JD-Next Exam Questions And Answers
/. What is the value of case briefs? - Answer-Process and Product
/.What is the format for case briefs? - Answer-FIRAC
/.What do you need to include in a facts section of a case brief? - Answer-Story-telling and legally
dispositive facts
/.What do you always state in a facts section of a case brief? - Answer-Who is suing whom under what
cause of action for what remedy
/.What is Procedural Posture? - Answer-A summary of how the case arrived in the court, which
describes what procedural steps led to the particular issue (trial court) or what happened in the court
below (appellate court)
/.What is Black Letter Law? - Answer-Basic standard rules that are generally known and free from doubt.
The black letter law on any subject consists of rules that can be applied in a very mechanical way
without moral qualms or other considerations.
/.What is the rule section in a case brief? - Answer-It is the legal test the court states or uses and what
you can apply to other cases
/.What is the black letter law identified in Hawkins v. McGee? - 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
, /.What is Consideration? - Answer-Something bargained for and received by a promisor from a
promisee. Consideration or a valid substitute is required to have a contract
/.What are common types of consideration? - Answer-Real or personal property, a return promise, some
act, or a forbearance
/.What is the issue section of a case brief? - Answer-The question that the court is deciding; any point in
dispute between different parties
/.How long should a typical issue statement be? - Answer-A sentence in length
/.How many issue statements should you have for any given case? - Answer-It depends on the case as
some cases have more than one issue and will require issue statements for each issue
/.What should an issue statement include? - Answer-Both dispositive facts and key legal language
/.What should an issue statement look like? - Answer-Does [determinative fact] [satisfy the
rule/element? Is [the rule satisfied] where [determinative fact]?
/.What is the issue in Hamer v. Sidway? - Answer-Is there consideration if one party successfully abstains
from a legal right due to a promise from the other party?
/.What should the analysis section of a case brief include? - Answer-The plaintiff and defendant's best
arguments, the court's response to those arguments, and a summary of why the court ruled the way it
did
/.What is a holding? - Answer-A court's determination of some matter of law; a determination of such a
central issue
/. What is the value of case briefs? - Answer-Process and Product
/.What is the format for case briefs? - Answer-FIRAC
/.What do you need to include in a facts section of a case brief? - Answer-Story-telling and legally
dispositive facts
/.What do you always state in a facts section of a case brief? - Answer-Who is suing whom under what
cause of action for what remedy
/.What is Procedural Posture? - Answer-A summary of how the case arrived in the court, which
describes what procedural steps led to the particular issue (trial court) or what happened in the court
below (appellate court)
/.What is Black Letter Law? - Answer-Basic standard rules that are generally known and free from doubt.
The black letter law on any subject consists of rules that can be applied in a very mechanical way
without moral qualms or other considerations.
/.What is the rule section in a case brief? - Answer-It is the legal test the court states or uses and what
you can apply to other cases
/.What is the black letter law identified in Hawkins v. McGee? - 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
, /.What is Consideration? - Answer-Something bargained for and received by a promisor from a
promisee. Consideration or a valid substitute is required to have a contract
/.What are common types of consideration? - Answer-Real or personal property, a return promise, some
act, or a forbearance
/.What is the issue section of a case brief? - Answer-The question that the court is deciding; any point in
dispute between different parties
/.How long should a typical issue statement be? - Answer-A sentence in length
/.How many issue statements should you have for any given case? - Answer-It depends on the case as
some cases have more than one issue and will require issue statements for each issue
/.What should an issue statement include? - Answer-Both dispositive facts and key legal language
/.What should an issue statement look like? - Answer-Does [determinative fact] [satisfy the
rule/element? Is [the rule satisfied] where [determinative fact]?
/.What is the issue in Hamer v. Sidway? - Answer-Is there consideration if one party successfully abstains
from a legal right due to a promise from the other party?
/.What should the analysis section of a case brief include? - Answer-The plaintiff and defendant's best
arguments, the court's response to those arguments, and a summary of why the court ruled the way it
did
/.What is a holding? - Answer-A court's determination of some matter of law; a determination of such a
central issue
