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1. What is the basic rule for the recovery of damages in contract law?
A. The value of goods at the time of delivery
B. The replacement value of the goods
C. The difference between the value of the goods as promised and as received
D. The amount paid by the buyer
Correct Answer: C. The difference between the value of the goods as promised and
as received
2. A contract must be supported by consideration.
A. True
B. False
Correct Answer: A. True
3. Waiver of a legal right at the request of another party constitutes valid consideration.
A. True
B. False
Correct Answer: A. True
4. In determining consideration, it does not matter whether the promised act is a benefit
to the promisor.
A. True
B. False
Correct Answer: A. True
,5. Which of the following is included in the analysis section of a legal brief?
A. Plaintiff’s strongest arguments
B. Defendant’s strongest arguments
C. Court’s reasoning for its decision
D. All of the above
Correct Answer: D. All of the above
6. The analysis section of a legal brief should include all narrative facts.
A. True
B. False
Correct Answer: B. False
7. The analysis section of a legal brief includes the court’s response to the arguments of
both parties.
A. True
B. False
Correct Answer: A. True
8. How long should a typical issue statement be?
A. One paragraph
B. One sentence
C. One page
D. Two sentences
Correct Answer: B. One sentence
9. How many issue statements should a case brief contain?
A. One issue statement only
B. Two issue statements minimum
C. It depends on the number of legal issues in the case
D. One for each party involved
Correct Answer: C. It depends on the number of legal issues in the case
10. Which of the following best describes an issue statement?
A. A summary of the court’s final judgment
B. A description of the plaintiff’s arguments
C. The legal question the court is deciding
, D. The procedural history of the case
Correct Answer: C. The legal question the court is deciding
11. What is a dispositive fact?
A. A fact that is disputed by both parties
B. A fact that independently resolves a legal dispute if proven
C. A procedural error in a case
D. A fact included in the dissenting opinion
Correct Answer: B. A fact that independently resolves a legal dispute if proven
12. What should an issue statement include?
A. Only procedural facts
B. Only legal terminology
C. Both dispositive facts and key legal language
D. Only narrative details
Correct Answer: C. Both dispositive facts and key legal language
13. What does Professor Erwin also call the conclusion section of a brief?
A. The dicta
B. The holding
C. The rationale
D. The analysis
Correct Answer: B. The holding
14. Which section of a brief is reformulated to create the holding?
A. The facts
B. The rule
C. The issue
D. The analysis
Correct Answer: C. The issue
15. What is the most appropriate size for the conclusion section of a brief?
A. One paragraph for every fact
B. One sentence for each issue
C. Half a page minimum
D. One page per holding
Correct Answer: B. One sentence for each issue