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19/05/2017

Exercise 37 # Tommy Trucker was driving his pickup truck west on the interstate. He was a very careful driver and was always on the alert for accidents to be avoided. Debra Driver was driving east on the interstate with her children in her car. Tommy saw a stray kitten in the road and turned to avoid hitting the animal. Apparently Tommy turned the steering wheel too suddenly because the pickup truck began spinning end-to-end on the freeway. Tommy's pickup spun across the center divider and collided with Debra's automobile causing significant injury to one of her children in the back seat.
Debra, herself, was not injured in the accident. However, she personally suffered severe emotional distress including numerous physical symptoms from seeing her children injured in the collision. If Debra brings suit for outrage or emotional distress, the claim will likely
(A) Prevail, because she was present at the scene of the accident and saw the injury to her children.
(B) Not prevail, because she suffered no physical injuries in the collision.
(C) Not prevail, unless Tommy Trucker was driving at an unreasonably high speed which caused his pickup truck to spin out of control when he swerved to avoid hitting the cat.
(D) Prevail, because she suffered severe emotional distress with physical manifestations and she was herself within the zone of danger created by Tommy's act.

25/04/2017

Exercise 36 # Apple farm entered into an agreement with Cider Bottling in which Cider Bottling agreed to buy all of the apples it needed for its next year's bottling operation. Apple Farm, for its part, agreed to sell to Cider Bottling all the output from its fall harvest that Cider Bottling would need to keep its bottling plant at full capacity through the end of the next year. One month before the apples were to be harvested, Mega Growers, Inc., approached Cider Bottling and offered to sell them their apples for 10% less than Apple Farm's agreed upon price. Cider Bottling agreed to buy at least some of their requirements from Mega at the lower price.
The Apple Farm to Cider Bottling agreement was
(A) A requirements, output, and exclusive dealing contract.
(B) A requirements and output contract.
(C) A requirement contract.
(D) An output contract.

25/04/2017

your answer here # The correct answer is (A). The best reason for mandatory withdrawal is that the lawyer has been discharged by the client, even if the discharge was wrongful. [MRPC 1.16(a)(3)] Since the lawyer was appointed, it would also seem reasonable to seek court approval. (B) is not the best answer because the condition "only if" precludes the other two VID reasons for mandatory withdrawal (violate MRPCs and discharge by the client). (C) is incorrect because regardless of the possible motive, discharge by the client requires mandatory withdrawal. (D) is incorrect because a lawyer may, not must, withdraw if she finds a client's tactics repugnant. [MRPC 1.16(b)(4)]

29/03/2017

Exercise 35 # Viola Volunteer recently left a large law firm to start her own solo practice. She applied for and was appointed by the court to undertake the representation of a criminal defendant named Mario Murderer. Viola and Mario had numerous differences of opinion and arguments about how to conduct the defense. Viola gradually developed severe depression about the representation and court proceeding dates had to be delayed. The relationship continued to deteriorate, and after one major verbal disagreement, Mario discharged Viola.
Must Viola withdraw from the case?
(A) Yes, with court approval, because the client discharged her.
(B) Yes, with court approval, only if the lawyer's mental depression about the representation materially impairs her duty as an advocate.
(C) No, if Viola believes the client's discharge was primarily for the purpose of delay.
(D) No, unless Viola finds Mario's tactics repugnant, or other good cause for withdrawal exists.

29/03/2017

your answer here # The correct answer is (D). The best alternative because an owner may use reasonable non-deadly force in recapturing stolen chattels if in hot pursuit. (A) is incorrect because if the thief used unreasonable force in defending, the true owner will prevail. (B) is incorrect because the true owner is allowed to use reasonable force in recapturing the chattel. (C) is incorrect because a true owner in hot pursuit of a stolen chattel is allowed a reasonable right to trespass without the permission of a valid license.

28/03/2017

Exercise 34 # Terry Thief stole a diamond ring from Owner who left it on a shelf while washing her hands in a public restroom. Owner saw Terry leave and chased her yelling, "Stop, thief!" Terry ran into her house and Owner broke the door down to get in. If Terry sues Owner, the likely outcome is
(A) For Owner, if Terry used unreasonable force in defending the chattel.
(B) For Terry, if Owner used reasonable force in recapturing the chattel.
(C) For Terry, because Owner trespassed without permission or a valid license.
(D) For Owner, if non-deadly force was used in hot pursuit of the stolen chattel.

28/03/2017

your answer here # The correct answer is (B). The warranty of this title is automatic because it is implied in a UCC Article 2 sales contract. (A) is incorrect because the parol evidence exclusion rule, if applicable, would only apply to prior or contemporaneous agreements that contradicted the final written integrated agreement. (C) is incorrect because the warranty is implied. (D) is incorrect because the UCC does not permit a general disclaimer to override the implied warranty of title.

27/03/2017

Exercise 33 # Gold sold Sable ten fur coats. The contract contained no specific provision regarding title warranties. It did, however, contain a provision that indicated the coats were sold "with all faults and defects." Two of the coats sold to Sable has been stolen and were reclaimed by the rightful owner. Which of the following is a correct statement?
(A) The implied warranty of title is eliminated by the parol evidence rule.
(B) The contract automatically contained a warranty that the title conveyed is good and can only be excluded by specific language.
(C) Because there was no express title warranty, Sable assumed the risk.
(D) The disclaimer "with all faults and defects" effectively negates any and all warranties.

27/03/2017

your answer here # The correct answer is (C). A judge should not make a public endorsement of a political candidate for prosecutor - even if related. Note this is not a judicial election. This is especially appropriate here because a prosecutor may appear in superior court where the judge sits. [MCJC 4.1] (A) is not the best answer because a judge may contribute to political campaigns if the judge contributor himself is currently involved as a judicial candidate and it is allowed under state law. (B) is incorrect because a judge usually may privately express his/her views on candidates. (D) is incorrect because judges are not allowed to make public endorsements of political candidates. Note that the judge's sister is campaigning for a non-judicial position.

03/03/2017

Exercise 32 # Lawyer is the youngest of the family. This family has been a very prominent Democratic power in the County of Everyland for decades. Lawyer's older brother has been a Superior Court judge for 12 years, and he is currently up for reelection. Lawyer has thrown her hat in the ring for the open position of Everyland County Prosecutor. Her campaign manager has conducted polls in Everyland that indicate it would be tremendously helpful to publicize her familial relationship with her brother and her brother would like to help his little sister if he can.
Which of the following activities would most likely subject Brother to potential judicial discipline?
(A) Make a $500 contribution to Lawyer's campaign.
(B) Privately express his endorsement to few friends.
(C) Make a public endorsement of his sister's candidacy.
(D) None of the above because Lawyer is his sister.

03/03/2017

your answer here # The correct answer is (C). This is probably more of a private nuisance than a public one. The harm is only suffered by the property owners on the beach. The effect of the loud grinding machine created a substantial interference with the use of their private property. (A) is incorrect because the facts do not indicate the grinding is being conducted in a negligent manner. (B) is not the best answer because a public nuisance is an interference with the health, safety, or related right of the entire community. While a private party may sue for a public nuisance, they must show special damages different in kind from those suffered by the general public; here, the hotel is not different in kind from the other businesses who are dependent on tourism which has dried up because of the nuisance. The fact that they may have lost more money than the other businesses is a difference in amount, not in kind. (D) is incorrect because there is no indication on these facts that there is a substantial risk of serious harm in operating the rock grinding machine.

01/03/2017

Exercise 31 # Perfect Beach was a popular seaside resort city whose economic viability depended upon tourists staying in the seaside hotels and condominiums. During a week in May, the beach experienced a perfect storm which deposited massive boulders on the sandy beach. The municipality hired Rock Crusher Inc. to grind up the boulders into sand and thereby recreate the pristine sand beach. Grinding stated on July 1 at the height of the tourist season. Rock Crusher's grinding machine made very loud noises that the tourists found extremely disturbing.
The tourist staying at Perfect Beach left and new guests refused to check into the condominiums and hotels. A large hotel on the beach lost more money than the other business. If the hotel seeks to recover their financial losses from Rock Crusher Inc. and the municipality, their best theory of recovery is likely
(A) Negligence
(B) Public nuisance
(C) Private nuisance
(D) Abnormal and dangerous activity

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Monday 09:00 - 17:00
Tuesday 09:00 - 17:00
Wednesday 09:00 - 17:00
Thursday 09:00 - 17:00
Friday 09:00 - 17:00

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