JD NEXT EXAM QUESTIONS & CORRECT ANSWERS |verified 100% correct|

JD NEXT EXAM QUESTIONS & CORRECT ANSWERS |verified 100% correct| 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 not be enforced absent some rationale to enforce the promise without consideration. What rule did the court follow in reaching its decision in Feinberg v. Pfeiffer Co.? - ANSWER -A promise which the promisor should reasonably expect to induce action or forbearance on the part of the promisee and which does induce such action or forbearance is binding if injustice can be avoided only by enforcement of the promise. Which of the following choices best explains the term "estoppel"? - ANSWER -A legal principle that bars a party from denying or alleging a certain fact owing to that party's previous conduct, allegation, or denial. Consideration - ANSWER -Consideration is a promise, performance, or forbearance bargained by a promisor in exchange for their promise. (a) "If you agree to continue working for me, I'll give you a fair share of the profits at the end of the year." Is there consideration in this case? - ANSWER -No. There is no valid offer here due to lack of clear definitive terms, such as how much a fair share of the profits represents. Therefore, there is no clear consideration. "If you will voluntarily retire, I will give you a pension of $200 per month for life." - ANSWER -Yes. There are clear definitive terms in this promise, therefore considering exists due to a bargained-for-exchange agreement. If the employee voluntarily retires, he/she expects to receive $200 for life What statement below best states the issue addressed by the court in Wood v. Lucy, Lady Duff-Gordon? - ANSWER -Was plaintiff Wood's promise illusory and therefore not supported by consideration, since it did not obligate him to take any positive action or do anything of an affirmative nature whatsoever? Illusory Promise - ANSWER -a promise that is unenforceable due to indefiniteness or lack of mutuality, where only one side is bound to perform.