A large delivery truck collided with a car. At the time of the accident, the driver of the truck said to the car driver, “The accident was my fault; I wasn’t paying any attention. Don’t worry, my company will make it right.” The delivery company had not authorized the truck driver to make that statement. The subsequent investigation of the accident by the delivery company revealed that the truck driver had been drinking on the day of the accident. He was fired. The car driver brings an appropriate action against the delivery company for damages resulting from the accident. The truck driver has disappeared. The car driver now seeks to testify as to what the truck driver said at the time of the accident.  Is the evidence admissible?

A woman’s boyfriend came to her apartment with a mink coat in his arms and handed it to the woman. After the boyfriend told her that the coat was now hers, the woman asked him where he got the coat. The boyfriend answered, “From the Easter Bunny.” After the boyfriend left, she tried on the coat and admired how good it looked on her in the mirror. The next day, the woman read in the newspaper that the home of a well-known socialite had been burglarized the night before. Among the missing items, according to the paper, was a mink coat. The woman took the coat from the closet and rifled through the pockets. She found a handkerchief with the monogram matching the initials of the well-known socialite. The woman decided to keep the fur coat, thinking to herself that the socialite could probably afford to buy another coat.  Which of the following best describes the crime or crimes, if any, the woman has committed?

An automobile manufacturer entered into a contract with a well-known tire distributor. The contract provided that the distributor would deliver to the automobile manufacturer 1,000 tires on the 15th of each month for $50,000 per shipment, with payment due upon receipt.  The automobile manufacturer and the tire distributor properly fulfilled their contractual obligations for two months. The day after the third tire delivery, the tire distributor’s president visited the automobile manufacturer and found the automobiles produced with his company’s tires to be a “disgrace.” To protect the tire distributor’s reputation, the president announced that he will not send any additional tire shipments. The automobile manufacturer immediately brought a breach of contract action against the tire distributor. Which party is likely to prevail in the breach of contract suit?

While at a party, a wife came up behind a younger woman, grabbed her by her arm, and accused her of having an affair with the wife’s husband. The wife knew that her accusation was not true.  Of the following facts, which would be most helpful to the younger woman in a suit against the wife for intentional infliction of emotional distress?

Which of the following brain waves would you expect to find in an individual experiencing deep sleep?  

A homeowner owned a parcel of land on which she built a single-family residence. To pay for the construction, she obtained financing from a bank in exchange for a mortgage on the land. The bank promptly and properly recorded its mortgage. When the house was completed, except for the absence of an oven in the kitchen, the homeowner leased the house to a tenant for a three-year term. There was no provision in the lease agreement regarding kitchen appliances. The homeowner bought an oven from an appliance company and had it installed in the space provided around the built-in cabinets in the kitchen. To make the purchase, the homeowner signed a security agreement with the appliance company granting it a security interest in the oven in exchange for financing. The appliance company did not file or record its security interest in the oven.  By the end of the lease term, the homeowner was in serious default on her mortgage payments to the bank and to the appliance company. In preparing foreclosure proceedings against the homeowner, the bank learned that the tenant was planning to remove the oven and take it with him when he moved out within the next few weeks. The bank filed an action against the tenant claiming ownership of the oven, and joined the homeowner and the appliance company as parties. Which party has a superior claim to the oven?

Congress enacted a statute that purported to ban all discrimination against African-Americans in any commercial transaction taking place within the United States.  Would the statute most likely be held constitutional?

A high school graduate was asked by his elderly aunt to live with her in her large brownstone and attend to the household activities for the rest of her life, in exchange for the house. The graduate agreed, and moved from his parents’ home to the brownstone. For eight years, he attended to his aunt’s personal needs and maintained the household. No further discussion was ever had between the graduate and his aunt regarding conveyance of the brownstone.  Shortly after his aunt died, the graduate was contacted by the aunt’s estranged daughter, who stated that in the aunt’s last will and testament, she had devised the house to her. She sent proper notice to the graduate informing him that he must vacate the premises by the first of themonth.  If the graduate brings suit against the aunt’s estate for breach of contract, which of the following would be the graduate’s best argument?

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?