Rachel Debner
INSTRUCTIONS
Read Carefully
General. This PRACTICE MIDTERM EXAMINATION covers class discussion
and written materials, including the Helewitz textbook, my presentations
(PowerPoint
slides), and our class discussions up to and including the June 17TH class.
You will be
expected to be familiar with but are not required to cite to a section of the
Uniform
Commercial Code (UCC), Article (Art.) 2 or the Restatement Second of
Contracts (Rest.
2nd of Contracts) or any other statutes and case law covered in class. But
you may have
to identify the source, such as stating that it is in the UCC or Restatement or
a case
dealing with some identifying issue.
Time and Manner. This is an open book exam. ANSWER ALL SHORT
ANSWER AND ESSAY QUESTIONS IN COMPLETE SENTENCES AND IN YOUR
OWN WORDS. Prepare for the Midterm by using your time wisely in
completing this
extra credit. Don’t get hung up trying to find the perfect answer in your
notes or second guessing yourself. Time is not your friend. You can always go
back and look at the
question again (remember you have one or more essay questions to
answer). Don’t
forget to answer all the questions. It is important that you follow the
instructions and
read each question carefully.
Uncertainty. You may always explain the rational for your answer, even for a
True/False Question. Parts and Points. The practice consists of 50 total
credited points assigned to
questions divided into the following parts: Part I, True or False Questions (15
Points);
Part II, Fill-in-the-Blanks Questions (10 Points); Part III, Short Answer
Questions (15
Points); and Part IV, Essay Questions (10 Points).
, PART I
TRUE OR FALSE QUESTIONS
15 TOTAL QUESTIONS = 15 CREDITED QUESTIONS FOR 15 TOTAL POINTS
Each Credited Question Equals 1 Point (15 x 1 = 15)
Write in TRUE OR FALSE OR T or F At the End of or Under Each Question
Historical Development
1. TRUE/FALSE. A case in equity relies upon a jury to serve as the fact finder
subject to oversight by a judge.
F
Jurisdiction
2. TRUE/FALSE. In a case involving a contract entered into between residents
of
different states, a federal court must always hear the case.
F
3. TRUE/FALSE. In the case Poller v. Okoboji Classic Cars, LLC, (the antique
car
case) the Iowa Supreme Court applied New Jersey law to the case because
the
plaintiffs resided in that state.
F
Sources of Law
4. TRUE OR FALSE. Article 2 of the Uniform Commercial Code (UCC, Art 2) is
part of a Uniform Act that has been adopted by almost all states, including
Iowa,
to govern contracts for transactions involving land.
F
5. TRUE OR FALSE. The Restat. 2nd of Contracts is prepared by the American
Law Institute (ALI) to assist judges when applying the common law to a case
before the court.
T
6. TRUE OR FALSE. The Iowa Acts contains all the codified laws of the state of
Iowa.
INSTRUCTIONS
Read Carefully
General. This PRACTICE MIDTERM EXAMINATION covers class discussion
and written materials, including the Helewitz textbook, my presentations
(PowerPoint
slides), and our class discussions up to and including the June 17TH class.
You will be
expected to be familiar with but are not required to cite to a section of the
Uniform
Commercial Code (UCC), Article (Art.) 2 or the Restatement Second of
Contracts (Rest.
2nd of Contracts) or any other statutes and case law covered in class. But
you may have
to identify the source, such as stating that it is in the UCC or Restatement or
a case
dealing with some identifying issue.
Time and Manner. This is an open book exam. ANSWER ALL SHORT
ANSWER AND ESSAY QUESTIONS IN COMPLETE SENTENCES AND IN YOUR
OWN WORDS. Prepare for the Midterm by using your time wisely in
completing this
extra credit. Don’t get hung up trying to find the perfect answer in your
notes or second guessing yourself. Time is not your friend. You can always go
back and look at the
question again (remember you have one or more essay questions to
answer). Don’t
forget to answer all the questions. It is important that you follow the
instructions and
read each question carefully.
Uncertainty. You may always explain the rational for your answer, even for a
True/False Question. Parts and Points. The practice consists of 50 total
credited points assigned to
questions divided into the following parts: Part I, True or False Questions (15
Points);
Part II, Fill-in-the-Blanks Questions (10 Points); Part III, Short Answer
Questions (15
Points); and Part IV, Essay Questions (10 Points).
, PART I
TRUE OR FALSE QUESTIONS
15 TOTAL QUESTIONS = 15 CREDITED QUESTIONS FOR 15 TOTAL POINTS
Each Credited Question Equals 1 Point (15 x 1 = 15)
Write in TRUE OR FALSE OR T or F At the End of or Under Each Question
Historical Development
1. TRUE/FALSE. A case in equity relies upon a jury to serve as the fact finder
subject to oversight by a judge.
F
Jurisdiction
2. TRUE/FALSE. In a case involving a contract entered into between residents
of
different states, a federal court must always hear the case.
F
3. TRUE/FALSE. In the case Poller v. Okoboji Classic Cars, LLC, (the antique
car
case) the Iowa Supreme Court applied New Jersey law to the case because
the
plaintiffs resided in that state.
F
Sources of Law
4. TRUE OR FALSE. Article 2 of the Uniform Commercial Code (UCC, Art 2) is
part of a Uniform Act that has been adopted by almost all states, including
Iowa,
to govern contracts for transactions involving land.
F
5. TRUE OR FALSE. The Restat. 2nd of Contracts is prepared by the American
Law Institute (ALI) to assist judges when applying the common law to a case
before the court.
T
6. TRUE OR FALSE. The Iowa Acts contains all the codified laws of the state of
Iowa.
