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Plus Rationales 2026 Q&A | Instant
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1. A homeowner hired a contractor to build a deck. The contract stated
the work must be completed by July 1. The contractor abandoned the
job on June 15. Which remedy is most appropriate for the
homeowner?
A. Specific performance
B. Reformation
C. Damages for breach of contract
D. Rescission
Damages are the appropriate remedy when a party breaches a contract.
Specific performance is generally limited to unique goods or real estate.
2. In a criminal trial, the prosecution introduces a confession obtained
after prolonged interrogation. The defense moves to suppress it.
Which constitutional amendment supports this motion?
A. First Amendment
B. Fourth Amendment
,C. Fifth Amendment
D. Tenth Amendment
The Fifth Amendment protects against self-incrimination, and coerced
confessions violate this protection.
3. A state law bans all political yard signs. A homeowner challenges it.
What is the likely result?
A. The law is valid under time, place, and manner restrictions
B. The law is unconstitutional because it restricts core political speech
C. The law is valid as a zoning regulation
D. The law is valid under state police powers
Political speech receives the highest level of First Amendment protection. A
blanket ban is not narrowly tailored.
4. A tenant left behind personal property after being evicted. The
landlord sold it without notice. The tenant sues. What legal theory
best supports recovery?
A. Conversion
B. Trespass to chattels
C. Nuisance
D. Negligence
Selling the tenant's property without notice is an intentional interference
with possession and qualifies as conversion.
5. A plaintiff was injured when a defective toaster exploded. Who can be
held strictly liable?
A. Only the manufacturer
B. Manufacturer and any seller in the distribution chain
,C. Only the retailer
D. Only if the plaintiff can prove negligence
Under strict products liability, all parties in the distribution chain can be
held liable.
6. A man tells his friend, “I’ll sell you my car for $5,000.” The friend
replies, “I’ll pay $4,500.” The man declines. Later, the friend says, “OK,
$5,000.” Is there a contract?
A. Yes, the original offer remains open
B. Yes, the friend accepted
C. No, the counteroffer terminated the original offer
D. No, the offer was never valid
A counteroffer acts as a rejection and terminates the original offer.
7. Which of the following crimes requires proof of malice?
A. Burglary
B. Larceny
C. Arson
D. Robbery
Arson requires malice—intent or recklessness regarding the burning.
8. The Supreme Court grants certiorari. What is required for this to
occur?
A. Approval by a federal district court
B. Agreement of four justices
C. Presidential signature
D. En banc review by circuit court
The "rule of four" means four justices must agree to hear a case.
, 9. A contract is formed under duress. What is the status of the contract?
A. Valid
B. Void
C. Voidable
D. Enforceable
Contracts entered into under duress are voidable at the option of the party
under duress.
10. In a negligence action, the plaintiff must prove:
A. Malice
B. Duty, breach, causation, damages
C. Intent
D. Consent
Negligence requires showing duty, breach, causation, and damages.
11. A person falsely tells others that a restaurant serves spoiled
food, hurting its business. This is:
A. Battery
B. Intrusion upon seclusion
C. Defamation
D. Trespass
Publishing false statements that harm reputation is defamation.
12. An administrative agency issues regulations under authority
granted by Congress. This is an example of:
A. Judicial review
B. Delegated legislative power