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隐藏支付积分
隐藏支付积分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…...- 1
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隐藏支付积分隐藏支付积分
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 at…...- 0
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隐藏支付积分隐藏支付积分
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 perf…...- 1
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隐藏支付积分隐藏支付积分
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. 【答案与解析】...- 0
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隐藏支付积分隐藏支付积分
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, …...- 0
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隐藏支付积分隐藏支付积分
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 Judgement Rule D. Mailbox Rule 【答案与解析】...- 0
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隐藏支付积分隐藏支付积分
A term used to describe legal services provided to client free of charge.
A. Nisi prius B. Prima facie C. Mens rea D. Pro bono 【答案与解析】...- 0
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隐藏支付积分隐藏支付积分
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 h…...- 0
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隐藏支付积分隐藏支付积分
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 cou…...- 0
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隐藏支付积分隐藏支付积分
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. 【答案与解析】...- 0
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隐藏支付积分隐藏支付积分
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 a intended benificiary. B. Q was a donee beneficiary. C. Q was a incidental beneficiary. D. Q was not a party to the contract. 【答案与解析】...- 0
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隐藏支付积分隐藏支付积分
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 a…...- 0
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隐藏支付积分隐藏支付积分
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…...- 0
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隐藏支付积分隐藏支付积分
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 legit…...- 0
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隐藏支付积分隐藏支付积分
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. 【答案与解析】...- 0
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隐藏支付积分隐藏支付积分
Jane has an orchard which yields a bumpy 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. 【答案与解析】...- 0
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隐藏支付积分隐藏支付积分
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 ture?
A. W does not need to do anything for O. B. O needs to pay one-third of 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. …...- 0
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隐藏支付积分隐藏支付积分
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. 【答案与解析】...- 0
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隐藏支付积分隐藏支付积分
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 F was b…...- 0
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隐藏支付积分隐藏支付积分
A lawyer paid by the country to defend one who is indigent (without funds).
A. Public prossecutor B. Public defender C. Prosecuting attorney D. Probation officer 【答案与解析】...- 0
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隐藏支付积分隐藏支付积分
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. 【答案与解析】...- 0
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