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Contracts and Federal Rules of Evidence Exam


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1.      Briefly define and discuss the following terms:  express contract, implied contract and quasi-contract

  1. Express written or recorded form
  2. Implied by conduct
  3. Quasi implied in law, a device created by common law in order to avoid unjust enrichment of a person who has received and retained valuable goods and services where it is socially reasonable to expect payment for those goods and services.


  1. Identify and discuss the essential elements of contract formation.

Requisites of a K

1.                  A real mutual assent consisting of an Offer of two or more

2.                  competent parties, in a

3.                  form required by law, supported by

4.                  a valid consideration, and having a

5.                  valid purpose and a valid subject matter.



  1. Briefly discuss the concept of promissory estoppel.


  1. What are the requirements of the Statute of Frauds?  What types of agreements are affected?


  1. What is the purpose of a merger clause?


  1. Compare and contrast the concepts of malum in se and malum prohibitum. 


  1. Are the following statements sufficient to form a valid contract between the parties?


Mr. Jones:  In view of your hard work and loyal service over the past 11 years, I promise to double your bonus this year.


Ms. OBrien:  Thank you.  Im very honored and accept your offer.





Evidence Exam



  1. What factors are used to determine if a witness is competent to testify?


  1. Compare and contrast direct evidence and circumstantial evidence.


  1. What is character evidence?  Why is it often inadmissiable?


  1. How is the relevance of evidence determined?  What factors are used?


  1. What is impeachment?  What methods are available for impeaching a witness?


  1. Define hearsay.  Briefly explain why hearsay is generally inadmissible and discuss any exceptions that may exist.


  1. True or False:

a.      A lay witness may never give testimony in the form of opinions.

b.      Interrogatories may only be served on individuals.

c.       Expert witnesses may testify about hypothetical situation presented by counsel at trial.

d.      A nonparty witness may be deposed.

e.      During a deposition, a deponents attorney may properly instruct his client not to answer a question for any reason.




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