Practice Questions with
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Basic Rule for recovery of damages - Answer✔✔-measure of
damages is the difference between the value of goods as they would
have been
A contract must be supported by consideration T/F - Answer✔✔-True
Waiver of a legal right at the request of another party is
consideration T/F - Answer✔✔-True
It does not matter whether or not the thing promised is a benefit T/F
- Answer✔✔-True
,The analysis section of your brief includes, among other things, the
plaintiff's best arguments T/F - Answer✔✔-True
The analysis section of your brief includes, among other things, the
defendant's best arguments T/F - Answer✔✔-True
The analysis section of your brief includes, among other things, the
court's explanation of why it ruled the way it did. T/F - Answer✔✔-
True
The analysis section of your brief includes, among other things, all
narrative facts. T/F - Answer✔✔-False
The analysis section of your brief includes, among other things, the
court's response to the arguments of the plaintiff and the defendant.
T/F - Answer✔✔-True
How long should a typical issue statement issue be? - Answer✔✔-
One sentence
How many issue statements should you have for any given case? -
Answer✔✔-It depends on the case. Some cases have more than one
issue, and will require issue statements for each issue.
,Which is the best description of an issue statement? - Answer✔✔-An
issue statement describes the question the court is deciding in the
opinion.
Dispositive Fact - Answer✔✔-a fact that, if proven with necessary
certainty, resolves a legal dispute on its own./ fact providing final
resolution
What should an issue statement include? - Answer✔✔-An issue
statement should include both dispositive facts and key legal
language.
What does Professor Erwin also call the Conclusion section of a brief?
- Answer✔✔-The holding
Which part of your brief will you reformulate to arrive at the holding?
- Answer✔✔-The issue
What is the most appropriate size for the conclusion section of your
brief? - Answer✔✔-The conclusion reformulates the issue, so you'll
need about a sentence for each issue.
"Assumpsit against a surgeon for breach of an alleged warranty of
the success of an operation. Trial by jury. Verdict for the plaintiff. ***"
, Which of the following choices best explains the term "assumpsit," as
used in Hawkins v. McGee? - Answer✔✔-A common law form of legal
action available to a plaintiff who claims that a contract has been
breached.
What rule of contract law did the court apply to the facts in Hamer v.
Sidway? - Answer✔✔-In general a waiver of any legal right at the
request of another is sufficient consideration for a promise.
Which of the following choices best explains the terms "demurrer,"
"testator," and "executor" as used in Hamer v. Sidway? - Answer✔✔-
An executor is appointed by a testator to carry out the terms of his or
her will.
Demurrer - Answer✔✔-a legal objection to the sufficiency of a
pleading
According to legal experts in contract law, if I say to you: "If you go
over to the bookstore there, you may purchase a sweatshirt on my
credit" - Answer✔✔-It is often difficult to determine whether words
of condition in a promise indicate a request for consideration or state
a mere condition in a gratuitous promise.
According to legal experts in contract law if I promise to give my
daughter, Marley, a valuable painting in exchange for her promise to
give me $1 and she says nothing - Answer✔✔-The agreement will