Question

1. Which of the following statements is true?

a. The serving of written questions, to be answered in writing by the opposing party, is known as interrogatories.

b. A long-arm statute becomes applicable only in cases in which the court has been found not to have a venue.

c. An attorney "cross-examines" a witness who has been called to establish the facts about his or her side of the case.

d. If a demurrer entered by the defendant is sustained by the court, the plaintiff wins

2. Mr. Big is a wealthy businessman. The police dislike him intensely so they obtain a warrant to search his home to see if there is anything they can use against him. The search warrant states that the police may search his entire home and seize all unlawful items which might happen to be in his home. At his home, they find the remains of a rare animal presently listed on the endangered species list. Which of the following is true?

a. The search warrant was defective because it was not precisely worded in that it did not precisely describe the premises nor did it describe the exact items to be seized.

b. Although the search warrant was not precise as to location and items to be seized, nevertheless it allowed the introduction of the evidence. The judge who issued the search warrant is the one at fault and not the police.

c. It is not necessary to obtain a search warrant to search the home of someone suspected of having violated the law; therefore, the animal could be seized and used against him at trial.

d. A secret warrant is always required regardless of circumstances.

3. Which of the following statements is true?

a. The party who appeals the case is referred to as the appellant.

b. The burden of proof in a civil case is that the plaintiff must prove beyond a reasonable doubt that the defendant is liable.

c. When a court directs a verdict, no appeal can be taken from the judge's decision.

d. A long-arm statute becomes applicable only in cases in which the court has been found not to have the venue

4. Which of the following statements is false?

a. Arthur has a contract with John Robert under the terms of which John Robert is supposed to paint Arthur's garage. Arthur has selected John Robert because he knows John Robert is a good painter and will do a good job. John Robert may not delegate the duty to paint because it is personal in nature.

b. Promissory estoppel substitutes for consideration.

c. In a novation, the delegator is discharged and the third party becomes directly bound upon his promise to the obligee.

d. Where a party to a contract promises to render performance, not to the promisee but to a third party who is a creditor of the promise, the third party may maintain an action for breach of contract.

5. Which of the following statements is false?

a. A recital of nominal consideration, such as a dollar, in an option contract to purchase real estate, renders the option contract unenforceable because sufficient consideration is lacking.

b.The UCC states that an offer may be accepted in any manner reasonable under the circumstances.

c. If the beginning of a requested performance is a reasonable mode of acceptance, the offeree must still notify the offeror that performance has begun. If the offeror is not notified of the performance within a reasonable time, the offeror may treat the offer for requested performance as having lapsed.

d. A contract can be breached prior to the date that any performance by the parties to the contract is due.

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Answer 1

1.

(a) The serving of written questions, to be answered in writing by the opposing party, is known as interrogatories

2.

(a) The search warrant was defective because it was not precisely worded in that it did not precisely describe the premises nor did it describe the exact items to be seized.

3.

(a) The party who appeals the case is referred to as the appellant

4.

(d)

Where a party to a contract promises to render performance, not to the promisee but to a third party who is a creditor of the promise, the third party may maintain an action for breach of contract.