全国USBAR考生自测考试试题（上）
NYBAR考试定档
将在9月9日-9月10日举行秋季考试
今日NYBAR官网发布公告：将在9月9日-9月10日举行秋季考试。考试报名时间为（纽约时间）：2020年5月5日12：00AM-2020年5月30日11:59
PM 。请各位准备参加NYBAR秋季考试的伙伴们，做好相关报名准备，并且随时关注NYBAR官网上的最新信息：https://www.nybarexam.org。受疫情影响，美国部分州延迟了2020年USBAR的考试，考生们是不是突然轻松了不少？可是，考取USBAR可不是个轻松的考试，宏景律师部Tina老师特别挑选了一些自测题目分上/下两期推送，以此供大家学习，查漏补缺，巩固知识。本试题可供新旧备考考生使用，并且附有答案。添加宏小律微信：hjusbar，并回复“USBAR自评卷”可获得参考答案及相关解析。*特别提示：此卷最好一次性做完，才可更好检测自己的学习成果，如果有些疑惑的题目，也转给身边的小伙伴，一起来测试下涉外律考知识吧。注意：本卷模拟真实USBAR考试，中英双语卷，均为选择题。1.Federal
narcotics officers suspected the defendant of growing marijuana in his
green house, which was connected to his house. The narcotics officers
learned from an anonymous informant that the semi-opaque panes of glass
on the greenhouse were being replaced during the night with a newer type
of glass that let in more light without an increase in visibility.
Withouta warrant, the officers flew over the defendant's greenhouse in a
helicopter that night. One of the officers focused on the greenhouse
with a pairof "night vision" thermal imaging binoculars supplied by the
Department of Defense and not available to the general public. He
determined that marijuana was being grown. The officers then went to a
magistrate, swore out a warrant, and arrested the defendant.If the defendant moves to suppress any evidence
gathered by virtue of the flyover, how should the court rule on the motion?(A)Deny it, because the police may conduct
flyovers to gather evidence.(B)Deny it, because the defendant did not live
in the greenhouse.(C)Grant it, because the
"night-vision" binoculars were not available to the general public.(D)Grant it, because the flyover was prompted
by a tip from an anonymous informant.●联邦麻醉药品官员怀疑被告人在与他的房屋相连的他的温室中种植了大麻。麻醉品官员从一位匿名举报人那里获悉，温室中半透明的玻璃板在夜间将被新型玻璃取代，这种玻璃可以在不增加能见度的情况下提供更多的光线。当天晚上，官员们在没有逮捕证的情况下乘坐直升飞机飞过被告的温室。其中一名军官用一副由国防部提供的“夜视”热成像双筒望远镜聚焦在温室上，该望远镜公众无法使用。由此他确定大麻正在种植。警官随后去了地方法院，报告并逮捕了被告。如果被告采取行动以隐瞒由于温室玻璃板而收集的任何证据，法院应如何对该动议作出裁定？（A）拒绝，因为警察可能会进行对温室玻璃板搜集证据。（D）承认，因为温室玻璃板是由匿名告密者的提示提示的。2.One
of the provisions of federal anti-smoking legislation imposes
restrictions on federal economic development grants, which were awarded
to states to promote and assist small businesses in urban areas. The
legislation mandates that grants will be reduced by 10% for any state
that fails to require businesses engaged in the sale of cigarettes to
take steps to avoid sales to minors, including checking drivers'
licenses or photo ID cards. A tobacco-growing state that receives
several million dollars under the federal grant program challenged the
consti tutionality of the provision in federal district court. The
state established that the federal provision affects businesses that do
not operate in interstate commerce.Should the court uphold the federal provision?(A)No, because the federal provision affects
state regulation of businesses that do not operate in interstate commerce.(B) No, because state distribution of economic
development funds is an integral govern ment function.(C) Yes, because Congress may condition grants
of money under its spending power.(D)
Yes, because the provision is substantially related to the important
government interest of restricting minors' access to cigarettes.●联邦反吸烟立法的一项规定对联邦经济发展赠款施加了限制，该赠款授予了州，以促进和协助城市地区的小企业。立法要求，对于任何不要求从事卷烟销售的企业采取措施避免向未成年人销售的州，补助金将减少10％，包括检查驾驶执照或带照片的身份证。在联邦拨款计划下获得数百万美元的烟草种植州在联邦地方法院质疑该条款的构成性。该州确定，联邦规定会影响不在州际贸易中经营的企业。（A）否，因为联邦规定会影响州对非州际贸易中经营的企业的监管。（B）否，因为国家对经济发展资金的分配是政府不可或缺的职能。（D）是，因为该规定与限制未成年人吸烟的重要政府利益有关。3.A
large insurance company instituted a supplemental benefit plan for its
own employees. Under the plan, any employee who had worked for the
company for at least 25 years would be permitted to designate a charity
to receive, on the employee's retirement, a donation in the employee's
name of six months' worth of the employee's salary. The plan gave
participating employees an unqualified right to change the beneficiary
at any time before payment was made. An employee nearing retirement
enrolled in the plan and named his favorite church as the beneficiary of
the donation. The church received a letter from the company informing
it that the employee had named it beneficiary of his plan and indicating
the approximate amount that it would receive upon the employee's
retirement in 10 months. The letter did not inform the church of the
employee's right to change beneficiaries before that time. Church
elders, anticipating the gift, authorized restoration work to the church
building, making plans to pay for the work with the funds from the
employee's benefit program.Six
months later, the employee converted to a different religion and
changed the beneficiary of his plan to his new church. When the employee
retired, the company paid the benefit to his new church. His old
church, which had paid for the restoration work on its completion,
demanded payment of the benefit from the company. When payment was
refused, the church sued the company.Which party is likely to prevail?(A) The church, because the interests
ofjustice require it.(B)
The church, because its rights as third party beneficiary had vested
when it was informed in writing that it was the benefi ciary.(C)The
company, because the agreement between the employee and the company
allowed the employee to change the benefi ciary of the benefit plan.(D)The company, because it had a duty to pay
the employee's new church as the named beneficiary of his plan.●一家大型保险公司为其员工制定了补充福利计划。根据该计划，任何在公司工作至少25年的员工都可以被指定为慈善机构，员工退休时，以员工名义的捐款，款项为员工工资的六个月。该计划赋予参与计划的员工无条件的权利，可以在付款之前随时更改受益人。一名即将退休的雇员参加了该计划，并将他最喜欢的教堂命名为捐赠的受益人。教堂收到了公司的来信，通知该公司该雇员已将其计划命名为受益人，并指出该雇员在退休后10个月内将收到的大约金额。这封信没有在此之前通知教会雇员有权更改受益人。教会长老们，在收到礼物后，授权对教堂的修复工作，并计划用雇员福利计划中的资金来支付这项工作。六个月后，这名雇员改信另一种宗教，并将其计划的受益人改为新教堂。员工退休后，公司将福利支付给了他的新教堂。他的老教堂在恢复工作完成后就付了钱，他要求公司支付收益。当付款被拒绝时，教堂起诉了该公司。（B）教会，因为当它被书面告知它是受益人时，它作为第三方受益人的权利已经归属。（C）公司，因为员工与公司之间的协议允许员工更改福利计划的受益人。（D）公司，因为它有义务向雇员的新教会支付其计划的指定受益人。4.Owen,
the owner of Greenacre, sold it to Alice for $100,000. Alice did not
record the deed, and left the country on an extended trip. Owen, seeing
an opportunity to make a quick profit, partitioned Greenacre and sold
the front half, Frontacre, to Bert in exchange for $50,000. Bert, who
knew nothing about Alice's interest in the property, promptly recorded
his interest. Two months later, Bert sold Frontacre to Carl in exchange
for $55,000. Carl was aware of Alice's interest in Frontacre but
recorded his deed to Frontacre anyway. Meanwhile, Owen executed a
mortgage on the back half of the property, Backacre, to Bank in the
amount of $40,000. Bank knew nothing of Owen's transaction with Alice
but neglected to record its mortgage interest. Six months later, Alice
returned home and recorded her deed to Greenacre.A
statute in the jurisdiction provides: "Any conveyance of an estate in
land, other than a lease for less than one year, shall not be valid
against any subsequent purchaser for value, without notice, unless the
conveyance is recorded."If Alice brings an action to quiet title in Green
acre, how is a court likely to classify her claim?(A)As superior to Owen's rights in
Backacre and Carl's rights in Frontacre, and not sub ject to Bank's mortgage on
Backacre.(B)As superior to Owen's rights in
Backacre, inferior to Carl's rights in Frontacre, and subject to Bank's mortgage on
Backacre.(C)As
superior to Owen's rights in Backacre, inferior to Carl's rights in
Frontacre,and not subject to Bank's mortgage on Backacre.(D)As superior to Owen's rights in
Backacre and Carl's rights in Frontacre, but subject to Bank's mortgage on
Backacre.●Greenacre的所有者Owen将其以100,000美元的价格卖给了Alice。爱丽丝没有记录契约，而是离开了该国进行了一次长途旅行。欧文（Owen）看到了快速获利的机会，将格林纳克（Greenacre）分成几部分，将前半部（Frontacre）卖给了伯特（Bert），以换取5万美元。伯特（Bert）对爱丽丝（Alice）对的房产一无所知，因此立即记录了他的产权。两个月后，伯特以55,000美元的价格将Frontacre卖给了卡尔。卡尔意识到爱丽丝对Frontacre的所属权，但还是将Frontacre登记了。同时，欧文将Greenacre的后半部分Backacre向银行抵押贷出了40,000美元。银行对欧文与爱丽丝的交易一无所知，但忽略了记录其抵押权益。六个月后，爱丽丝回到家，将Greenacre登记在自己名下。该司法管辖区的法规规定：“除租赁期限不足一年外，对土地财产的任何变更，对于随后的任何有价购买者，在没有通知的情况下均无效，除非对该产权进行了记录。””如果爱丽丝（Alice）提起诉讼，要求Greenacre归属自己名下，那么法院如何对她的主张进行分类？（A）优于Owen在Backacre的权利和Carl在Frontacre的权利，并且不以银行对Backacre的抵押为准。（B）优于欧文在Backacre的权利，次于卡尔在Frontacre的权利，并受银行对Backacre的抵押。（C）优于欧文在Backacre中的权利，次于卡尔在Frontacre中的权利，并且不受银行对Backacre的抵押。（D）优于欧文在Backacre中的权利和卡尔在Frontacre中的权利，但要以银行在Backacre上的抵押权为准。5.A
defendant was charged with murdering his boss. After obtaining a valid
search warrant and executing a valid search of the defendant's office,
an officer found a love letter from the defen dant's wife to his boss
describing their sexual relations. The letter stated, "I can no longer
hide my love for you from my husband. I intend to tell him about us and
leave him for you." At trial,the officer seeks to testify about the
contents of the letter as proof of the defendant's motive for killing
his boss.The defense counsel should object on which of the
following grounds?(A)The letter was not authenticated as being
from the defendant's wife.(B)The testimony violates the best evidence
rule.(C)The testimony is hearsay not within any
exception.(D)The probative value of the evidence is
substantially outweighed by the danger of unfair prejudice.●被告被指控谋杀他的老板。在获得有效的搜查令并对被告办公室进行了有效的搜查后，一名军官从被告人的妻子给老板的情书中发现了他们的性关系。信中写道：“我再也无法向丈夫隐瞒我对你的爱。我打算告诉他关于我们的事情，我要离开他和你在一起。”
在庭审中，该军官试图对信件的内容作证，以证明被告杀死其老板的动机。6.A
police officer went to the defendant's house and placed him under
arrest for operating an auto theft ring. As the defendant was being
arrested, he told his wife, "You had better call our lawyer; I don't
want to sign anything unless she's with me." The defendant was given
Miranda warnings on the way to the police station. Meanwhile, the
defendant's lawyer called the station and told the desk sergeant that
she was on her way and to have the defendant call her as soon as he
arrived. The sergeant assured her that the defendant would be held
without questioning for several hours until the district attorney
arrived. When the defendant arrived at the station, the arresting
officer and another officer immediately put the defendant in an
interrogation room and questioned him about a bank robbery that had
taken place two days ago. They did not inform him of the call from his
lawyer, but he agreed to talk as long as he did not have to put anything
in writing or sign anything without her okay. He made incrimi nating
statements about the robbery, and he was eventually indicted for that
crime as well. Prior to trial on the robbery charge, the defendant's
lawyer moved to suppress the arresting officer's testimony about the
defendant's statements.How should the court rule?(A)Deny the motion, because the questioning
was about a different crime from the one for which the defendant was in custody.(B)Deny the motion, because the
defendant's statements were made voluntarily after receiving Miranda warnings.(C)Grant
the motion, because the defendant was not informed that his lawyer was
trying to see him, and his lawyer was misinformed that he would not be
questioned right away.(D)Grant
the motion, because the defendant's refusal to write or sign anything
indicates that he did not knowingly and intelligently waive his right to
the assistance of counsel.●一名警官前往被告的房屋，并以经营汽车盗窃罪将他逮捕。在被告被捕期间，他告诉妻子：“您最好给我们的律师打电话；除非她与我在一起，否则我不想签署任何东西。”在前往警察局的途中，被告被发出米兰达警告。同时，被告的律师给警局打电话，告诉接线员她正在路上，并要求被告一到就告诉她。接线员向她保证，在地区检察官到达之前，被告在数小时内不会被问询。当被告到达警局时，逮捕官和另一名官员立即将被告置于讯问室，并向他询问两天前发生的银行抢劫案。他们没有通知他律师打来的电话，但他同意讲话，只要他不必在她没到的情况下写任何东西或签字就可以。他就抢劫案作出了罪状陈述，最终他也因该罪行被起诉。在对抢劫罪进行审判之前，被告律师申请禁止逮捕官员关于被告陈述的证词。（A）拒绝此项异议，因为审讯是关于与被告所关押的犯罪不同的犯罪。（B）拒绝该异议，因为被告的陈述是在收到Miranda警告后自愿做出的。（C）批准该异议，因为未告知被告他的律师正试图见他，并且他的律师被告知他不会马上受到讯问。（D）批准该异议，因为被告拒绝签署或签署任何东西表明他没有明知和明智地放弃其寻求律师协助的权利。7.A
landowner who had owned and operateda small airport notified the
electric company that he was discontinuing operations and thatit should
shut down the electrical current that had supplied his communications
equipment. The equipment had been surrounded by a fence and signs
warning of high voltage. Becausethe electric company had maintained a
trans former next to the landowner's communications equipment that
contained many valuable and reusable parts, it decided to leave the
power on to prevent theft until it could schedule removal of the
transformer. Three days later, a trespasser who knew that the airport
had closed went onto the property looking for something to steal. He
could find nothing of value except the trans former. He noticed the
signs warning of the high voltage but believed that the power had since
been turned off. He scaled the fence with the intent to dismantle the
transformer. As soon as he touched the transformer, he was seriously
injured by the electric current.If the trespasser asserts a claim against the electric
company to recover damages for his injuries, will he prevail?(A)Yes, because the electric company was not
the owner of the land on which the tres passer trespassed.(B)Yes, because the electric company used
unreasonable force to protect its property.(C)No, because the trespasser was a trespasser
on the landowner's land.(D)No, because the trespasser intended to
steal the electric company's transformer.●拥有并经营一个小机场的地主通知电力公司，他正在停止运营，并且应该关闭为他的通信设备供电的电流。设备被围栏包围，并有高压警告标志。因为电力公司在地主的通讯设备旁边维护了一个变压器，该通讯设备中包含许多有价值且可重复使用的零件，因此决定保持通电以防止盗窃，直到可以安排拆除变压器为止。三天后，一个知道机场已关闭的侵入者进入物业，寻找要偷的东西。除了变压器，他找不到有价值的东西。他注意到高压警告的迹象，但认为此后电源已关闭。他为了拆除变压器而扩大了篱笆的范围。但他一碰到变压器，就被电流重伤。如果侵入者对电力公司提出索赔，要求赔偿其受伤赔偿，他会胜诉吗？（A）是，因为电力公司不是侵入者侵入的土地的所有者。（B）是，因为电力公司使用了不合理的武力保护其财产。8.To
encourage minority business and foster pride in minority heritage, a
state adopted legislation exempting magazines and other periodicals from
the state's receipts tax if 20% of the magazine is devoted to articles
concerning minorities (a commission was set up to sample magazines to
determine on a yearly basis whether they should be exempt). A publisher
produced a sports magazine in the state that occasionally contained
articles about minority athletes, but the commission determined that the
publisher's magazine was not eligible forthe receipts tax exemption.
After paying the tax assessed on her magazine, the publisher sued for a
refund.How will the court most likely rule?(A)Against the publisher, because taxpayers do
not have standing to challenge tax exemp tions .(B)Against the publisher, because the state
has a compelling interest in encouraging minority business.(C)In favor of the publisher, because the tax
violates the Equal Protection Clause.(D)In favor of the publisher, because the tax
violates the First Amendment freedoms of speech and press.●为了鼓励少数族裔企业并提高对少数族裔遗产的自豪感，如果某杂志的20％专门用于有关少数族裔的文章，则可以适用该州通过的一项法律，则免除杂志和其他期刊的州收据税（设立了一个委员会，对杂志进行抽样确定
每年是否应豁免）。某出版商在该州制作了一本体育杂志，偶尔载有有关少数族裔运动员的文章，委员会认定该出版商的杂志不符合免税收据的资格。在支付了她的杂志上评定的税款后，出版商起诉要求退款。（B）反对发行人，因为国家在鼓励少数族裔业务方面具有令人信服的兴趣。（D）赞成发行人，因为该税违反了《第一修正案》的言论和新闻自由。9.A
homeowner who regularly borrowed garden tools from his neighbor went to
the neighbor's house to borrow the neighbor's leaf blower. The neighbor
was not at home, but the leaf blower was in his unlocked garage with
his other garden tools, and so the homeowner took it. Unbeknownst to the
homeowner, the neighbor had drained the oil from the leaf blower's
motor. The homeowner ran the leaf blower for an hour; the motor was
totally destroyed because it had no oil.The
value o f the leaf blower a t the time that the homeowner took it was
$300. An identical new leaf blower costs $500. The cost of repairing the
motor is $150. A new motor will cost $250.If the neighbor sues the homeowner on a theory of
conversion and is successful, what damages can he recover?(A) $300, but the homeowner will keep the leaf
blower.(B) $500, but the homeowner will keep the leaf
blower.●定期从邻居那里借来园艺工具的房主去邻居家借用吹叶机。邻居不在家里，但是吹叶机和其他园林工具一起在他开着的车库中，因此房主把它拿走了。房主不知道，邻居已经从吹叶机的马达中排干了油。房主运行吹叶机一个小时；因为没有油，所以马达被完全毁坏了。吹叶机的价值与房主购买时的价值是300美元。一台相同的新吹叶机售价为500美元。修理电动机的费用为150美元。一台新的电动机将花费250美元。如果邻居根据转换理论起诉房主并且成功，他可以追回哪些损害赔偿？10.A
state statute prohibited the state and any county, municipality, or
other governmental unit within the boundaries of the state from hiring
as a civil engineer any person who is not a citizen. A well-qualified
engineer who is not a United States citizen read that the state's
department of transportation needed a new drafting engineer. The foreign
engineer applied for the position and had the required qualifications.
However, the hiring official turned down the engineer's application,
explaining that he could not hire her because of the state statute. The
engineer filed suit in federal court, claiming that the statute violates
her right to equal protection under the Fourteenth Amendment.If the engineer prevails, what will be the most likely
reason?(A) The engineer proved that the statutory
pro vision is not necessary to achieve a com pelling government interest.(B) The engineer proved that the statutory
provision is not rationally related to a legiti mate government interest.(C) The state has failed to prove that the law
is necessary to achieve a compelling govern ment interest.(D) The state has failed to prove that the law
is substantially related to an important government interest.●国家法规禁止该州及该州范围内的任何县，市或其他政府部门雇用非公民的人作为土木工程师。一位不是美国公民的合格工程师读到，该州的交通部门需要一名新的制图工程师。外国工程师申请了该职位并具有所需的资格。但是，招聘官员拒绝了工程师的申请，并解释说由于州法规的原因他不能雇用她。工程师向联邦法院提起诉讼，声称该法规侵犯了她根据《第十四条修正案》享有平等保护的权利。（A）工程师证明，要获得令人信服的政府利益，法定法规是不必要的。（B）工程师证明，该法定规定与合法政府利益没有合理关系。（C）国家未能证明法律对于实现令人信服的政府利益是必要的。（D）国家未能证明法律与政府的重要利益有实质关系。*添加宏小律微信：hjusbar，并回复“USBAR自评卷”可获得参考答案及相关解析。
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