法律英语证书（LEC）全国统一考试样题（部分）（二）

　　13. Kirby Construction Co. in preparing its bid for the construction a new hospital received a quotation of $120，000 from Kat"s Interiors Inc．who offered to do the kitchen work in the new hospital．This bid was $30，000 lower than Kirby"s next lowest bid for the kitchen work．As a result，Kirby lowered his bid by $20，000 before submitting it to the hospital board．After Kirby was awarded the construction bid，and had accepted Kat"s offer， Kat"s president discovered that in his preparation of the quotation he had overlooked some subsidiary kitchen installments required by the plans．

　　Immediately thereafter， Kat"s Interiors brings suit for rescission of the contract．They should

　　（A）succeed，because of the unilateral mistake

　　（B）not succeed，unless Kirby knew or should have known of Kat"s error

　　（C）succeed，because the mistake was an essential element of the bargain

　　（D）not succeed，since the computation mistake was antecedent to acceptance of the bid

　　14. In disputes over whether a partnership exists， which of the following is NOT considered to be an essential element?

　　（A） An equal right in the management of the business.

　　（B） The sharing of profits or losses.

　　（C） The consultation on business strategy.

　　（D） Joint ownership in the business.

　　15. This jurisdiction makes suicide a crime. Jilly， a day trader， is despondent over a failed marriage and catastrophic financial losses during the recent 2，000 point drop in the Nasdaq stock exchange. Jilly went up to the roof of her fourth story apartment building and decided to jump off. She landed on top of two pedestrians， Alex and Jean Pietro， who cushioned her fall and saved her life. Unfortunately， Alex and Jean Pietro were seriously injured when Jilly crashed on top of them.

　　Jilly is guilty of

　　（A） battery

　　（B） attempted murder

　　（C） attempted manslaughter

　　（D） reckless endangerment

　　16. The Commonwealth of Delmarva has passed a law that provides that only residents of Delmarva who are citizens of the United States can own agricultural land in the state. Delp， a citizen of the United States who resides in the neighboring state of Agoura， has contracted with Barerra to purchase the latter"s farm which is located in Delmarva. Barrera， who is a resident of Delmarva， has been informed by his attorney that his sales agreement with Delp is null and void under state law.

　　Which of the following is the best constitutional argument to contest the validity of the Delmarva statute?

　　（A） The Contract Clause prohibition against a state from enacting any law that will impair the obligation of contracts.

　　（B） The Privileges and Immunities Clause of the Fourteenth Amendment.

　　（C） The Privileges and Immunities Clause under Article IV， Section 2.

　　（D） The national property power provision under Article IV， Section 3.

　　17. Alice is sitting on her front porch watching her husband Bruce，who is mowing the lawn．Carl，who hates Bruce but is a friend of Alice"s，whose presence is known to him，draws a pistol and threatens to kill Bruce．Alice，who is pregnant，Suffers severe emotional distress as a result of the trauma and soon afterwards has a miscarriage．

　　In an action by Alice against Carl for mental anguish resulting in her miscarriage，Alice will

　　（A）lose，because Carl did not know that Alice was pregnant

　　（B）win，because it is highly probable that Carl"s extreme and outrageous conduct would cause emotional distress to Alice

　　（C）lose，because Carl"s actions were directed against Bruce，so only Bruce may recover for emotional distress

　　（D）win，because she is Bruce"s wife

　　18. Clyde Cooch， a prominent judge， lived next door to Lester Biggs．Recently Judge Cooch had sentenced Lester Biggs" son， Dopey， to six months in prison on a narcotics charge．One afternoon while judge Cooch was mowing his lawn，Lester decided to avenge his son"s conviction．Lester set up his water sprinkler behind some shrubbery separating their adjoining properties．As the judge was mowing his lawn and came within reach of the water sprinkler， Lester turned on the sprinkling device，and doused the judge with water．

　　Judge Cooch would be able to recover against Lester for which of the following tort（s）：

　　（A） negligence

　　（B） battery

　　（C） assault and battery

　　（D） battery and trespass

　　19. Cassie and her four-year-old son，Noah，were Christmas shopping at F.A.O. Schwartz Toy Store in midtown Manhattan．F.A.O. Schwartz，which operates one of New York"s largest retail toy stores，sells a complete array of toys，games，dolls，hobbies and crafts．The iterns were displayed on a variety of tables and shelves which were easily accessible to the customers．While Cassie was walking down one of the aisles，her attention became focused on a “Howdy Doody” doll that was prominently exhibited on an overhead display shelf．When Cassie approached the doll display， she reached up to grab the “Howdy Doody” doll．As she did so， Cassie failed to see a “Buffalo Bob” doll lying on the floor．She tripped over the doll and fell down， fracturing her hip．

　　If Cassie asserts a claim against F.A.O. Schwartz for her injuries，will the doctrine of res ipsa loquitur be applicable on the issue of the toy store"s liability?