SOLUTIONS PLUS RATIONALES, GRADED A+
Question 1
An offeror makes an offer to an offeree to sell a vintage car. The offeree is considering the offer.
Under what circumstances can the offeror legally withdraw the offer?
A) Any time after the offer is made.
B) Only after the offeree has rejected the offer.
C) Before the offeree communicates acceptance.
D) After a reasonable amount of time has passed.
E) The offer cannot be withdrawn once made.
Correct Answer: C) Before the offeree communicates acceptance.
Rationale: An offer remains open and can be revoked by the offeror at any point until the
offeree has accepted it. Once acceptance has been effectively communicated, a binding
contract is formed, and the offeror loses the power to withdraw the offer.
Question 2
What does the legal acronym FIRAC stand for?
A) Finding, Inquiry, Ruling, Application, Conclusion
B) Facts, Issues, Rules, Analysis, Conclusion
C) Forum, Inquiry, Response, Action, Confirmation
D) Finding, Investigation, Rules, Adjudication, Conclusion
E) Facts, Interrogatories, Response, Analysis, Confirmation
Correct Answer: B) Facts, Issues, Rules, Analysis, Conclusion
Rationale: FIRAC is a widely used methodology for legal analysis and briefing cases. It stands
for Facts (the relevant events and procedural history), Issues (the legal questions the court
must decide), Rules (the applicable laws and legal principles), Analysis (the application of the
rules to the facts), and Conclusion (the court's decision).
Question 3
When briefing a case, what is the primary purpose of the "Facts" section?
A) To argue the merits of the case from one party's perspective.
,B) To list all applicable statutes and precedents.
C) To provide a neutral, narrative account of the case's background and procedural history.
D) To state the legal question the court is being asked to decide.
E) To detail the final ruling and any awarded damages.
Correct Answer: C) To provide a neutral, narrative account of the case's background and
procedural history.
Rationale: The "Facts" section of a case brief should tell the story of the case. It identifies the
parties (who is suing whom), explains what happened to cause the dispute, and describes the
procedural posture (how the case arrived before the court writing the opinion).
Question 4
Which of the following best defines "Procedural Posture" in a case brief?
A) The physical location and jurisdiction of the court.
B) The arguments made by the plaintiff and defendant.
C) The chronological sequence of events that led to the lawsuit.
D) The history of the case's journey through the court system to the current court.
E) The final outcome and remedy ordered by the court.
Correct Answer: D) The history of the case's journey through the court system to the current
court.
Rationale: Procedural Posture explains how the case got from the trial court to the court
writing the opinion. It traces the path, for example, from a trial court's decision, through a
motion or appeal, to an appellate court.
Question 5
To fully state the procedural posture, which one of the following elements is NOT required?
A) The court that is issuing the opinion.
B) The party that is seeking relief or appealing.
C) The type of motion or issue being decided.
D) The disposition of the lower courts.
E) The names of the lead attorneys for each party.
, Correct Answer: E) The names of the lead attorneys for each party.
Rationale: A complete statement of the procedural posture requires identifying four key
things: 1) the court issuing the opinion, 2) which party is seeking relief, 3) the specific motion
or procedural issue at hand, and 4) what the lower courts decided. The names of the
attorneys are not part of the procedural history.
Question 6
In the context of the FIRAC method, what does the "Issue" refer to?
A) The final verdict delivered by the jury.
B) The specific legal question that the court is being asked to resolve.
C) A summary of the key facts of the case.
D) The procedural history of the litigation.
E) The applicable statutes and legal precedents.
Correct Answer: B) The specific legal question that the court is being asked to resolve.
Rationale: The "Issue" is the I in FIRAC. It is the core legal question in dispute. It should be
framed as a question that encapsulates the central conflict the court must decide to resolve
the case.
Question 7
What is the function of the "Rules" section in the FIRAC framework?
A) To describe the arguments made by the defendant.
B) To state the final decision of the court.
C) To present the relevant facts of the case.
D) To identify the governing laws, statutes, and prior case precedents.
E) To explain the court's reasoning process.
Correct Answer: D) To identify the governing laws, statutes, and prior case precedents.
Rationale: The "Rules" section, the R in FIRAC, is where you lay out the legal principles that
will guide the court's decision. This involves citing relevant statutes, regulations, and holdings
from previous, controlling court cases (precedent).