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JD NEXT | 162 QUESTIONS | WITH COMPLETE SOLUTIONS, GRADED A+
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JD NEXT | 162 QUESTIONS | WITH COMPLETE SOLUTIONS, GRADED A+
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JD NEXT | 162QUESTIONS | WITH
COMPLETE
SOLUTIONS, GRADED
A+
JD NEXT
Evatee 8/12/24 JD NEXT
,JD NEXT | 162 QUESTIONS | WITH
COMPLETE SOLUTIONS, GRADED A+
Which part of Professor Erwin's rule brief does he identify as the basic rule or
black letter law? Answer - The measure of the vendor's damages is the
difference between the value of the goods as they would have been, if the
warranty as to quality had been true, and the actual value at the time of the
sale.
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.
A business owner tells a cleaning service, "I will pay you $450 if you promise to
clean my office weekly for two months. Make sure to let my assistant know
what you decide." The cleaning service starts cleaning the office the next week
without providing a verbal or written promise. Is there a binding contract?
Answer - No, because the offeror's requirement for a promise was not met by
the offeree's performance.
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
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
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. ***"
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
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