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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】- 58
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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…- 60
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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…- 69
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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…- 59
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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, …- 74
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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】- 59
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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…- 84
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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…- 81
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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…- 76
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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…- 96
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X died one day after the 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 t 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. …- 77
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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…- 109
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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】- 108
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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】- 72
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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. …- 106
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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】- 65
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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】- 73
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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】- 193
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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】- 123
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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】- 120
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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. …- 104
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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…- 171
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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 par…- 131
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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…- 168
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