Docsity
Docsity

Prepare for your exams
Prepare for your exams

Study with the several resources on Docsity


Earn points to download
Earn points to download

Earn points by helping other students or get them with a premium plan


Guidelines and tips
Guidelines and tips

JD Next Final Exam QUESTIONS & ANSWERS 2025 LATEST UPDATE, Exams of Law

Facts - ANSWER what happened- story telling and legally dispositive *who is suing who and for what action *who is plaintiff and who is defendant *procedural posture: summary of what happened at lower courts Issue - ANSWER What problem is before the court? *Can have multiple problems *1 sentence per problem *why is it important *may be direct or indirect

Typology: Exams

2024/2025

Available from 01/07/2025

ShantelleG
ShantelleG 🇺🇸

4.8

(6)

2.1K documents

Partial preview of the text

Download JD Next Final Exam QUESTIONS & ANSWERS 2025 LATEST UPDATE and more Exams Law in PDF only on Docsity!

JD Next Final Exam QUESTIONS &

ANSWERS 2025 LATEST UPDATE!!

Facts - ANSWER what happened- story telling and legally dispositive *who is suing who and for what action *who is plaintiff and who is defendant *procedural posture: summary of what happened at lower courts Issue - ANSWER What problem is before the court? *Can have multiple problems *1 sentence per problem *why is it important *may be direct or indirect Rules - ANSWER What did the court apply? *legal test state or court uses *are there any exceptions? *explain why rule was used *legal argument: statute governing process *policy argument: good for public/ beneficial or a good idea Anaysis - ANSWER How did the court apply the rule and why did the court use the rule the way it did? *bulk of brief, focus area *What were plaintiff & defendants best argument *explain court's reasoning Conclusion - ANSWER What is the holding? *who wins? *single sentence per issue; include specifics *add thoughts and opinions here *include final court opinions Contract - ANSWER a binding agreement between two or more persons that is enforceable by law Contract Enforcements - ANSWER May include damage compensation for breach of contract, and sometimes, specific performance assumpsit - ANSWER An action to recover damages for breach of contract Consideration - ANSWER something of legal value given in exchange for a promise

bargained for exchange - ANSWER there is an exchange of promise and something of value where both parties gain a reward and receive a detriment Test for Legal Value of Consideration - ANSWER promisee suffers legal detriment or promisor receives legal benefit Intent to Contract - ANSWER A party's intent to contract is deemed to be what a reasonable person in the position of the other party would think that the first party's objective manifestation of intent meant. does NOT look at the subjective intent of the parties (outward intent v. inward intent) Objective Theory of Assent - ANSWER "we must look to the outward expression of a person as manifesting his intention rather than his secret and unexpressed intention" Test of Binding Obligation through Public Ads - ANSWER "Whether the facts show that some performance was promised in positive terms in return for something requested" specific performance (selling of item, service provided, etc.) was promised in return for something (money, a promise to uphold, etc.) Commencement of Work - ANSWER begins when prep work for job begins ex: loading the truck to take materials to job site Withdrawn Offer - ANSWER Proposals may be withdrawn before acceptance exceptions include specified time or reasonable time expired Unilateral Offer - ANSWER -One way promise -can be accepted only by the performance of a particular act -rewards for finding lost pets or items Illusory Promise - ANSWER An offer that can be withdrawn or revoked prior to acceptance by the offeree at any time by the offeror NOT enforceable Promise that imposes no obligation on the promisor offer - ANSWER part of contract negotiations where a party agrees to do or not do something in exchange for consideration must be firm, not ambiguous, or vague Consensus ad idem - ANSWER "Meeting of the minds"

a clear understanding between the parties of the terms of the contract and the willingness to abide by them Mistake Rule - ANSWER there must be consensus ad idem to have a binding contract. parties must be talking about the same thing on all fronts Legally dispositive facts - ANSWER a fact that, if proven with necessary certainty, resolves a legal dispute on its own Story-telling facts - ANSWER facts that paint a picture but don't necessarily resolve a dispute Procedural Posture - ANSWER a summary of how the case arrived in the court Hawkins v McGee - ANSWER "Hairy hand" case Court ruled in Hawkins' favor 1929 and awarded damages for value between a good hand and the actual hand Gratuitous promises - ANSWER Unenforceable due to lack of consideration Promise freely given and not induced by promise of some benefit Free Market Principle - ANSWER parties are free to create contracts and place differing value on or of a contract Adequacy of Consideration - ANSWER The fairness of the bargain. -Consideration comparable in value to that which the other party to the contract is giving. -Courts typically will not consider adequacy unless voluntary consent may be lacking (fraud, duress, over-reaching, undue influence, or mistake) Estoppel - ANSWER A legal principle that bars a party from going back on his or her word Promisory Estoppel - ANSWER an equitable doctrine that prevents the promisor from revoking the promise when the promise justifiably acts in reliance upon the promise to his detriment an exception to consideration Elements of Promissory Estoppel - ANSWER 1) The promisor made a promise

  1. The promisor should have reasonably expected that the promisee would rely on the promise
  2. The promisee actually relied on the promise and engaged in an action or forbearance of a right of a definite and substantial nature
  3. Injustice would be caused if the promise were not enforced

implied promises - ANSWER not specifically stated or written but capable of being inferred by actions also counts as bargained-for-exchange and therefore, consideration Demurrer - ANSWER A motion to dismiss a case because the claim is legally insufficient. written response to a complaint filed in a lawsuit which, in effect, pleads for dismissal on the point that even if the facts alleged in the complaint were true, there is no legal basis for a lawsuit Parol Evidence - ANSWER any oral or written words outside the four corners of a written contract inadmissible in court due to not being part of the contract Dr. McGee approached Hawkins multiple times about getting surgery (skin graft), promising to provide a "perfect hand" and removing scars received from touching an electric wire. Resulted in hairy hand from transplanting skin from the chest. Hawkins sued under breach of contract. Hamer v Sidway - ANSWER Facts: A man promised his nephew that if he stopped drinking, smoking, and gambling until he was 21 that he would pay him $5000. When the nephew completed this agreement the uncle told him that he would hold onto the money and let it collect interest. When the uncle died Sidway, the executor to the uncles estate woudl not pay the money to Hamer, who now own the claim to the money, under the fact that he did not have consideration. Issue: did the original agreement show any consideration. in a agreement one must give up something. Decision: the court ruled in favor of Hamer because the legal rights given up by the nephew are enough to satisfy consideration.