A landowner and her neighbor owned adjoining parcels of land. The landowner’s property was situated to the west of the neighbor’s property. A highway ran along the east of the neighbor’s property. Twelve years ago, the landowner asked the neighbor if it would be all right for the landowner to use an eight-foot strip along the northern part of the neighbor’s land to access the highway. The only other way for the landowner to get to the highway was to use a one-lane unpaved road that meandered through the woods for two miles. The neighbor agreed, and the landowner used the strip of land regularly to access the highway. The statutory period for adverse possession in this jurisdiction is 10 years. What is the landowner’s interest in the neighbor’s eight-foot strip of land?

The defendant was on trial for driving while intoxicated and injuring a pedestrian. The pedestrian claimed that the defendant was driving the car; however, the defendant’s spouse testified at trial that she had been driving the car at the time of the accident and had not consumed any alcohol that evening. In response, the prosecution calls a friend of the defendant’s spouse to testify that the spouse told the friend that she and the defendant had changed seats in the car after the incident and that she remained in the driver’s seat until the police arrived.  Is the testimony admissible?

Congress authorized an oil sand refining plant to be built on federal park land within a state. The refinery was built in compliance with federal pollution regulations. However, the plant did not comply with the more restrictive standards the state enacted to better protect state citizens from pollution associated with refineries. Therefore, a state inspector refused to give the plant’s manager a permit to run the refinery. The refinery manager, a federal employee, nevertheless began to run the refinery and was fined by the state.  Which of the following is the manager’s best defense against imposition of the fine?

The state has the following homicide statutes:  Murder is the unlawful killing of a human being with malice aforethought. Such malice may be express or implied. It is express when there is manifested a deliberate intention to unlawfully take away the life of a fellow creature. It is implied when no considerable provocation appears or when the circumstances attending the killing show an abandoned and malignant heart. All murder that is perpetrated by willful, deliberate, or premeditated killing or committed in the perpetration of or attempt to perpetrate arson, rape, robbery, or burglary is murder of the first degree. All other kinds of murders are of the second degree. The defendant and her associate entered a jewelry store to shoplift a diamond bracelet. Just as the defendant put the bracelet into her pocket, a sales clerk saw her and grabbed her by the wrist. The associate grabbed a knife from one of the silver displays and lunged at the sales clerk, but then a store guard shot and killed her. The defendant is charged with the first degree murder of her associate. Which of the following is the defendant’s strongest argument?

A homeowner contracted for construction of a custom-built, elevated deck in his backyard. The deck’s designer supervised the construction, which was carried out by several employees of a local building company. The homeowner was pleased with the appearance of the deck, but the first time he stepped on it, a support on one side of the deck gave way, causing the homeowner to fall and be injured. The homeowner brought an action joining the building company and the deck’s designer as defendants, alleging negligence. In his complaint, he alleged that he does not know which of the defendants is responsible for the damages.  Which of the following doctrines would be most helpful against the designer?

A bookie testified before a grand jury regarding allegedly illegal gambling activities. As a result, the bookie was indicted and a warrant was issued for the bookie’s arrest, along with a search warrant for the bookie’s home. The police went to the bookie’s home, informed him of the charges against him, and placed him in handcuffs. The officers then conducted a search of the bookie’s home and found a desk calendar, which had possibly incriminating information written on it relating to appointments. They seized the desk calendar and one of the officers asked the bookie what he had to say about their find. The bookie made an incriminating statement in response. Before trial, the prosecutor obtained an exemplar of the bookie’s handwriting to compare it with the handwriting on the calendar.  If introduced at trial, which of the following would most clearly violate the bookie’s Fifth Amendment self-incrimination rights?

On December 6, the owner of an electronics store sent a written request to a computer manufacturer asking for the price of a certain laptop computer. The manufacturer sent a written reply with a catalog listing the prices and descriptions of all of his available computers. The letter stated that the terms of sale were cash within 30 days of delivery. On December 14, by return letter, the store owner ordered the computer, enclosing a check for $4,000, the listed price. Immediately on receipt of the order and check, the manufacturer informed the store owner that there had been a pricing mistake in the catalog, which should have quoted the price as $4,300 for that computer. The store owner refused to pay the additional $300, arguing that his order of December 14 in which the $4,000 check was enclosed was a proper acceptance of the manufacturer’s offer.  In a suit for damages, will the manufacturer prevail?

A motorcyclist, a taxi driver, and a bus driver got into a three-vehicle accident. The motorcyclist sued the other drivers for personal injuries arising from the accident. In turn, and in the same case, the bus driver asserted a claim against the taxi driver for injuries arising out of that accident, and the taxi driver asserted a claim against the motorcyclist.  What are the bus driver’s and the taxi driver’s claims called?

The statutes of a state define the following crimes (with the most serious listed first):  First degree murder—Premeditated or intentional killing. Felony murder—Killing while in the act of committing a common law felony. Second degree murder—Killing with reckless disregard for the safety of others. Manslaughter—Killing with adequate provocation or through criminal negligence. A competitive camp counselor who was determined to have her team win a relay race decided to put a colorless and odorless drug into the other teams’ water bottles. The counselor wanted the other teams to become sick to their stomachs so that they could not run as fast in the race. The counselor knew that people could become very ill, or even die, if they consumed too large a quantity of the drug but she only intended to place a small amount in each water bottle. The day before the race, the counselor went into the nurse’s office and took a bottle of the drug. The next day she woke up early and went to the cafeteria to put small quantities of the drug into the other teams’ water bottles. She unintentionally put a large amount in a few of the water bottles. Several campers became extremely ill and one eventually died. What is the most serious crime for which the counselor may be convicted?

Charlie is a 29 year old Asian male who has been receiving aggressive chemotherapy for the past 2 months for a type of leukemia. He has lost 16 lbs. due to persistent nausea and vomiting despite the judicious use of anti-nausea/vomiting medications during this time. Charlie is admitted to the medical floor due to dehydration. His physician has decided to start parenteral nutrition via his implanted catheter in order to get Charlie through his next 2 rounds of chemotherapy because his prognosis for a cure is excellent. A consult for nutrition support has been ordered. MIV @ 120 mL/hr w/20 mEq Kcl. Current labs: Sodium: 138 (135-145)     Potassium: 4.5 (3.5-5.5)             Chloride: 104 (99-112) Bicarb: 24 (22-29)             Glucose: 96 (65-99)                    BUN: 9 (8-24)                Creatinine: 0.8 (0.6-1.1)   WBC: 5 (4-11)                   Phosphate: 2.6 (2.5-4.5)             Mg: 1.6 (1.5-2.5)           Triglycerides: 195   (