JD NEXT EXAM QUESTIONS AND ANSWERS.
When can an offer be withdrawn? - (ANSWER)Before the acceptance of the offeree.
FIRAC stands for - (ANSWER)Facts, Issues, Rules, Analysis, Conclusion
What are "the facts"? - (ANSWER)Who sues whom.
Why? What happened?
Procedural posture.
Tell the story.
Procedural Posture - (ANSWER)How did the case get from the trial courts to the court writing the
opinion. (trial court > appellate court)
What four things need to be covered when stating procedural posture? - (ANSWER)1) What court is
issuing the opinion?
2) Which party is seeking relief?
3) What sort of motion is at issue?
4) What was the disposition of the lower courts?
"Issue" means what? - (ANSWER)Issue is referring to the I in FIRAC. This term is suppose to make you
state what is being fought over and decided by the court.
"Rules" means what? - (ANSWER)Rules is referring to the R in FIRAC. This refers to guide the courts
decision as a matter of fact. This often involves previous cases and statutes.
"Application / Analysis" means what? - (ANSWER)Application / Analysis refers to the courts reasoning
and how the decision is made.
What four things must be included in the application / analysis? - (ANSWER)1) What argument does the
plaintiff make.
2) What argument does the defendant make.
3) How did the court respond to those arguments?
, JD NEXT EXAM QUESTIONS AND ANSWERS.
4) Why did the court rule the way it did?
"Conclusion" means what? - (ANSWER)The outcome of the courts ruling.
Includes damages.
What should you reformulate in the conclusion? - (ANSWER)You should reformulate the issue by
answering it in the conclusion.
What is a contract? - (ANSWER)Agreement between parties, creating mutual obligations that are
enforceable by law.
What three things must a contract have? - (ANSWER)1) Offer
2) Consideration
3) Acceptance
Bilateral Contract - (ANSWER)Seeks acceptance by return promise.
Unilateral Contract - (ANSWER)Seeks acceptance by a return performance.
Illusory Promise - (ANSWER)A promise that is unenforceable due to indefiniteness or lack of mutuality,
where only one side is bound to perform.
Joe asked Harry for a ride to the airport. Harry agreed and was happy to help his friend. Joe said he
would treat Harry to coffee next week as a thank-you for the ride. That next week Joe called Harry and
told him that he was too tired from traveling and wouldn't treat him to a coffee after all. What would a
court likely decide? - (ANSWER)Joe and Harry did not have a valid contract since consideration is based
on a past event
Offer - (ANSWER)A proposal made by one party that he/she is willing to enter a contract.
Acceptance - (ANSWER)Unqualified agreement by the offeree to be bound by the offer is known as
When can an offer be withdrawn? - (ANSWER)Before the acceptance of the offeree.
FIRAC stands for - (ANSWER)Facts, Issues, Rules, Analysis, Conclusion
What are "the facts"? - (ANSWER)Who sues whom.
Why? What happened?
Procedural posture.
Tell the story.
Procedural Posture - (ANSWER)How did the case get from the trial courts to the court writing the
opinion. (trial court > appellate court)
What four things need to be covered when stating procedural posture? - (ANSWER)1) What court is
issuing the opinion?
2) Which party is seeking relief?
3) What sort of motion is at issue?
4) What was the disposition of the lower courts?
"Issue" means what? - (ANSWER)Issue is referring to the I in FIRAC. This term is suppose to make you
state what is being fought over and decided by the court.
"Rules" means what? - (ANSWER)Rules is referring to the R in FIRAC. This refers to guide the courts
decision as a matter of fact. This often involves previous cases and statutes.
"Application / Analysis" means what? - (ANSWER)Application / Analysis refers to the courts reasoning
and how the decision is made.
What four things must be included in the application / analysis? - (ANSWER)1) What argument does the
plaintiff make.
2) What argument does the defendant make.
3) How did the court respond to those arguments?
, JD NEXT EXAM QUESTIONS AND ANSWERS.
4) Why did the court rule the way it did?
"Conclusion" means what? - (ANSWER)The outcome of the courts ruling.
Includes damages.
What should you reformulate in the conclusion? - (ANSWER)You should reformulate the issue by
answering it in the conclusion.
What is a contract? - (ANSWER)Agreement between parties, creating mutual obligations that are
enforceable by law.
What three things must a contract have? - (ANSWER)1) Offer
2) Consideration
3) Acceptance
Bilateral Contract - (ANSWER)Seeks acceptance by return promise.
Unilateral Contract - (ANSWER)Seeks acceptance by a return performance.
Illusory Promise - (ANSWER)A promise that is unenforceable due to indefiniteness or lack of mutuality,
where only one side is bound to perform.
Joe asked Harry for a ride to the airport. Harry agreed and was happy to help his friend. Joe said he
would treat Harry to coffee next week as a thank-you for the ride. That next week Joe called Harry and
told him that he was too tired from traveling and wouldn't treat him to a coffee after all. What would a
court likely decide? - (ANSWER)Joe and Harry did not have a valid contract since consideration is based
on a past event
Offer - (ANSWER)A proposal made by one party that he/she is willing to enter a contract.
Acceptance - (ANSWER)Unqualified agreement by the offeree to be bound by the offer is known as
