The Establishment Clause of the First Amendment prohibits the government from making any law "respecting an establishment of religion." A state law requiring public school students to recite a specific prayer directly implicates this clause because it suggests government endorsement of religion. The Free Exercise Clause (A) protects individuals' rights to practice their religion, but this scenario is about the government's establishment of religion.
To establish a negligence claim, the plaintiff (pedestrian) must prove four elements:
(1) the defendant owed a duty of care to the plaintiff;
(2) the defendant breached that duty;
(3) the breach was the actual and proximate cause of the plaintiff's injuries; and
(4) the plaintiff suffered damages as a result. Strict liability does not apply in a typical negligence case (D), and intent is not required for negligence (B).
Easements can be binding on subsequent purchasers, but only if the easement has been properly recorded (C). Recording provides notice to future buyers. If the easement was not recorded, the new buyer may be able to claim they were unaware of the easement and therefore are not bound by it.
Under contract law, a modification to an existing contract generally requires new consideration. In this case, the builder was already under a pre-existing duty to complete the renovations for $50,000, so the promise to pay an additional $10,000 is unenforceable without new consideration. The homeowner's agreement to pay more does not constitute new consideration.
Please select 2 correct answers
The prosecution in a robbery case must prove beyond a reasonable doubt that the defendant had the intent to commit robbery (A) and that the victim's money was taken by force or threat of force (C). The prosecution does not need to prove the defendant's alibi (B) but rather must disprove it by presenting evidence of the defendant's presence at the crime scene. While the use of a weapon can enhance a robbery charge, it is not an essential element of robbery under all circumstances.