Illustration: Complex Fact Pattern

Homer and Purcell entered into a valid, enforceable written contract by which Homer agreed to sell and Purcell agreed to purchase Blackacre, which was Homer's residence. One of the contract provisions was that after the closing Homer had the right to remain in residence at Blackacre for up to 30 days before delivering possession to Purcell. The closing took place as scheduled. Title passed to Purcell and Homer remained in possession. Within a few days after the closing, the new house next door which was being constructed for Homer was burned to the ground, and at the end of the 30-day period Homer refused to move out of Blackacre; instead, Homer tendered to Purcell a monthly rental payment in excess of the fair rental value of Blackacre. Purcell rejected the proposal and that day brought an appropriate action to gain immediate possession of Blackacre. The contract was silent as to the consequences of Homer's failure to give up possession within the 30-day period, and the jurisdiction in which Blackacre is located has no statute dealing directly with this situation, although the landlord-tenant law of the jurisdiction requires a landlord to give a tenant 30 days notice before a tenant may be evicted. Purcell did not give Homer any such 30-day statutory notice. Purcell's best legal argument in support of his action to gain immediate possession is that Homer is a:

(A) trespasser ab initio
(B) licensee
(C) tenant at sufferance
(D) tenant from month to month

Illustration: Two Tier Options
On March 1, Zeller orally agreed to sell his land, Homestead, to Byer for $46,000 to be paid on March 31. Byer orally agreed to pay $25,000 of the purchase price to Quincy in satisfaction of a debt which Zeller said he had promised to pay Quincy.

On March 10, Byer dictated the agreement to his secretary but omitted all reference to the payment of the $25,000 to Quincy. In typing the agreement, the secretary mistakenly typed in $45,000 rather than $46,000 as the purchase price. Neither Byer nor Zeller carefully read the writing before signing it on March 15. Neither noticed the error in price and neither raised any question concerning omission of the payment to Quincy.

35. In an action by Quincy against Byer for $25,000, which of the following is (are) correct?

I. Byer could successfully raise the Statute of Frauds as a defense because the Byer-Zeller agreement was to answer for the debt of another.
II. Byer could successfully raise the Statute of Frauds as a defense because the Byer-Zeller agreement was for the sale of an interest in land.

(A) I only
(B) II only
(C) Both I and II
(D) Neither I nor II

Illustration: Overlapping Options

Defendant was tried for robbery. Victim and Worth were the only witnesses called to testify. Victim testified that Defendant threatened her with a knife, grabbed her purse, and ran off with it. Worth testified that he saw Defendant grab Victim's purse and run way with it but that he neither saw a knife nor heard any threats. On this evidence the jury could properly return a verdict of guilty of:

(A) robbery only
(B) larceny only
(C) either robbery or larceny
(D) both robbery and larceny

Illustration: Complex Two Tier Options

In a lawsuit by Norma against Harriet to recover $750 as a brokerage fee, which of the following arguments would effectively support Harriet's position?

I. Harriet made no promise to pay such a fee.
II. Even if it be assumed arguendo that Harriet made a promise to pay such a fee, there was no bargained-for consideration for the promise.
III. There was no effective offer and acceptance between Norma and harriet.

(A) I and II only
(B) I and III only
(C) II and III only
(D) I, II, and III

Illustration: Question Series

Questions 53-55 are based on the following fact situation.

Harry met Bill, who was known to him to be a burglar, in a bar. Harry told Bill that he needed money. He promised to pay Bill $500 if Bill would go to Harry's house the following night and take some silverware. Harry explained to Bill that, although the silverware was legally his, his wife would object to his selling it.

Harry pointed out his home, one of a group of similar tract houses. He drew a floor plan of the house that showed the location of the silverware. Harry said that his wife usually took several sleeping pills before retiring, and that he would make sure that she took them the next night. He promised to leave a window unlocked.

Everything went according to the plan except that Bill, deceived by the similarity of the tract houses, went to the wrong house. He found a window unlocked, climbed in and found silver where Harry had indicated. He took the silver to the cocktail lounge where the payoff was to take place. At that point the police arrested the two men.

53. If Harry were charged with burglary, his best argument for acquittal would be that:

(A) there was no breaking
(B) he consented to the entry
(C) no overt act was committed by him
(D) there was no intent to commit a felony

54. Bill's best argument for acquittal of burglary is that he:

(A) acted under a mistake of law
(B) had the consent of the owner
(C) reasonably thought he was in Harry's house
(D) found the window unlocked

Illustration: Common Option Series

Question 31 and 32 each describe an offense. Select from the choices (A-D) the most serious offense of which the defendant could be properly convicted.

(A) involuntary manslaughter
(B) voluntary manslaughter
(C) murder
(D) none of the above

31. Defendant, an avid fan of his home town football team, shot at the leg of a star player for a rival team, intending to injure his leg enough to hospitalize for a few weeks, but not to kill him. The victim died of loss of blood.

32. Defendant, a worker in a metal working shop, had long been teasing Vincent, a young colleague, by calling him insulting names and ridiculing him. One day Vincent responded to the teasing by picking up a metal bar and attacking Defendant. Defendant could have escaped from the shop. He parried the blow with his left arm, and with his right hand struck Vincent a blow on his jaw from which the young man died.