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JD NEXT EXAM QUESTIONS & CORRECT ANSWERS GRADED A LATEST EXAM
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JD NEXT EXAM QUESTIONS & CORRECT ANSWERSGRADED A LATEST EXAM
Basic Rule for recovery of damages - ANSWER-measure of damages is the
difference between the value of goods as they would have been
A contract must be supported by consideration T/F - ANSWER-True
Waiver of a legal right at the request of another party is consideration T/F -
ANSWER-True
It does not matter whether or not the thing promised is a benefit T/F - ANSWER-
True
The analysis section of your brief includes, among other things, the plaintiff's best
arguments T/F - ANSWER-True
The analysis section of your brief includes, among other things, the defendant's
best arguments T/F - ANSWER-True
The analysis section of your brief includes, among other things, the court's
explanation of why it ruled the way it did. T/F - ANSWER-True
The analysis section of your brief includes, among other things, all narrative facts.
T/F - ANSWER-False
The analysis section of your brief includes, among other things, the court's
response to the arguments of the plaintiff and the defendant. T/F - ANSWER-True
,How long should a typical issue statement issue be? - ANSWER-One sentence
How many issue statements should you have for any given case? - ANSWER-It
depends on the case. Some cases have more than one issue, and will require issue
statements for each issue.
Which is the best description of an issue statement? - ANSWER-An issue
statement describes the question the court is deciding in the opinion.
Dispositive Fact - ANSWER-a fact that, if proven with necessary certainty,
resolves a legal dispute on its own./ fact providing final resolution
What should an issue statement include? - ANSWER-An issue statement should
include both dispositive facts and key legal language.
What does Professor Erwin also call the Conclusion section of a brief? -
ANSWER-The holding
Which part of your brief will you reformulate to arrive at the holding? -
ANSWER-The issue
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.
"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? - ANSWER-A common law form of legal action available to
a plaintiff who claims that a contract has been breached.
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.
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.
Demurrer - ANSWER-a legal objection to the sufficiency of a pleading
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.
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.
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 promisee and which does induce such
action or forbearance is binding if injustice can be avoided only by enforcement of
the promise.
, 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.
Consideration - ANSWER-Consideration is a promise, performance, or
forbearance bargained by a promisor in exchange for their promise.
(a) "If you agree to continue working for me, I'll give you a fair share of the profits
at the end of the year."
Is there consideration in this case? - ANSWER-No. There is no valid offer here
due to lack of clear definitive terms, such as how much a fair share of the profits
represents. Therefore, there is no clear consideration.
"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
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?
Illusory Promise - ANSWER-a promise that is unenforceable due to indefiniteness
or lack of mutuality, where only one side is bound to perform.
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
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