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A farmer orally agreed to lease a tractor from a company for $500. However, when the company’s secretary put the agreement into writing she accidentally typed in a charge of $300. Both the company and the farmer signed the contract without noticing the mistake in the price. When it came time for payment, the farmer refused to pay more than $300 for the rental of the tractor.  If the company brings an action for the difference between the payment as orally agreed and as memorialized in the contract, which of the following, if proven, would most benefit the company?

A civilian contract employee working for the United States Army was suspected of copying classified army documents onto a flash drive and selling the files to foreign governments. After a short investigation, the employee was arrested by military police. The employee was brought before a court martial, convicted of espionage, and sentenced by the court to 20 years’ hard labor. The employee appeals his conviction and sentence on constitutional grounds.  How should the court rule?

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?

List the 3 major components of the Diencephelon

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

A state’s civil procedure rules allow for “nail and mail” service (posting the summons at the defendant’s dwelling and thereafter mailing him a copy by certified mail) when “regular” service (service by physical delivery or by leaving a copy of the complaint with someone of suitable age and discretion at the defendant’s usual place of abode) cannot be accomplished with due diligence. A plaintiff brought suit against a defendant in the federal district court for that state. After the plaintiff’s special process server made many attempts at serving the defendant, the plaintiff’s attorney directed the process server to nail the complaint and summons to the defendant’s front door, and the attorney mailed (by certified mail) a copy to the defendant in accordance with the state rule.  Has the defendant been properly served?

The mayor of a town received several complaints from residents regarding the growing number of adult theaters and nude dancing establishments in a nearby town. To allay fears, the mayor asked the town’s attorney what could be done to prevent or at least limit such establishments from setting up business in their town, which currently follows a zoning plan that provides for residential, commercial, and light industrial uses.  Which of the following most correctly describes the town’s constitutional options?

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 was the subject of a murder investigation. The investigation continued for more than two years, with the woman frequently being called in for questioning. Finally, the woman was indicted for the murder. The woman’s lawyer filed a motion to dismiss all charges against her, arguing that the excessively long investigatory period violated the woman’s constitutional right to a speedy trial.  Despite the pending motion, the woman decided that she wanted to “get it over with,” and she told the judge that she wished to plead guilty. The judge then explained the charges to the woman and asked her if she understood them. She replied, “Yes.” The judge then asked the woman if she understood that she was not required to plead guilty. She responded in the affirmative. Finally, the judge described the maximum sentence and asked the woman if she understood that she could receive the maximum sentence, which was life imprisonment. She again responded, “Yes,” and maintained that she still wished to plead guilty. The judge accepted the woman’s plea and sentenced her to 30 years’ imprisonment in the state penitentiary. Six months later, the woman filed a motion to set aside the guilty plea. Which of the following provides the best argument that the woman has a constitutional basis for relief?

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?