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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…... 酱板鸭
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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…... 酱板鸭
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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. 【答案与解析】... 酱板鸭
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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】... 酱板鸭
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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…... 酱板鸭
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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…... 酱板鸭
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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 f…... 酱板鸭
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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. 【答案与解析】... 酱板鸭
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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 test…... 酱板鸭
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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】... 酱板鸭
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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…... 酱板鸭
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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】... 酱板鸭
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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】... 酱板鸭
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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】... 酱板鸭
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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. …... 酱板鸭
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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. 【答案与解析】 ... 酱板鸭
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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】... 酱板鸭
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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…... 酱板鸭
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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】... 酱板鸭
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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 …... 酱板鸭
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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…... 酱板鸭
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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 possesion is continuous throughout the Statute of Limitation period. C. that the a…... 酱板鸭
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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…... 酱板鸭
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