JD NEXT
PRACTICE EXAM QUESTIONS WITH
CORRECT DETAILED ANSWERS |
ALREADY GRADED A+<RECENT
VERSION>
1) What are the purposes (value) of creating case briefs? - ANSWER Process: Helps
you analyse and understand cases
Product: Creates a useful summary for review
For YOU: Designed to aid your learning and understanding.
Compare one case with another
Organize your analysis
Review your materials
2) Which is the best description of an issue statement? - ANSWER An issue
statement describes the question the court is deciding in the opinion.
3) Dispositive Fact - ANSWER a fact that, if proven with necessary certainty,
resolves a legal dispute on its own./ fact providing final resolution
4) What should an issue statement include? - ANSWER An issue statement should
include both dispositive facts and key legal language.
5) What does Professor Erwin also call the Conclusion section of a brief? -
ANSWER The holding
6) Which part of your brief will you reformulate to arrive at the holding? - ANSWER
The issue
,7) 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.
8) "Assumpsit against a surgeon for breach of an alleged warranty of the success of an
operation. Trial by jury. Verdict for the plaintiff. ***"
9) 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.
10) 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.
11) 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.
12) Demurrer - ANSWER a legal objection to the sufficiency of a pleading
13) 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.
14) 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.
15) 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 promise and which does induce such action or
forbearance is binding if injustice can be avoided only by enforcement of the promise.
,16) 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.
17) Consideration - ANSWER Consideration is a promise, performance, or
forbearance bargained by a promisor in exchange for their promise.
18) "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
19) 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?
20) Illusory Promise - ANSWER a promise that is unenforceable due to indefiniteness
or lack of mutuality, where only one side is bound to perform.
21) What do you think Justice Cardozo means by his use of the term "sacred talisman" in
the following sentence:
"The law has outgrown its primitive stage of formalism when the precise word was
the sovereign talisman, and every slip was fatal It takes a broader view to-day. A
promise may be lacking, and yet the whole writing may be 'instinct with an
obligation,' imperfectly expressed." - ANSWER Precise words are not required for
a contract to be enforceable in modern courts.
22) How do you think the court would have ruled in Lucy if Lucy, the buyer of Ferguson
Farms, had known that Zehmer, the seller, was just kidding? - ANSWER Lucy
would not be entitled to specific performance or damages.
23) Specific Performance - ANSWER A contractual remedy in which the court orders
a party to actually perform its promise as closely as possible, because monetary
damages are somehow inadequate to fix the harm.
, 24) Define the term, "parol evidence": - ANSWER Evidence of a prior or
contemporaneous agreement introduced in court in order to modify, explain, or
supplement the contract at issue.
25) Define, "Consensus ad idem" - ANSWER meeting of minds, mostly used in
contract law, which refers to the fact that there is an agreement among the parties to
contract.
26) Your boss, a car dealer wants to publish the following ad on the company's website:
Year/Make/Model: 2007 Hando Concurrent Sedan EX V6
Vin#: 1294671254404
List price:$27,995
2007 asking price: $25,525
He asks you, his legal expert, if this ad is an offer or an invitation to make an offer. What
is your opinion, based on Lefkowitz? - ANSWER It's an invitation because no
performance is promised in return for something requested.
27) A "unilateral offer" is: - ANSWER An offer which may be withdrawn without
notice before acceptance by an offeree.
28) "The roof on my barn was damaged in last week's storm. If you will repair the roof by
the end of the week I will pay you $2000.
(signed)"Owen Owner"
Upon receiving Owner's letter, Roofer begins to repair the roof. Which of the
following statements is correct? - ANSWER A binding contract has been formed.
29) According to the court in Ever-Tite Roofing, a "reasonable time" is defined as: -
ANSWER A question of fact depending on the nature of the contract proposed.
30) Allen's, a furniture store, advertises Belissimo Italian leather sofas (red, black, brown,
or beige) for sale at $799.
Offers or Invitations to Negotiate? - ANSWER Invitations to Negotiate
31) According to the court in Hoffman v. Red Owl Stores, Inc., which of the following
elements is not required in order for the doctrine of promissory estoppel to apply? -
ANSWER There must be agreement on essential factors necessary to establish a
contract between the parties.
PRACTICE EXAM QUESTIONS WITH
CORRECT DETAILED ANSWERS |
ALREADY GRADED A+<RECENT
VERSION>
1) What are the purposes (value) of creating case briefs? - ANSWER Process: Helps
you analyse and understand cases
Product: Creates a useful summary for review
For YOU: Designed to aid your learning and understanding.
Compare one case with another
Organize your analysis
Review your materials
2) Which is the best description of an issue statement? - ANSWER An issue
statement describes the question the court is deciding in the opinion.
3) Dispositive Fact - ANSWER a fact that, if proven with necessary certainty,
resolves a legal dispute on its own./ fact providing final resolution
4) What should an issue statement include? - ANSWER An issue statement should
include both dispositive facts and key legal language.
5) What does Professor Erwin also call the Conclusion section of a brief? -
ANSWER The holding
6) Which part of your brief will you reformulate to arrive at the holding? - ANSWER
The issue
,7) 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.
8) "Assumpsit against a surgeon for breach of an alleged warranty of the success of an
operation. Trial by jury. Verdict for the plaintiff. ***"
9) 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.
10) 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.
11) 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.
12) Demurrer - ANSWER a legal objection to the sufficiency of a pleading
13) 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.
14) 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.
15) 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 promise and which does induce such action or
forbearance is binding if injustice can be avoided only by enforcement of the promise.
,16) 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.
17) Consideration - ANSWER Consideration is a promise, performance, or
forbearance bargained by a promisor in exchange for their promise.
18) "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
19) 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?
20) Illusory Promise - ANSWER a promise that is unenforceable due to indefiniteness
or lack of mutuality, where only one side is bound to perform.
21) What do you think Justice Cardozo means by his use of the term "sacred talisman" in
the following sentence:
"The law has outgrown its primitive stage of formalism when the precise word was
the sovereign talisman, and every slip was fatal It takes a broader view to-day. A
promise may be lacking, and yet the whole writing may be 'instinct with an
obligation,' imperfectly expressed." - ANSWER Precise words are not required for
a contract to be enforceable in modern courts.
22) How do you think the court would have ruled in Lucy if Lucy, the buyer of Ferguson
Farms, had known that Zehmer, the seller, was just kidding? - ANSWER Lucy
would not be entitled to specific performance or damages.
23) Specific Performance - ANSWER A contractual remedy in which the court orders
a party to actually perform its promise as closely as possible, because monetary
damages are somehow inadequate to fix the harm.
, 24) Define the term, "parol evidence": - ANSWER Evidence of a prior or
contemporaneous agreement introduced in court in order to modify, explain, or
supplement the contract at issue.
25) Define, "Consensus ad idem" - ANSWER meeting of minds, mostly used in
contract law, which refers to the fact that there is an agreement among the parties to
contract.
26) Your boss, a car dealer wants to publish the following ad on the company's website:
Year/Make/Model: 2007 Hando Concurrent Sedan EX V6
Vin#: 1294671254404
List price:$27,995
2007 asking price: $25,525
He asks you, his legal expert, if this ad is an offer or an invitation to make an offer. What
is your opinion, based on Lefkowitz? - ANSWER It's an invitation because no
performance is promised in return for something requested.
27) A "unilateral offer" is: - ANSWER An offer which may be withdrawn without
notice before acceptance by an offeree.
28) "The roof on my barn was damaged in last week's storm. If you will repair the roof by
the end of the week I will pay you $2000.
(signed)"Owen Owner"
Upon receiving Owner's letter, Roofer begins to repair the roof. Which of the
following statements is correct? - ANSWER A binding contract has been formed.
29) According to the court in Ever-Tite Roofing, a "reasonable time" is defined as: -
ANSWER A question of fact depending on the nature of the contract proposed.
30) Allen's, a furniture store, advertises Belissimo Italian leather sofas (red, black, brown,
or beige) for sale at $799.
Offers or Invitations to Negotiate? - ANSWER Invitations to Negotiate
31) According to the court in Hoffman v. Red Owl Stores, Inc., which of the following
elements is not required in order for the doctrine of promissory estoppel to apply? -
ANSWER There must be agreement on essential factors necessary to establish a
contract between the parties.
