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A husband was determined to keep his terminally ill wife living in their home during her final days. He interviewed a few nurses until he found one whom he liked. He told her, “My wife is very ill and doesn’t have much time left. I need someone I can trust to care for her when I’m at work. If you agree to do so, I will pay you $1,000 a week for the remainder of her life.” The nurse verbally accepted the husband’s offer on the spot and began caring for the wife the next day. The nurse cared for the wife every day over the next week while the husband was at work, but during that week, the husband decided that caring for his wife himself in the evenings was too difficult so he arranged for his wife to be moved to a nursing care facility. He promptly fired the nurse and refused to pay her salary. The nurse meets with you because she would like to sue the husband for breach of contract. Should you advise her that she is likely to prevail? Select one.

Two old friends reconnected over drinks at their high school class reunion. During the course of their reminiscing, one of the friends pulled an old newspaper clipping out of his wallet and showed it to his classmate. The clipping was a newspaper article from when their high school bowling team had won the regional championship and featured a photograph of both friends with some of their old teammates. The classmate asked her friend if he would sell her the clipping. The friend replied, “I don’t think so. I’ve kept this in my wallet all these years as a good luck charm, but I’m sure you can get a copy of the article yourself from the newspaper’s website for free.” The classmate was not dissuaded and kept pestering her friend to sell her the clipping. After further conversation, and a couple more drinks, the friend finally orally agreed to sell the newspaper clipping to the classmate for $1,000. They agreed that the classmate would bring the $1,000 in cash to the friend’s house that weekend. The classmate wrote her name and cellphone number on a napkin and told the friend to text her his home address. The friend texted the classmate his address the next day, but the classmate never responded. The friend filed suit for breach of contract against the classmate for $1,000. The classmate wants you to represent her against the friend and meets with you to discuss the case. Which of the following is the classmate’s best defense to a breach of contract claim? Select one.

Your client is a retail computer store in a high-crime neighborhood. The client kept its parking garage on the lower level gated shut for security reasons, so anyone parking had to use a call-button to contact the store service desk for entry and egress. A city building inspector who had just exited after inspecting some renovations stopped outside the gate when he realized he had dropped his phone just inside the garage by the gate. The gate was still open so he went back in on foot and picked it up. As he was heading back out, the gate suddenly started descending. The gate bumped his shoulder as he jumped out of the way. The bump ordinarily would not have caused injury, but it aggravated an existing nerve condition in his shoulder and left him with a permanent loss of mobility. The inspector sued the client for the permanent injury to his shoulder. Evidence at trial established that employees were required to check the security camera trained on the garage door before flipping the switch behind the customer service desk to shut the gate. All three employees working at the service desk denied flipping the switch, and footage from the security camera trained on the service desk was inconclusive. The inspector’s expert testified that there was nothing wrong with the gate that would cause it to malfunction and descend without the switch being flipped. Is the inspector likely to prevail? Select one.

Your client just called you in tears. She said that she went to the orthopedic surgeon’s office to apologize again for the gym incident. However, before your client could enter the building, the orthopedic surgeon’s colleague yelled at her from the other side of the parking lot, roughly 50 feet away. The colleague shouted, “Haven’t you done enough? If you come near anyone in this office ever again, you’ll be sorry.” Your client said that the colleague had his hands on his hips and looked menacing, so she became scared and fled the parking lot. Your client told you that when she got home, she performed some internet searches and believes she has a claim for assault against the colleague. Based on the known facts of the situation, could your client assert a successful assault claim against the colleague? Select one.

On November 6, the proprietor of an independent bookstore sent a letter to a furniture wholesaler asking for the price of a certain bookshelf he knew the wholesaler sold. The wholesaler sent a written reply with a catalog listing the prices and descriptions of all of its available bookshelves. The letter stated that the terms of sale were cash within 10 days of delivery. On November 14, by return letter, the bookstore proprietor ordered the bookshelf, enclosing a check for $400, the listed price. Immediately on receipt of the order and check, the wholesaler informed the bookstore proprietor that there had been a pricing mistake in the catalog, which should have quoted the price as $450 for that bookshelf. The bookstore proprietor refused to pay the additional $50, arguing that his order of November 14 in which the $400 check was enclosed was a proper acceptance of the wholesaler’s offer. The wholesaler would like to sue the bookstore proprietor for damages and meets with you to discuss the possibility of a lawsuit. Should you advise the wholesaler that she will prevail? Select one.

A defendant was charged with murder. During the defendant’s case-in-chief, the defendant’s girlfriend testified that the defendant had been with her at her home during the time frame in which the victim was killed. On cross-examination, the prosecution asked the girlfriend if she had plagiarized her graduate school thesis, and the girlfriend said she did not. The prosecution now seeks to call the girlfriend’s former professor to testify that the girlfriend did in fact plagiarize her thesis. You are assisting the judge presiding at trial. Should you recommend that the court allow the testimony? Select one.

Several defendants are on trial for running a child kidnapping ring. As the prosecutor in this case, you intend to introduce the testimony of a police officer who discovered one of the defendants’ hideouts where victims were kept until a ransom was paid. The officer will testify that, following a shootout with a kidnapper at the scene, the kidnapper was gravely injured and admitted his participation in the kidnapping ring. The officer will further testify that the kidnapper disclosed the locations of the other hideouts and the names of the other kidnappers. Police were able to rescue victims from the other hideouts and arrest the defendants. The kidnapper died from his injuries. What is your best argument for allowing the officer to testify as to the kidnapper’s statements? Select one.

You have started preparing the complaint for your client’s medical malpractice action against the orthopedic surgeon, and you are considering how to most convincingly draft your negligence allegations. Identify two elements of a prima facie case of negligence and, for each of those elements, identify a known fact that supports an argument that the element is satisfied in your client’s situation. The length of each answer should be about 1–2 sentences or phrases.

Your client is a dairy farmer who has sued a pharmaceutical company for dumping toxic chemicals into a lake on land that was owned by the pharmaceutical company and adjacent to the farmer’s land. The client is prepared to testify that she encountered an employee of the pharmaceutical company dumping some material into the lake and asked him what he was doing. The employee replied that he was just following orders, but that she should keep her animals away from the lake. May the client likely testify as to the employee’s statement? Select one.

Your client is the driver of a pickup truck who ran through a red light because her tire suddenly blew. The client’s truck struck a pedestrian who was crossing at the crosswalk, seriously injuring him. The pedestrian sued the client for his injuries. At trial both parties stipulated to the above facts, and that a statute in the jurisdiction required vehicles to stop at red lights. The client testified that she had not previously had any indication of problems with her tire. At the close of the evidence, the pedestrian moved for a directed verdict in his favor. If the motion is granted, the pedestrian will prevail; if it is denied, the case is submitted to the jury. How do you expect the court to rule? Select one.