement that the zoning board includes representative of local council of churches violates first and fourteenth amendments

Buyer agreed in writing to purchase car from seller for $15k with price to be paid on specified date at seller's home, seller sold car to third party for 18k, buyer sues seller, who will buyer prevail

(D) Yes, because seller anticipatory repudiated the contract when he sold the car to a third party

D charged with aggravated assault, physical evidence shown that victim was hit with lead pipe in back of head and forearms, ME testified that injuries to forearms appear to be defensive wounds, victim has testified that he cannot remember who attacked him, wants to testify that only a passerby found him in the alley, and he told passerby that D had hit him then lost consciousness, D objects, is victim's testimony concerning previous statement to passerby admissible?

(C) Yes, because victim is subject to cross-examination and there is sufficient showing of personal knowledge

Woman wanted to kill business competitor, contacts hit man and offers 50k, man agrees and accepts 25k as downpayment, man is an undercover cop, jurisdiction has unilateral theory of conspiracy, is woman guilty of conspiracy to murder

(C) Yes, because woman believed that she had an agreement with the man that would bring about competitor's death

Art collector paid gallery 1000 to purchase framed drawing from gallery, price included shipping, during shipment it got scratched reducing value by 300, collector complained, collector paid 400 to restore the drawing but not everything could be fixed, drawing was worth 700 after, action by collector against gallery, which is most likely award

(D) 700 Generally applicable standard for measuring collector's damages would be differences between the value of drawing as accepted and value if it had been was warranted.

Woman's car set on fire, submits claim to insurance, co refuses to pay asserting policy lapse and nonpayment of premium, woman testified that she had paid premium, secretary testified that he takes all mail to bin, insurance co calls mail clerk to testify he opens all incoming mail and did not receive premium, both move for directed verdict, which party should get the verdict

(D) For neither the woman nor insurance co, because under these circumstances the jury is responsible for determining whether the insurance co received the payment

P brings products action against sport utility vehicle that decedent was killed in during rollover accident, P claims designed defect, D claims excessive speed during ice storm, eyewitness fave contradictory estimates about vehicle's speed just before rollover, also disputed whether killed instantly, which items are most likely to be admitted?

(D) Photos taken at the accident scene and during the autopsy that would help P's medical expert explain to the jury why she included that decedent did not die instantly

Mining operations, Congress enacts statutes that imposed new enviro regulations, statute made company's planned mining operations economically infeasible, company sells to farmer, covered OG cost but not expectation damages or for equipment, company claims just compensation, which of the following is the most appropriate result

(D) The company should not prevail on its claim for the cost of the mining equipment or for its lost profits

Man conveyed land to nice and her heirs and assigns in fee simple until niece's daughter marries then to nights daughter and her heirs and assign in fee simple, which of the following is the most accurate statement concerning the title to the land

(D) The niece has a defeasible fee simple determinable and daughter has an executory interest

Pedestrian crossing street in crosswalk when woman walking ahead gets hit by truck, pedestrian administered CPR, woman bled profusely, and died on way to hospital, pedestrian becomes depressed and NIED action, strongest argument for pedestrian's response to driver's assertion that no physical symptoms?

(D) The pedestrian was in zone of danger

Landlord leased building to tenant for six years, lease complied with SOF and not recorded, tenant sends email offering to purchase for $250k, landlord said that's fine we'll close in 60 days, landlord refused to tender deed, who is likely to prevail

(D) The tenant, because the email messages constitute a sufficient memorandum under the SOF

Farmer who wanted to sell her land received letter from developer that said, I will pay you 1100 per acre, farmer said accept, developer intended to only offer 1000 but mistakenly put 1100, land in area between 1000-1200, which states probable legal consequences of correspondence

(D) There is a contract formed at a price of $1100 per acre

Beneficiary of life insurance policy sued for proceeds of policy, at issue is the date when decedent had heart issues, PCP testified routine check up Feb. 15, decedent indicated on form that he had chest pain yesterday, admissible

(D) Yes, as a statement for the purpose of obtaining medical treatment

P has sued D for personal injuries when bitten by rat, P offers evidence that after incident D said I'd like to give you $100 because she felt bad, is statement admissible

(D) Yes, as statement of party opponent

Buyer and seller enter into written contract for sale of copy machine, using same form contract they used in past, contract stated payment due 30 days after delivery, on several previous occasions, buyer had taken a 5% discount from contract price when paying w/n 10 days of delivery, and seller had not objected, did this here but seller objected, if seller sues buyer for breach of contract, may buyer introduce evidence that 5% discount was term of agreement?

(D) Yes, because evidence of course of dealing is admissible even if the writing contains the complete and exclusive agreement of the parties

D on trial for mail fraud, D calls wife to testify she committed fraud, on cross prosecutor asks wife isn't it true that you have fled your home several times in fear of your husband, is this proper

(D) Yes, because it explores the wife's possible motive for testifying falsely

Driver sues insurance co. for personal injuries, insurance co said injuries were self inflicted and excluded from coverage, driver testified that she had inflicted the injuries but that she had not done so intentionally, psych says mentally unbalanced but not self destructive at time of accident, should court admit witness's opinion

(D) Yes, because it is a helpful opinion by a qualified expert

Buyer purchases new car under written contract that said price was 20k and buyer would get trade-in value of 7000, contract contains merger clause that it was the entire agreement, when buyer took possession she gave old car to dealer and dealer claimed that trade in included assignment of the buyer's claim against insurance company for old car, buyer refused assignment, dealer sues, offers evidence that parties agreed for insurance payment, should court admit?

(D) Yes, because merger callus does not bar evidence to explain what parties meant by trade-in allowance