JD Next Quizzes
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1. The plaintiff is the assignee of William E. Story, 2d's claim.: True
2. The defendant is the executor of William E. Story, Sr.'s estate.: True
3. William E. Story the 2d is William E. Story, Sr.'s nephew, and/or William E. Story,
Sr. is William E. Story the 2d's uncle.: True
4. The cause of action is breach of contract: True
5. The remedy sought is damages: True
6. The trial court ruled in favor of the plaintiff: True
7. The defendant appealed the trial court's decision: True
8. The intermediate appellate court (called the "Supreme Court" in the state of
New York) reversed the decision.: True
9. The plaintiff appealed the decision of the intermediate appellate court
(Supreme Court of New York: True
10. The uncle (William E. Story, Sr.) made a promise to his nephew (William E.
Story II).: True
11. The uncle (William E. Story Sr.) told his nephew (William E. Story II) that
he would pay him $5,000 on his 21st birthday if his nephew abstained from
"drinking, using tobacco, swearing and playing cards or billiards for money,"
until then.: True
12. The nephew did as he promised to do: True
13. The nephew wrote to his uncle to tell him he had done what he promised.: True
14. The uncle told his nephew that he wished to delay paying his nephew the
$5,000, and the nephew agreed.: True
15. When the uncle died, the executor refused to pay the nephew the $5,000 he
was promised.: True
16. F.I.R.A.C stands for what?: Facts, Issue, Rule(s), Analysis, Conclusion
17. A contract must be supported by consideration: True
18. Waiver of a legal right at the request of another party is consideration.: True
19. It does not matter whether or not the thing promised is a benefit.: True
20. How long should a typical issue statement be?: A typical issue statement should be one
sentence.
21. How many issue statements should you have for any given case?: It depends on
the case, each issue necessitates an issue statement
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22. Which is the best description of an issue statement?: An issue statement describes the
question the court is deciding in the opinion
23. What should an issue statement include?: An issue statement should include both dispositive
facts and key legal language.
24. The analysis section of your brief includes, among other things, the plaintiff's
best arguments.: True
25. The analysis section of your brief includes, among other things, the defen-
dant's best arguments.: True
26. The analysis section of your brief includes, among other things, the court's
explanation of why it ruled the way it did.: True
27. The analysis section of your brief includes, among other things, the issue
before the court.: False
28. The analysis section of your brief includes, among other things, all narrative
facts.: False
29. The analysis section of your brief includes, among other things, the court's
response to the arguments of the plaintiff and the defendant.: True
30. What can the conclusion of a brief also be called?: The holding
31. Which part of your brief will you reformulate to arrive at the holding?: The issue
32. What is the most appropriate size for the conclusion section of your brief?: The
conclusion is a reformulation of the issue(s) so it should be a sentence for each issue
33. What important facts helped the court decide against the defendant doctor
and award damages to the plaintiff boy in Hawkins v. McGee?: The defendant doctor
said before the operation was decided upon, "I will guarantee to make the hand a hundred per cent perfect hand or
a hundred per cent good hand."
34. The following text is taken from the opening paragraph of Hawkins v. McGee,
the "Case of the Day" reading assignment:
"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?: A common law form of legal action available to a plaintiff who claims that a contract has
been breached.
2/6
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1. The plaintiff is the assignee of William E. Story, 2d's claim.: True
2. The defendant is the executor of William E. Story, Sr.'s estate.: True
3. William E. Story the 2d is William E. Story, Sr.'s nephew, and/or William E. Story,
Sr. is William E. Story the 2d's uncle.: True
4. The cause of action is breach of contract: True
5. The remedy sought is damages: True
6. The trial court ruled in favor of the plaintiff: True
7. The defendant appealed the trial court's decision: True
8. The intermediate appellate court (called the "Supreme Court" in the state of
New York) reversed the decision.: True
9. The plaintiff appealed the decision of the intermediate appellate court
(Supreme Court of New York: True
10. The uncle (William E. Story, Sr.) made a promise to his nephew (William E.
Story II).: True
11. The uncle (William E. Story Sr.) told his nephew (William E. Story II) that
he would pay him $5,000 on his 21st birthday if his nephew abstained from
"drinking, using tobacco, swearing and playing cards or billiards for money,"
until then.: True
12. The nephew did as he promised to do: True
13. The nephew wrote to his uncle to tell him he had done what he promised.: True
14. The uncle told his nephew that he wished to delay paying his nephew the
$5,000, and the nephew agreed.: True
15. When the uncle died, the executor refused to pay the nephew the $5,000 he
was promised.: True
16. F.I.R.A.C stands for what?: Facts, Issue, Rule(s), Analysis, Conclusion
17. A contract must be supported by consideration: True
18. Waiver of a legal right at the request of another party is consideration.: True
19. It does not matter whether or not the thing promised is a benefit.: True
20. How long should a typical issue statement be?: A typical issue statement should be one
sentence.
21. How many issue statements should you have for any given case?: It depends on
the case, each issue necessitates an issue statement
1/6
, JD Next Quizzes
Study online at https://quizlet.com/_hyeiwk
22. Which is the best description of an issue statement?: An issue statement describes the
question the court is deciding in the opinion
23. What should an issue statement include?: An issue statement should include both dispositive
facts and key legal language.
24. The analysis section of your brief includes, among other things, the plaintiff's
best arguments.: True
25. The analysis section of your brief includes, among other things, the defen-
dant's best arguments.: True
26. The analysis section of your brief includes, among other things, the court's
explanation of why it ruled the way it did.: True
27. The analysis section of your brief includes, among other things, the issue
before the court.: False
28. The analysis section of your brief includes, among other things, all narrative
facts.: False
29. The analysis section of your brief includes, among other things, the court's
response to the arguments of the plaintiff and the defendant.: True
30. What can the conclusion of a brief also be called?: The holding
31. Which part of your brief will you reformulate to arrive at the holding?: The issue
32. What is the most appropriate size for the conclusion section of your brief?: The
conclusion is a reformulation of the issue(s) so it should be a sentence for each issue
33. What important facts helped the court decide against the defendant doctor
and award damages to the plaintiff boy in Hawkins v. McGee?: The defendant doctor
said before the operation was decided upon, "I will guarantee to make the hand a hundred per cent perfect hand or
a hundred per cent good hand."
34. The following text is taken from the opening paragraph of Hawkins v. McGee,
the "Case of the Day" reading assignment:
"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?: A common law form of legal action available to a plaintiff who claims that a contract has
been breached.
2/6
