JD Next Exam Questions & Answers 2025 LATEST UPDATE, Exams of Law

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JD Next Exam Questions & Answers

2025 LATEST UPDATE

When can an offer be withdrawn? - ANSWER Before the acceptance of the offeree. FIRAC stands for - ANSWER Facts, Issues, Rules, Analysis, Conclusion What are "the facts"? - ANSWER Who sues whom. Why? What happened? Procedural posture. Tell the story. Procedural Posture - ANSWER How did the case get from the trial courts to the court writing the opinion. (trial court > appellate court) What four things need to be covered when stating procedural posture? - ANSWER 1) What court is issuing the opinion?

2. Which party is seeking relief?
3. What sort of motion is at issue?
4. What was the disposition of the lower courts? "Issue" means what? - ANSWER Issue is referring to the I in FIRAC. This term is suppose to make you state what is being fought over and decided by the court. "Rules" means what? - ANSWER Rules is referring to the R in FIRAC. This refers to guide the courts decision as a matter of fact. This often involves previous cases and statutes. "Application / Analysis" means what? - ANSWER Application / Analysis refers to the courts reasoning and how the decision is made. What four things must be included in the application / analysis? - ANSWER 1) What argument does the plaintiff make.
5. What argument does the defendant make.
6. How did the court respond to those arguments?
7. Why did the court rule the way it did? "Conclusion" means what? - ANSWER The outcome of the courts ruling. Includes damages. What should you reformulate in the conclusion? - ANSWER You should reformulate the issue by answering it in the conclusion.

What is a contract? - ANSWER Agreement between parties, creating mutual obligations that are enforceable by law. What three things must a contract have? - ANSWER 1) Offer

2. Consideration
3. Acceptance No, it is an invitation because no performance is promised in return for something requested. - ANSWER You place an ad in the Newspaper as follows: "For sale, one-acre plot off County Road 7, $5,000 minimum bid." Would this advertisement be considered an offer? No, because this is a gratuitous promise - ANSWER Aaron is at dinner with his friends. They order five drinks and are a little intoxicated. While they were joking around, Aaron's friends promise to buy him new shoes if he gets all As this semester. They shake on the offer. Aaron works really hard in the semester and gets all As. When he sees his friends again, he demands that they buy him new shoes. The friends refuse. If Aaron sues his friends, is he likely to win? No, because the man did not know of the reward offer at the time he returned the wallet.

• ANSWER When a woman's wallet went missing, she posted a missing flier on Facebook. The flier offered a $50 reward for anyone who returned her wallet with all the cash back to her. The next day, a man was in a Walmart parking lot and noticed the wallet on the ground and knew it belonged to the woman. The man took the wallet to the woman's house and returned it to her. Neither party made any mention of the reward. Later that afternoon, the man saw the missing flier on Facebook for the first time. Upset that the woman did not pay him $50, he went back to her house and demanded the money. Yes, because the flyer, while directed to the public, has language inviting a particular performance. - ANSWER Katie hangs up a flyer in front of her house that reads, "I will leave everything I own to the first person to bring me an original Van Gogh painting." Is this an offer? Gratuitous Promise - ANSWER a usually unenforceable promise that is made without consideration. Typically it is the promise of gifts or unilateral pledges to confer benefits. Promissory Estoppel - ANSWER principle that prevents someone from going back on a promise made, especially when the other party has relied on that promise to their detriment. 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

What is an offeree? - ANSWER Person to whom the offer is made and whom now has the power of acceptance. What is an offerer? - ANSWER Person who makes the offer and now has the power to control the offer. In the context of contract law, which of the following scenarios is an example of an illusory promise? - ANSWER Phyllis promises to bake cookies for the office party, but only if she feels like it on the day of the event. No, one cannot promise to "give up" something that he/she does not have the legal right to do and it be consideration for a legally binding contract. - ANSWER Is a contract formed if the promisee offers the promisor $ in the exchange for the promisee withholding to engage in behavior that is not his legal right to do. (I will give you $100, if you refrain from stealing from your mom.) Yes, because the company is paying a bargained-for, valuable amount to rent the office space. - ANSWER A company is negotiating a contract to lease an office space in a prestigious downtown building. The standard market rate for similar office spaces in the area is $5,000 per month. However, due to a long-standing business relationship, the company secured the lease for only $3,000 per month. The previous year, the company had leased the same office space for $2,500 per month. Does adequate consideration support the contract for the office space lease? True - ANSWER Court finds the nephew's restriction of his "lawful freedom of action" was consideration. A common law form of legal action available to a plaintiff who claims that a contract has been breached. - ANSWER Which of the following choices best explains the term "assumpsit," as used in Hawkins v. McGee? $6, $50, $0 - ANSWER Buyer and Seller contract for the sale of 1,000 barrels of oil (carefully specified as to grade, etc.) at a price of $50 a barrel, payment and delivery in 90 days. On the payment/delivery date, oil is selling at $44 a barrel and Buyer refuses to go through with the transaction. How much can Seller, injured party, recover? 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. - ANSWER 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": The agreement will not be enforced absent some rationale to enforce the promise without consideration - ANSWER 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: Yes, because Rollem's promise was supported by bargained-for consideration. - ANSWER Rollem, an automobile retailer, had an adult daughter, Betsy, who needed a car in her employment but had only $3,000 with which to buy one. Rollem wrote to her, "Give me your $3,000 and I'll give you the car on our lot that we have been using as a demonstrator." Betsy thanked her father and paid him the $3,000. Both Rollem and Betsy knew, the demonstrator was reasonably worth $10,000. After Betsy had paid the $3,000, but before the car had been delivered to her, one of Rollem's sales staff sold and delivered the same car to a customer for $10,000. Neither the salesperson nor the customer was aware of the transaction between Rollem and Betsy. Does Betsy, after rejecting a tendered return of the $3,000 by Rollem, have an action against him for breach of contract? No - ANSWER Paula Prospecter, who is a destitute claimant to an Alaskan gold mine, promises to pay Fran Financier $10,000 if Paula succeeds in reclaiming her mine, in return for Fran Financier's payment of $50 to help Paula to go to Alaska and try. Is there consideration here? 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. - ANSWER Compare to Feinberg the following example of different types of promises: (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? 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. - ANSWER Compare to Feinberg the following example of different types of promises: (a) "If you will voluntarily retire, I will give you a pension of $200 per month for life." Is there consideration in this case? There must be agreement on essential factors necessary to establish a contract between the parties. - ANSWER which of the following elements is not required in order for the doctrine of promissory estoppel to apply? Invitations to Negotiate - ANSWER Allen's, a furniture store, advertises Belissimo Italian leather sofas (red, black, brown, or beige) for sale at $799. Offers or Invitations to Negotiate? Offer - ANSWER Same as before, but in addition, circular contains the words "Out they go Saturday; First Come First Served". Offer or Invitation to Negotiate?