The driver of a tanker truck was transporting radioactive waste from a nuclear power plant to a permanent storage facility in a remote western region of the United States. After driving all night, the driver fell asleep at the wheel and the truck crossed over the center line, off the road, and onto a homeowner’s property, coming to rest after crashing into several glass cases containing the homeowner’s collection of poisonous snakes, the keeping of which was permitted by local ordinance. When the driver exited the truck, he was bitten on the leg by one of the poisonous snakes and became seriously ill.  The driver brought an action against the homeowner for his injuries. The parties stipulated to the above facts, and that the driver violated a state statute by driving off of the road. Both parties moved for judgment as a matter of law on the liability issue. How should the court rule?

Suspecting that a husband had slain his wife, police detectives persuaded one of the husband’s colleagues at work to remove a drinking glass from the husband’s office so that it could be used for fingerprint comparisons with a knife found near the body. The fingerprints matched. The prosecutor announced that he would present comparisons and evidence to the grand jury. The husband’s lawyer immediately filed a motion to suppress the evidence of the fingerprint comparisons so as to bar its consideration by the grand jury, contending that the evidence was illegally acquired.  Should the motion be granted?

A blacksmith ran a small forge in a tourist attraction depicting village life in the 1800s, and produced small metal trinkets for sale as souvenirs. A tourist came into the forge and started ridiculing the blacksmith, telling him that he was foolish for practicing such an out-of-date trade when modern equipment could produce the same trinkets faster and far more cheaply. Although he maintained a calm demeanor, the blacksmith was enraged by the time the customer finished and headed back out the door. He picked up an anvil and hurled it in the general direction of the customer. The anvil fell harmlessly to the ground after traveling maybe a foot.  If the blacksmith is charged with assault, which of the following statements would be most helpful for his defense?

A recent law school graduate was offered a job as an aide by a state legislator. The legislator told the graduate that before she could begin working, she had to take the following loyalty oath: “I swear to uphold our state and federal Constitutions; to show respect for the state and federal flags; and to oppose the overthrow of the government by violent, illegal, or unconstitutional means.” The graduate told the legislator that the oath is unconstitutional and refused to take the oath.  Is the graduate correct?

A daughter brought suit against an insurer for failure to pay benefits on a policy held by her famous father, who had been missing for years. The insurer had refused to pay because there had been no determination that the father was deceased. At trial, the daughter testifies that she has not heard from her father since prior to New Year’s Day seven years ago. On that date, a chartered boat left Florida and has never returned. The ship was last seen near midday on that day sailing into an area known as the “graveyard of ships.” No trace of the boat has ever been found. The daughter establishes that the charter operator filed a passenger list with the coast guard, and that one of the names on the list is “Madd Hatter.” The daughter wishes to testify that on the day before the disappearance, her father told her that he planned to propose a television pilot for a comedy starring himself as “Madd Hatter.”  If the insurer’s attorney objects, is the testimony as to the father’s alleged statement admissible?

Congress passed legislation banning the hunting of snipe birds within the United States. The range of the snipe is quite limited; they are found primarily in only one state, although they migrate annually to several nearby states. Hunters from throughout the United States have traditionally traveled to the snipe’s home state during snipe hunting season, bringing considerable revenue into the state. A state statute allows hunting of snipe during a two-week period in November and charges a $50 license fee for state residents and a $250 fee for hunters from other states. The bag limit is one snipe bird per licensed hunter.  Is the state statute allowing snipe hunting valid?

A pedestrian was injured in an auto accident caused by a driver. The pedestrian’s injuries included a broken nose and a broken toe. Not sure of the strength of her case, she sued the driver only for the injuries to her nose. She was awarded $15,000 in damages. Encouraged by this success, she now wishes to sue the driver for the injuries to her toe.  May she sue the driver again?

A citizen of State A asserted a state law claim of $80,000 against a citizen of State B in the federal district court. The State B citizen then brought a third-party impleader claim against another citizen of State B. After learning of the third-party action, the State A citizen decided to bring his own related state law claim against that person for $90,000, and amends his original complaint accordingly within the period for amending a claim as a matter of right.  Does the court have subject matter jurisdiction over the claim in the amended complaint?

Two men were arrested while riding in a stolen automobile. They were taken to the police station, booked, and fingerprinted. They were then taken to an interrogation room. After the detective gave them their Miranda warnings, one of the men said, “Forget it. As soon as you check for outstanding warrants, you’ll find out that I escaped from prison. Since I am going back anyway, it’s a farce to deny that we stole that car.” The other man said nothing, and the first man proceeded to write and sign a full confession.  The man who remained silent pled not guilty to the charge of grand theft auto. At his trial the prosecutor seeks to introduce evidence to show that he did not deny that he stole the automobile when the other man told the police in front of him that he was a party to the theft. Should the court hold that this evidence is proper?

Congress adopted legislation prohibiting the federal courts from ordering busing as a remedy for past racial discrimination in a public school district. Which of the following is the strongest argument that the federal legislation is unconstitutional?