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A truck driver collided with a motorcyclist in a busy intersection. A police officer present at the
scene cited the trucker for running a red light. At the preliminary hearing, the trucker initially
pleaded guilty, but he withdrew his plea when the judge told him what she had in mind for a
sentence. The judge let the trucker change his plea to not guilty. The trucker, however, had no
success at his trial and was convicted. The motorcyclist is now suing the trucker in a civil action
for the injuries he sustained in the accident.
If the motorcyclist tries to introduce evidence of the trucker's original guilty plea, on proper
motion, should this evidence be excluded?
A Yes, because it is hearsay not within any exception.
B Yes, because the plea was withdrawn.
C No, because an admission is not hearsay.
D No, because it described the trucker's state of mind. B Yes, because the plea was
withdrawn.
One of the employees of a department store informed the chief of security that he suspected a
customer of shoplifting. The employee pointed out the suspected shoplifter, but the security
chief thought that the employee was pointing at a different woman. He waited until the woman
had left the store and then followed her outside. He went up to the woman, pointed a gun at
her, and told her she needed to return with him to the department store's security office. The
woman did so, even though she insisted that she had not done anything wrong. The woman
was kept waiting in the office for a few minutes until the employee informed the security chief
that he had arrested the wrong woman.
,If the woman sues the department store on the theory of false imprisonment, will she prevail?
A Yes, unless the security chief's belief that she was the shoplifter is judged to be reasonable.
B Yes, because she was intentionally detained B Yes, because she was intentionally
detained.
A local physician who was prominent in the community and beloved by her patients died
suddenly of a heart attack. A reporter with the local newspaper was assigned to write an
obituary before the next day's edition went to press. The reporter talked briefly with the
physician's widower, and then called the state medical school, from which the physician had
always said she had graduated. As it was late in the afternoon, the reporter did not speak with
any administrators but with a secretary in the office of the dean. When asked about the
physician, the secretary replied that she did not think the physician ever graduated.
The local newspaper printed this information in the next day's edition. On reading the obituary,
the physician's widower became very angry, as the physician had, in fact, graduated with high
honors. He demanded a retraction from the newspaper. The next day, on the front page, the
newspaper admitted i D The physician is dead.
A customer slipped and fell in a store and was severly injured. As required by state regulation,
the store's manager conducted an investigation into the cause of the accident and filed the
report with the appropriate state agency. The customer subsequently retained an attorney,
who filed a civil action against the store in federal district court. The complaint alleged that the
store negligently left a spill on the floor of the store, which caused the customer's fall. The
customer's attorney served on the store a request for production of documents, which included
a request for all documents and reports prepared by the store that relate to the customer's fall
and injury.
,If the store believes that the report prepared by the store manager is protected from discovery
under the work product doctrine and the store wants to withhold disclosure of the report, what
should the store do?
A Produce all the documents that re C Describe the nature of the report so that the
customer and her lawyer can assess the validity of the store's claim that the report is protected
from discovery.
After months of bilateral talks, the President entered into a treaty with a foreign nation
previously designated by the President as a terrorist state. Under the treaty, the foreign nation
agreed to curtail its nuclear testing program and the United States agreed to lift trading
sanctions against the foreign country. The treaty was approved by a vote of more than two-
thirds of the Senate. Subsequently, it was revealed that the government of the foreign nation
had been sponsoring the copying and black market trade of products patented in the United
States and protected by international law. Outraged, Congress approved a bill purporting to
repeal the treaty. When the bill was presented to the President, he vetoed it, citing national
security interests. Both houses of Congress then repassed the bill by a more than two-thirds
vote.
As a result of the foregoing, which of the following statements is correct?
A The trea D The treaty was effectively repealed, because the repeal was approved over the
President's veto after the treaty was made.
The treaty was effectively repealed because the bill was passed over the President's veto. Valid
treaties are on a "supremacy parity" with acts of Congress, meaning that they are both
considered to be the "supreme law of the land." If a conflict exists between them, it is resolved
by order of adoption—the last in time prevails. Here, the bill to repeal the treaty was approved
by Congress over the President's veto by a more than two-thirds vote. Thus, the President's
veto was overridden, and because the bill was passed after the treaty, the bill prevails. (A) is
, incorrect because, as stated above, acts of Congress and treaties are on a supremacy parity—
the fact that a treaty is approved by both the President and the Senate does not make it
supreme over conflicting legislation that is validly enacted at a later point. (B) is incorrect
because of the parity rule discussed above. It is true that the President's power over foreign
affairs is paramount, and the President might be able to enter into an executive agreement to
get around the repeal of the treaty, but such a possibility does not change the status of the
treaty in question. (C) is incorrect because, although it states the correct result, its rationale is
too broad. Acts of Congress are on parity with treaties; they do not automatically invalidate all
treaties (e.g., treaties that are entered into after the act of Congress is approved).
A cyclist was injured when a driver ran a red light. The cyclist subsequently sued the driver to
recover for her injuries, and obtained a money judgment of $50,000. The state where the cyclist
and the driver reside has the following statute: "Any judgment properly filed shall, for 10 years
from filing, be a lien on the real property then owned or subsequently acquired by any person
against whom the judgment is rendered."
The cyclist filed the judgment in the county where the driver owned a valuable ranch.
Sometime later, the driver, who was also injured in the accident, undertook to remodel all the
buildings on the ranch to make them wheelchair-accessible. The driver borrowed $30,000 from
a bank for the improvements, securing the loan with a mortgage on the ranch. The bank
properly recorded its mortgage. Before he paid any principal on the bank's loan, the driver
decided to build a new barn. He borrowed $20,000 from C The bank is entitled to $30,000,
the financing company is entitled to $20,000, and the driver is entitled to the remaining
$40,000.
The bank is entitled to $30,000 of the foreclosure proceeds, the financing company is entitled
to $20,000 of the proceeds, and the driver is entitled to the $40,000 balance. When an interest
is foreclosed, after the expenses and fees are paid, the proceeds of the sale are first used to pay
the principal and accrued interest on the loan that was foreclosed, next to pay off any junior
liens, and finally any remaining proceeds are distributed to the mortgagor. Here, there are
enough proceeds to satisfy the bank's (the foreclosing party's) $30,000 mortgage and the
financing company's (the junior lienor's) $20,000 mortgage. The remaining balance ($40,000) is
distributed to the driver (the mortgagor). (A) and (B) are wrong because the cyclist's interest, an
interest senior to the bank's, is not affected by the foreclosure. Although foreclosure destroys
all interests junior to the mortgage being foreclosed, it does not affect any senior interests. The
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A truck driver collided with a motorcyclist in a busy intersection. A police officer present at the
scene cited the trucker for running a red light. At the preliminary hearing, the trucker initially
pleaded guilty, but he withdrew his plea when the judge told him what she had in mind for a
sentence. The judge let the trucker change his plea to not guilty. The trucker, however, had no
success at his trial and was convicted. The motorcyclist is now suing the trucker in a civil action
for the injuries he sustained in the accident.
If the motorcyclist tries to introduce evidence of the trucker's original guilty plea, on proper
motion, should this evidence be excluded?
A Yes, because it is hearsay not within any exception.
B Yes, because the plea was withdrawn.
C No, because an admission is not hearsay.
D No, because it described the trucker's state of mind. B Yes, because the plea was
withdrawn.
One of the employees of a department store informed the chief of security that he suspected a
customer of shoplifting. The employee pointed out the suspected shoplifter, but the security
chief thought that the employee was pointing at a different woman. He waited until the woman
had left the store and then followed her outside. He went up to the woman, pointed a gun at
her, and told her she needed to return with him to the department store's security office. The
woman did so, even though she insisted that she had not done anything wrong. The woman
was kept waiting in the office for a few minutes until the employee informed the security chief
that he had arrested the wrong woman.
,If the woman sues the department store on the theory of false imprisonment, will she prevail?
A Yes, unless the security chief's belief that she was the shoplifter is judged to be reasonable.
B Yes, because she was intentionally detained B Yes, because she was intentionally
detained.
A local physician who was prominent in the community and beloved by her patients died
suddenly of a heart attack. A reporter with the local newspaper was assigned to write an
obituary before the next day's edition went to press. The reporter talked briefly with the
physician's widower, and then called the state medical school, from which the physician had
always said she had graduated. As it was late in the afternoon, the reporter did not speak with
any administrators but with a secretary in the office of the dean. When asked about the
physician, the secretary replied that she did not think the physician ever graduated.
The local newspaper printed this information in the next day's edition. On reading the obituary,
the physician's widower became very angry, as the physician had, in fact, graduated with high
honors. He demanded a retraction from the newspaper. The next day, on the front page, the
newspaper admitted i D The physician is dead.
A customer slipped and fell in a store and was severly injured. As required by state regulation,
the store's manager conducted an investigation into the cause of the accident and filed the
report with the appropriate state agency. The customer subsequently retained an attorney,
who filed a civil action against the store in federal district court. The complaint alleged that the
store negligently left a spill on the floor of the store, which caused the customer's fall. The
customer's attorney served on the store a request for production of documents, which included
a request for all documents and reports prepared by the store that relate to the customer's fall
and injury.
,If the store believes that the report prepared by the store manager is protected from discovery
under the work product doctrine and the store wants to withhold disclosure of the report, what
should the store do?
A Produce all the documents that re C Describe the nature of the report so that the
customer and her lawyer can assess the validity of the store's claim that the report is protected
from discovery.
After months of bilateral talks, the President entered into a treaty with a foreign nation
previously designated by the President as a terrorist state. Under the treaty, the foreign nation
agreed to curtail its nuclear testing program and the United States agreed to lift trading
sanctions against the foreign country. The treaty was approved by a vote of more than two-
thirds of the Senate. Subsequently, it was revealed that the government of the foreign nation
had been sponsoring the copying and black market trade of products patented in the United
States and protected by international law. Outraged, Congress approved a bill purporting to
repeal the treaty. When the bill was presented to the President, he vetoed it, citing national
security interests. Both houses of Congress then repassed the bill by a more than two-thirds
vote.
As a result of the foregoing, which of the following statements is correct?
A The trea D The treaty was effectively repealed, because the repeal was approved over the
President's veto after the treaty was made.
The treaty was effectively repealed because the bill was passed over the President's veto. Valid
treaties are on a "supremacy parity" with acts of Congress, meaning that they are both
considered to be the "supreme law of the land." If a conflict exists between them, it is resolved
by order of adoption—the last in time prevails. Here, the bill to repeal the treaty was approved
by Congress over the President's veto by a more than two-thirds vote. Thus, the President's
veto was overridden, and because the bill was passed after the treaty, the bill prevails. (A) is
, incorrect because, as stated above, acts of Congress and treaties are on a supremacy parity—
the fact that a treaty is approved by both the President and the Senate does not make it
supreme over conflicting legislation that is validly enacted at a later point. (B) is incorrect
because of the parity rule discussed above. It is true that the President's power over foreign
affairs is paramount, and the President might be able to enter into an executive agreement to
get around the repeal of the treaty, but such a possibility does not change the status of the
treaty in question. (C) is incorrect because, although it states the correct result, its rationale is
too broad. Acts of Congress are on parity with treaties; they do not automatically invalidate all
treaties (e.g., treaties that are entered into after the act of Congress is approved).
A cyclist was injured when a driver ran a red light. The cyclist subsequently sued the driver to
recover for her injuries, and obtained a money judgment of $50,000. The state where the cyclist
and the driver reside has the following statute: "Any judgment properly filed shall, for 10 years
from filing, be a lien on the real property then owned or subsequently acquired by any person
against whom the judgment is rendered."
The cyclist filed the judgment in the county where the driver owned a valuable ranch.
Sometime later, the driver, who was also injured in the accident, undertook to remodel all the
buildings on the ranch to make them wheelchair-accessible. The driver borrowed $30,000 from
a bank for the improvements, securing the loan with a mortgage on the ranch. The bank
properly recorded its mortgage. Before he paid any principal on the bank's loan, the driver
decided to build a new barn. He borrowed $20,000 from C The bank is entitled to $30,000,
the financing company is entitled to $20,000, and the driver is entitled to the remaining
$40,000.
The bank is entitled to $30,000 of the foreclosure proceeds, the financing company is entitled
to $20,000 of the proceeds, and the driver is entitled to the $40,000 balance. When an interest
is foreclosed, after the expenses and fees are paid, the proceeds of the sale are first used to pay
the principal and accrued interest on the loan that was foreclosed, next to pay off any junior
liens, and finally any remaining proceeds are distributed to the mortgagor. Here, there are
enough proceeds to satisfy the bank's (the foreclosing party's) $30,000 mortgage and the
financing company's (the junior lienor's) $20,000 mortgage. The remaining balance ($40,000) is
distributed to the driver (the mortgagor). (A) and (B) are wrong because the cyclist's interest, an
interest senior to the bank's, is not affected by the foreclosure. Although foreclosure destroys
all interests junior to the mortgage being foreclosed, it does not affect any senior interests. The
