Basic Rule for recovery of damages - correct answer ✔✔measure of damages is the difference between
the value of goods as they would have been
A contract must be supported by consideration T/F - correct answer ✔✔True
Waiver of a legal right at the request of another party is consideration T/F - correct answer ✔✔True
It does not matter whether or not the thing promised is a benefit T/F - correct answer ✔✔True
The analysis section of your brief includes, among other things, the plaintiff's best arguments T/F -
correct answer ✔✔True
The analysis section of your brief includes, among other things, the defendant's best arguments T/F -
correct answer ✔✔True
The analysis section of your brief includes, among other things, the court's explanation of why it ruled
the way it did. T/F - correct answer ✔✔True
The analysis section of your brief includes, among other things, all narrative facts. T/F - correct answer
✔✔False
The analysis section of your brief includes, among other things, the court's response to the arguments of
the plaintiff and the defendant. T/F - correct answer ✔✔True
How long should a typical issue statement issue be? - correct answer ✔✔One sentence
How many issue statements should you have for any given case? - correct answer ✔✔It depends on the
case. Some cases have more than one issue, and will require issue statements for each issue.
, Which is the best description of an issue statement? - correct answer ✔✔An issue statement describes
the question the court is deciding in the opinion.
Dispositive Fact - correct answer ✔✔a fact that, if proven with necessary certainty, resolves a legal
dispute on its own./ fact providing final resolution
What should an issue statement include? - correct answer ✔✔An issue statement should include both
dispositive facts and key legal language.
What does Professor Erwin also call the Conclusion section of a brief? - correct answer ✔✔The holding
Which part of your brief will you reformulate to arrive at the holding? - correct answer ✔✔The issue
What is the most appropriate size for the conclusion section of your brief? - correct answer ✔✔The
conclusion reformulates the issue, so you'll need about a sentence for each issue.
"Assumpsit against a surgeon for breach of an alleged warranty of the success of an operation. Trial by
jury. Verdict for the plaintiff. ***"
Which of the following choices best explains the term "assumpsit," as used in Hawkins v. McGee? -
correct answer ✔✔A common law form of legal action available to a plaintiff who claims that a contract
has been breached.
What rule of contract law did the court apply to the facts in Hamer v. Sidway? - correct answer ✔✔In
general a waiver of any legal right at the request of another is sufficient consideration for a promise.
Which of the following choices best explains the terms "demurrer," "testator," and "executor" as used in
Hamer v. Sidway? - correct answer ✔✔An executor is appointed by a testator to carry out the terms of
his or her will.
Demurrer - correct answer ✔✔a legal objection to the sufficiency of a pleading
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