Exam 1 Practice Questions

(Chapters 1, 3, 7, 8, 9, 10, 11, and 12)

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TABLE OF CONTENTS
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1. Chapters 1 & 3: Introduction & Judicial System
2. Chapter 7: Intentional Torts
3. Chapter 8: Negligence & Strict Liability
4. Chapter 9: Introduction to Contracts
5. Chapter 10: Mutual Assent
6. Chapter 11: Conduct Invalidating Assent
7. Chapter 12: Consideration
8. Extra-Credit: Product Strict Liability
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1. Chapters 1 & 3 (Introduction & Judicial System)
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(Multiple Choice)
1. Which of the following is a public law rather than a private law?
A. Contract law
B. Real property law
C. Tort law
D. Criminal law

(Short Answer)
2. Define “stare decisis.” How does it promote consistency in the legal system?

(Multiple Choice)
3. Which motion requests a court to decide there is no genuine issue of fact for trial?
A. Motion to dismiss
B. Motion for summary judgment
C. Motion in limine
D. Motion for directed verdict

(Short Answer)
4. Name two advantages of arbitration over litigation, and one potential disadvantage.

(Scenario)
5. You file a lawsuit in State A, but the defendant lives and does business in State B. Under what circumstances
can State A’s courts exercise personal jurisdiction over the out-of-state defendant?
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2. Chapter 7: Intentional Torts
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(Multiple Choice)
1. Which must be proven for a claim of battery?
A. Negligent conduct causing injury
B. Offensive or harmful contact with the plaintiff
C. Breach of a contract
D. Public disclosure of private facts

(Short Answer)
2. Distinguish between libel and slander. Why does it matter in terms of damages?

(Scenario)
3. Alice locks Ben in a storage closet for two hours, refusing to let him out. Ben has no way to escape. What tort
claim can Ben bring, and what are its elements?

(Multiple Choice)
4. Which of the following is an element of defamation?
A. A statement of pure opinion
B. A true statement that harms someone’s reputation
C. A false factual statement that harms someone’s reputation
D. Absolute privilege

(Short Essay)
5. Compare “intrusion” with “appropriation” as they relate to invasion of privacy. Provide an example of each.

(Multiple Choice)
6. Which statement about IIED (Intentional Infliction of Emotional Distress) is correct?
A. It requires a physical touching.
B. The conduct must be extreme and outrageous.
C. It can only occur if there is a breach of contract.
D. It is the same as defamation.

(Scenario)
7. Carrie is furious that Dean outbid her on an online auction. She calls his employer and falsely states that
Dean has been stealing from the office. The employer immediately fires Dean. What intentional tort(s) might
apply, and why?

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3. Chapter 8: Negligence & Strict Liability
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(Multiple Choice)
1. Which is NOT an element of negligence?
A. Breach of duty
B. Duty of care
C. Actual cause
D. Offer and acceptance

(Short Answer)
2. Explain the difference between “actual cause” and “proximate cause.”

(Scenario)
3. A visitor slips on a wet supermarket floor and breaks her arm. The store had not placed any warning signs,
though the spill occurred 20 minutes earlier. Discuss the likely negligence analysis: duty, breach, causation,
harm, and potential defenses.

(Multiple Choice)
4. Under comparative negligence (modified 50% rule), a plaintiff found 40% at fault will:
A. Recover 60% of damages
B. Recover nothing
C. Recover 40% of damages
D. Be required to pay the defendant 60% of damages

(Short Answer)
5. What does “res ipsa loquitur” mean, and when might it apply?

(Multiple Choice)
6. Strict liability generally applies to:
A. Minor driving offenses
B. Negligent medical malpractice
C. Abnormally dangerous activities
D. All professional services

(Scenario)
7. Mark blasts rock in a heavily populated area. Even though he takes every safety precaution, debris damages a
nearby house. Is Mark liable? Why or why not?

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4. Chapter 9: Introduction to Contracts
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(Multiple Choice)
1. A contract is best defined as:
A. A moral promise between friends
 B. A legally enforceable promise or set of promises
C. A gratuitous promise with no requirement of exchange
D. A criminal statute

(Short Answer)
2. What are the basic requirements for a valid contract?

(Multiple Choice)
3. Promissory estoppel applies when:
A. There is a fully valid contract in place
B. There is a promise and detrimental reliance, but no formal contract
C. There is neither a promise nor reliance
D. The promise is based on a preexisting duty

(Scenario)
4. Mary verbally agrees to buy a used laptop from John for $200. Is this an enforceable contract under common
law? Why or why not?

(Short Answer)
5. Explain the difference between bilateral and unilateral contracts. Give an example of each.

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5. Chapter 10: Mutual Assent (Offer & Acceptance)
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(Multiple Choice)
1. Under the “mirror image rule,” an acceptance:
A. May differ in minor terms and still be valid
B. Must exactly match the offer
C. Is never effective until received
D. Always creates a new contract no matter what terms differ

(Scenario)
2. Tom mails an offer to sell his antique table to Sarah. Sarah sends her acceptance by mail the next day. Before
Sarah’s letter arrives, Tom calls her to revoke the offer. Under the mailbox rule, is there a valid contract? Why
or why not?

(Short Answer)
3. How does the UCC’s “battle of the forms” differ from the common law “mirror image rule”?

(Multiple Choice)
4. Which of the following terminates an offer by operation of law?
A. A conditional acceptance
B. Death of the offeror prior to acceptance
 C. Attempt at negotiation
D. The mailbox rule

(Scenario)
5. Joe offers to pay Sarah $500 if Sarah paints his entire fence by the end of the weekend. Sarah begins painting
Saturday morning. Can Joe revoke his offer Sunday afternoon if Sarah is almost done? Discuss the concept of
unilateral contract revocation.

(Short Essay)
6. Compare an “option contract” under common law with a “firm offer” under the UCC. Why is consideration
relevant to the option contract but not necessarily to a UCC firm offer?

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6. Chapter 11: Conduct Invalidating Assent
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(Multiple Choice)
1. Which is NOT typically a ground for avoiding a contract?
A. Undue influence
B. Mistake of fact by both parties
C. Post-contract buyer’s remorse (no wrongdoing)
D. Fraudulent misrepresentation

(Short Answer)
2. Define “duress” and provide an example of a scenario in which a contract would be void.

(Scenario)
3. Tim sells a car to Pam, claiming it’s never been in an accident. Tim knows it’s been wrecked. Pam buys it,
later discovering prior damage. What legal remedy might Pam seek?

(Multiple Choice)
4. Which best describes undue influence?
A. A legal threat of force to get someone to sign
B. Overcoming someone’s free will through a confidential or dominant relationship
C. Innocent misrepresentation by a party
D. A common form of mistake

(Short Essay)
5. Distinguish between a “mutual mistake” and a “unilateral mistake” in contract law, and explain the usual
consequences of each.

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7. Chapter 12: Consideration
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(Multiple Choice)
1. Which of the following is NOT valid consideration?
A. A promise to pay $100 in exchange for a used textbook
B. A promise to pay someone for an act they’ve already done in the past
C. A forbearance from suing in exchange for settlement money
D. A legal detriment to the promisee that the promisor requested

(Short Answer)
2. Define “preexisting duty.” Why does it fail as consideration?

(Multiple Choice)
3. Which statement is true about modifying contracts under common law?
A. Modifications must be in writing
B. Modifications require new consideration
C. Past consideration is acceptable
D. Modifications are always free from consideration requirements

(Scenario)
4. Paul agrees to paint Susan’s house for $2,000. Midway through, Paul demands an extra $500 to finish, citing
how hot the weather is. Susan reluctantly agrees. Is this modification enforceable under common law? Would
the result differ under the UCC?

(Short Essay)
5. Explain the concept of “bargained-for exchange.” How does it differentiate a legally enforceable contract
from a mere promise?

(Multiple Choice)
6. For “accord and satisfaction” to settle a debt:
A. The debt must be undisputed
B. The debt must be disputed as to either amount or existence
C. There must be no consideration
D. The creditor must have a preexisting legal duty

(Short Answer)
7. Describe how “promissory estoppel” can act as a substitute for consideration in some cases.

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8. Extra-Credit: Product Strict Liability
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1. (Scenario) A retail store sells a toaster that has a manufacturing defect. The purchaser is severely burned
when it catches fire. Discuss who might be liable and why, under strict liability theories.
2. (Short Answer) List one defense to strict product liability and briefly explain when it applies.

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END OF PRACTICE QUESTIONS
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