Questions 71-72 are based on the following fact situation: Randall was trimming his sidewalk-bordering high hedge, wearing garden gloves, when a wasp took offense to his presence and began various dive-bombing attacks. Randall, allergic to wasp toxin, frantically attempted to bat or smash the wasp with his gloved hands. During one of his grabs, Randall struck Bill, a jogger running past on his morning exercise jaunt, in the face. Bill, reacting to the unexpected blow to his head, pulled out a knife and stabbed Randall, seriously injuring him.

　　71.If Bill is prosecuted for aggravated battery, he will probably be found (C)

　　A.Not guilty, because he believed Randall was attacking him.

　　B.Not guilty, because his acts constituted an assault, not a battery.

　　C.Guilty, because he used a deadly weapon.

　　D.Guilty, because he actually injured Randall.

　　72.If Randall is prosecuted for criminal battery, he will probably be found (B)

　　A.Not guilty, because his act did not cause serious bodily injury.

　　B.Not guilty, because he did not have the mental state required for criminal battery.

　　C.Guilty, because he failed to exercise due care in flailing his arms about near a public sidewalk.

　　D.Guilty, because he caused an offensive touching.

　　73.In which of the following circumstances is the defendant most likely to be convicted of common law murder? (C)

　　A.While at a bar, a patron throws a drink in the defendants face, and the defendant, in a rage, stabs and kills the patron.

　　B.Defendant is hunting deer and shoots and kills another hunter.

　　C.Defendant drives his car up onto and along a crowded city sidewalk, killing a pedestrian.

　　D.During an argument, Defendant shoves his opponent, who stumbles backward several feet and falls through a large retail display window. Glass shards penetrate the opponent's heart, killing him.

　　74.Officer Taylor saw Elmer grab a coat off the rack of a store and run. As Taylor gave chase, Elmer ducked into an alley. When Taylor came to the alley, she saw movement behind some boxes. She yelled for Elmer to come out or she would shoot. When Elmer did not, Taylor shot at the boxes. Polly, a bag lady, had been asleep behind them, and she was killed. Taylor is charged with homicide. (D)

　　A jury should find Taylor A.Not guilty of homicide, because she was attempting to catch Elmer, who was fleeing from a crime, and Taylor had the right to use deadly force.

　　B.Not guilty of homicide, because she saw Elmer commit a misdemeanor, and therefore she had the right to use deadly force if necessary to arrest him.

　　C.Guilty of homicide, unless she had reason to believe that Elmer was a felon.

　　D.Guilty of homicide, because she was not entitled to use deadly force.

　　Questions 75-76 are based on the following fact situation: Bob and his employer, Don, had a dispute over how much money Bob was due for work done at the garage. Don alleged that he had paid Bob $300 that month for work on cars that Bob did not do, and Bob contended that he had done the work. At the conclusion, Bob said he was going to quit, and Don said it was fine with him but he was going to keep Bob's tools until Bob repaid him the money he had been overpaid. Bob, still very angry, went down the street to a bar where he saw a friend of his, Greg, a small-time thief. They had a few drinks together, and Bob told Greg what happened. Greg suggested to Bob that he could go to the garage and get an estimate how much it would cost to replace the transmission in his car. Then, while Don, was writing the estimate, Greg would take Bob's tool box and put it in the trunk of his car. Bob thought this was a great idea and described the location of his tool box and gave its description to Greg.

　　Greg went to the garage as planned, and when Don went into the office to write up an estimate, Greg grabbed what he believed to be Bob's tool kit and put it into his car, But Don had locked Bob's tool kit in the storage room, and another mechanic who worked in the garage had taken over Bob's station, so the kit taken by Greg was the other mechanic's. After Greg left, Don realized that Greg must have stolen the tool kit. He took the license number he had on the work sheet and gave it to the police. Several minutes later, the police stopped Greg's car outside the bar, and, as Bob and Greg came out to go to the car, arrested them both.

　　75.If Greg and Bob are charged with conspiracy to steal, of the following, their best defense is (D)

　　A.There was no agreement.

　　B.Bob disputed Don's claim.

　　C.They would have returned the tool box they took by accident.

　　D.They had not intended to commit a crime.

　　76.Of the following, which is the best argument for Greg as a defense to a charge of larceny? (B)

　　A.He had the consent of the owner to take the tool box.

　　B.He thought the tool box belonged to Bob.

　　C.He was not intending to keep the tool box, but to give it to Bob.

　　D.He was apprehended by the police before Bob could inspect the tool box.

　　Questions 77-79 are based on the following fact situation: Rob and his parents sued Gary for $75,000 for injuries they claim were caused when Gary's car hit Rob one night when Rob was out delivering papers. Rob was knocked unconscious in the accident, and Gary claims it was not his car that hit Rob. Except for damages, the main issue in the suit is whether it was Gary's car that hit Rob.

　　77.Rob's attorney asked Gary, "Is it true you spent $ 500 to put speed equipment on your car?" the court should rule this question (B)

　　A.Objectionable, because it is leading.

　　B.Objectionable, because it is irrelevant.

　　C.Unobjectionable, because it shows Gary is irresponsible.

　　D.Unobjectionable, because Gary can testify as to what he spent even though a receipt may exist.

　　78.Gary's own attorney asked him, "Could Rob have mistaken your car for another?" this question is (B)

　　A.Objectionable, because the answer would be hearsay.

　　B.Objectionable, because the answer would be an opinion.

　　C.Unobjectionable, because the answer would be relevant to the issue of whose car hit Rob.

　　D.Unobjectionable, if a proper foundation has been laid.

　　79.Gary seeks to testify that he always takes a specific road when he goes home from work at night, and that road was different from the one on which Rob was hit. The judge should find the offer to testify (C)

　　A.Objectionable as calling for a self-serving declaration.

　　B.Objectionable, because it is not relevant.

　　C.Unobjectionable, as calling for evidence of habit

　　D.Unobjectionable, if it is offered as impeachment evidence.

　　Questions 80-81 are based on the following fact situation: Ron's father, Ed, died without a will. Ron was his only heir. During the probate of Ed's estate, Leslie, Ed's former nurse, made a claim for the family residence and offered a deed to show that the house had been transferred to her two months before Ed’s death. Ron disputed Leslie's claim and alleged that his father’s signature on the deed was forged. Assume a jury trial.

　　80.Leslie testified at trial that she and Ed had entered into a written agreement when she first become employed by him which stated that if she accepted a lower monthly salary and worked with him for the rest of his life, he would leave the house to her in his will. Ron objects to this evidence, and the best reason for the judge to rule the evidence inadmissible is that (D)

　　A.It is hearsay.

　　B.The contract is not a proper will.

　　C.The agreement violates the Statute of Frauds.

　　D.The evidence violates the best evidence rule.