CONTRACTS

1. How should a defendant respond to a lawsuit based on a contract that falls within the Statute of Frauds but that is not evidence by a writing? Why is it essential that the defendant respond in the correct way?

2. Why do courts try to find exceptions to the Statute of Frauds?

3. Why might a court uphold a contract that was not reduced to writing and that would otherwise fall within the Statute of Frauds?

4. What are the characteristics of a writing sufficient to satisfy the Statute of Frauds?

5. What is the difference between primary liability and collateral liability for a debt?

6. What are the major categories of contracts that must be evidenced by a writing?

7. What is a "click-wrap agreement," and why are such arrangements problematic for reasons other than the Statute of Frauds?

8. What special requirements may apply to prenuptial agreements?

9. The ABA Model Rules provide that one type of lawyer-client fee agreement shall be in writing. What type of agreement must be written?

CIVIL LITIGATION

1.What are the general requirements for filing a motion?

2.What must the responding party do to oppose a motion?

3.Under what circumstances might a court deny a motion to extend time?

4.If a motion contains facts that are within someone's knowledge other than the attorney, what document must also be filed with the motion?

5.How many days does the defendant have to remove an action to federal court after the defendant receives notice of the plaintiff's state court complaint?

6. Search the following web site: https://www.law.cornell.edu/rules/frcp/rule_11. What is the importance of Rule 11 sanctions? Can you find any case law that discusses the imposition of sanctions against an attorney.

7. The Federal Rules of Civil Procedure have specific requirements for how motions are to be drafted. View the following web site: www.casd.uscourts.gov. At the home page, go to Attorney Assistance/ filing procedures/ general filing procedures, and then format for filings. Note the specific requirements for filings. Now check the district court for your state. Are there similar rules?