JD-Next Practice Test Questions and
Answers
Question 1
Positive Law
Correct Answer
set of laws that are actively enforced within a particular jurisdiction, meaning the
statutes, regulations, and legal precedents established by a governing body
Question 2
Natural Law
Correct Answer
Set of laws based on universal moral principles; essentially, it's the law that is
"positively" enacted and implemented by human authority
Question 3
Adequate consideration
Correct Answer
Refers to a clear and understood exchange of value in a contract, meaning the
consideration exchanged must be adequate (exchange is fair in comparison to the
promise made)
Example: A company promises an employee a bonus at the end of the year for not
using any sick days. The employee does not use any sick days, but the company
refuses to pay the bonus.
Page 1 of 27
,Question 4
Expectation Damages
Correct Answer
Damages which provide the plaintiff with the monetary equivalent of contractual
performance.
Example: A freelance developer is contracted to create a website for a small
business. The developer does not complete the website by the agreed deadline,
resulting in lost profits for the business. The business can recoup the damages for
the lost profits resulting from the website not being launched.
Question 5
A business owner and a contractor enter into an agreement for the renovation of a
restaurant. Midway through the renovation, the business owner decides to terminate
the contract, claiming dissatisfaction with the work's progress. The contractor sues for
breach of contract. In a FIRAC case brief, which section would detail the legal
principles governing contract termination and breach?
Correct Answer
Rule
Question 6
A homeowner promises a neighbor that they will gift the neighbor a set of garden
tools if the neighbor helps the homeowner with gardening every weekend for a
month. The neighbor helps as agreed, but the homeowner decides not to gift the
tools. Is the homeowner's promise enforceable?
Correct Answer
No, because the promise was a gratuitous promise and lacks consideration.
Question 7
Gratuitous Promise
Correct Answer
A promise not supported by valuable consideration and, therefore, not binding.
Page 2 of 27
, Question 8
A company contracts with a supplier for the delivery of custom machinery. The
supplier fails to deliver on time, causing the company to lose profits. What are the
company's entitlements under Expectation Damages?
Correct Answer
Damages equal to the lost profits due to the delay.
Question 9
A tenant agrees to paint the landlord's property in exchange for a reduction in rent.
After completing the painting, the landlord decides not to reduce the rent. In a FIRAC
brief, which section would explain the legal principles governing agreements for
exchange of services for rent reduction?
Correct Answer
Rule
Question 10
FIRAC
Correct Answer
Facts: The key facts of the case
Issue: The logical issue that the judge is trying to answer
Rule: The legal principle that is created from the case (aka ratio)
Analysis: The reasoning of the court
Conclusion: The conclusion of the analysis
Question 11
IRAC
Correct Answer
Issue, Rule, Analysis, Conclusion
Page 3 of 27
Answers
Question 1
Positive Law
Correct Answer
set of laws that are actively enforced within a particular jurisdiction, meaning the
statutes, regulations, and legal precedents established by a governing body
Question 2
Natural Law
Correct Answer
Set of laws based on universal moral principles; essentially, it's the law that is
"positively" enacted and implemented by human authority
Question 3
Adequate consideration
Correct Answer
Refers to a clear and understood exchange of value in a contract, meaning the
consideration exchanged must be adequate (exchange is fair in comparison to the
promise made)
Example: A company promises an employee a bonus at the end of the year for not
using any sick days. The employee does not use any sick days, but the company
refuses to pay the bonus.
Page 1 of 27
,Question 4
Expectation Damages
Correct Answer
Damages which provide the plaintiff with the monetary equivalent of contractual
performance.
Example: A freelance developer is contracted to create a website for a small
business. The developer does not complete the website by the agreed deadline,
resulting in lost profits for the business. The business can recoup the damages for
the lost profits resulting from the website not being launched.
Question 5
A business owner and a contractor enter into an agreement for the renovation of a
restaurant. Midway through the renovation, the business owner decides to terminate
the contract, claiming dissatisfaction with the work's progress. The contractor sues for
breach of contract. In a FIRAC case brief, which section would detail the legal
principles governing contract termination and breach?
Correct Answer
Rule
Question 6
A homeowner promises a neighbor that they will gift the neighbor a set of garden
tools if the neighbor helps the homeowner with gardening every weekend for a
month. The neighbor helps as agreed, but the homeowner decides not to gift the
tools. Is the homeowner's promise enforceable?
Correct Answer
No, because the promise was a gratuitous promise and lacks consideration.
Question 7
Gratuitous Promise
Correct Answer
A promise not supported by valuable consideration and, therefore, not binding.
Page 2 of 27
, Question 8
A company contracts with a supplier for the delivery of custom machinery. The
supplier fails to deliver on time, causing the company to lose profits. What are the
company's entitlements under Expectation Damages?
Correct Answer
Damages equal to the lost profits due to the delay.
Question 9
A tenant agrees to paint the landlord's property in exchange for a reduction in rent.
After completing the painting, the landlord decides not to reduce the rent. In a FIRAC
brief, which section would explain the legal principles governing agreements for
exchange of services for rent reduction?
Correct Answer
Rule
Question 10
FIRAC
Correct Answer
Facts: The key facts of the case
Issue: The logical issue that the judge is trying to answer
Rule: The legal principle that is created from the case (aka ratio)
Analysis: The reasoning of the court
Conclusion: The conclusion of the analysis
Question 11
IRAC
Correct Answer
Issue, Rule, Analysis, Conclusion
Page 3 of 27
