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You represent a defendant on trial for drug possession. The prosecution introduced evidence that a bag of heroin was found in the defendant’s car during a traffic stop. During his case-in-chief, the defendant is prepared to testify that when the heroin was found, he stated, “I don’t do drugs; my sister usually drives this car.” Is the defendant’s proposed testimony likely to be admissible? Select one.

The owner of an award-winning thoroughbred racehorse sent an e-mail to a horse breeder offering to sell him the horse for $80,000 if he bought the horse before November 15. The breeder was extremely knowledgeable about horses and knew that comparable horses were being sold for $100,000. On November 1, just as the breeder was headed to his bank to get a certified check for the purchase of the horse, he received another e-mail from the owner stating that she had changed her mind and the horse was no longer for sale. The breeder got the check and drove to the owner’s stable anyway, where he saw a “horse for sale” sign nailed to the outside of the horse’s stall. The breeder located the owner behind the stable, tendered the $80,000 certified check, and demanded the horse. The owner refused. The breeder meets with you because he would like to sue the owner for breach of contract. While discussing the possibility of a lawsuit, the breeder asks you how much he can expect to recover from the owner. Which of the following amounts should you advise the breeder that he is likely to recover? Select one.

The client has told you that recently, one of its industrial fabricators was lost in transit. The client put out an advertisement offering “a $20,000 reward for anyone offering information leading to the location and recovery of” the fabricator. The ad featured a picture of the fabricator, with the client’s logo prominently on the front. One week later, a trucker phoned the client to say that he had seen a fabricator closely resembling the client’s at a warehouse. He photographed the fabricator, including the client’s logo. Based on this information, the client recovered the fabricator. Two weeks later, the trucker phoned the client, demanding the $20,000 reward. The client refused to pay, so the trucker sued the client in Franklin federal court. This lawsuit has moved to trial. The trucker’s ability to recover the reward hinges on whether a unilateral contract existed. If the trucker knew about the reward offer when he gave the information to the client, then a unilateral contract existed. The trucker testified at trial that he knew about the offer when he supplied the tip. You seek to offer testimony by the trucker’s business partner that the trucker told her, in confidence, “I didn’t know about the reward offer when I tipped them off.” The trucker has objected to this testimony.  List two factors that favor admitting the testimony and explain why. The length of each answer should be about one sentence.

You represent a seafood importer. Recently, the importer entered into a written agreement with a restaurant chain to sell the restaurant chain 500 pounds of prawns for a total price of $10,000. Prior to the date set for execution of the contract, the market price for prawns soared because of a natural disaster in an area where a large percentage of prawns are cultivated. The importer informed the restaurant chain that the cost of prawns had risen and requested that the contract price be adjusted to $12,000 for the 500 pounds of prawns as a result. The restaurant chain agreed orally to pay the $12,000, but no written confirmation was exchanged between the parties. Shortly thereafter, the market for prawns stabilized and prawns became available again at predisaster price levels. The importer shipped 500 pounds of prawns to the restaurant chain. On receipt, the restaurant chain sent the importer a certified check in the amount of $10,000, marking it “payment in full.” The importer did not cash the check, but telephoned the restaurant chain demanding an additional $2,000. The restaurant chain refuses to pay the additional sum. The importer would like to sue the restaurant chain to recover the additional $2,000 and meets with you to discuss filing a lawsuit. Should you advise the importer that it is likely to be successful? Select one.

The client asks whether and to what extent it will receive the protection of any warranties in its dispute with the supplier.  Which of the following statements best articulates which warranties, if any, will most likely apply to the client’s matter? Select one.

You are prosecuting a defendant charged with trespass. During the incident in question, the perpetrator entered a famous actor’s home while he was out and left a tambourine in his bathtub. At trial, the defendant took the stand and denied any involvement in the crime. You seek to call a famous singer to the stand to testify that, three years earlier, he encountered an intruder—the defendant—inside his bathroom holding a tambourine. All notice requirements have been met. Is the court likely to admit the evidence? Select one.

The client has asked for advice on what remedies it might obtain from the supplier. So, you review the Franklin UCC Deskbook on Remedies, which reads in relevant part as follows: §77.201 Remedies Broadly speaking, Franklin’s UCC Article 2 affords the following remedies upon breach of a contract for the sale of goods: I. Seller’s General Damages for Nonacceptance or Repudiation If the buyer repudiates the contract or wrongly rejects the goods, the seller’s general damages equal the goods’ market price minus the contract price. If this measure is inadequate for some reason, the seller may recover lost profits. In either case, the seller may also recover incidental damages. II. Buyer’s Remedies A. Generally Usually, if the seller breaches, the buyer may (1) cancel the contract, (2) recover any portion of the purchase price paid, or (3) implement cover. Incidental and appropriate consequential damages are also available. B. Cover Cover means that the buyer may make any reasonable purchase of, or contract to purchase, substitute goods and then recover the difference between the cover price and contract price from the seller. Cover is optional. C. Incidental and Consequential Damages Incidental damages include reasonable expenses flowing from the breach, such as the cost of cover or the cost of properly situating rejected goods. Consequential damages include loss flowing from the buyer’s particular requirements of which the seller knew or had reason to know, and which could not be prevented through cover or otherwise, and may include lost profits. D. Specific Performance Specific performance is available if the goods are unique, the goods are specially manufactured for the buyer, or in other proper circumstances. E. Liquidated Damages Liquidated damages are available if they are (1) spelled out in the contract, (2) reasonable, and (3) not unreasonably large (and thus a penalty). F. Buyer’s Restitution If the buyer breaches, prompting the seller to justifiably withhold the goods, then the buyer may recover, as restitution, the amount by which the buyer’s payments exceed the smaller of (1) liquidated damages or (2) damages determined by a statutory formula. End of excerpt Assuming the client rightfully rejected the defective engines, which of the following remedies would be available to the client concerning the defective engines? Select two.

Sean dos empresas dedicadas a la producción de carteras de cuero, la empresa A produce un 2% de carteras defectuosas, y la empresa B produce 1,7%, además se sabe que la empresa A produce el triple que la empresa B. Se compra una cartera en una de las empresas y resulta una cartera no defectuosa. ¿Cuál es la probabilidad de que provenga de la empresa B?

La resistencia extrema (en Newton) de cables fabricados por cierta compañia posee una distribución normal con media de 2000 N y desviación estándar de 100 N. Mediante el empleo de una muestra técnica de fabricación, la compañía asegura que la resitencia aumentará. Para comprobar esta afirmación coloca a prueba una muestra aleatoria de 49 cables producidos con el nuevo proceso y obtiene una media muestral de 2045 N. ¿Los datos apoyan la afirmación del fabricante?. Use un nivel de significancia del 1%.

El monto de facturas por cobrar de la sociedad ABC, se distribuye de forma normal, con una media de $177.000 y desviación estándar de $30.000.(a) Se decide aplazar el cobro al 5% de las facturas con montos más bajos. ¿Cuál es el monto mínimo necesario para no aplazar el cobro?(b) Obtenga la probabilidad de que la media de una muestra aleatoria de tamaño 80 tenga un valor mayor de $180.000.