For the following questions, provide a quotation from primary authority to support youranswer to the question including a citation in the style of the California Style Manualwithinparentheses (includingthe parentheses).

Forquestions1through4,assumethefollowinghypothetical:

MarinaDevelopmentCompanybuiltanumberofresidentialunitsunderthenameMarinaSeaViewCondominiums.Marina

DevelopmentCompanyprovideddisclosuredocumentstoprospectivepurchaserswhichsuggestedthattheMarinaSeaView

Condominiumswereatornearamarinaandwithinviewofthesea.TheMarinaSeaViewCondominiumswereactuallymiles

inlandandnowherenearabodyofwater.Yourclient,BillyBudd,purchasedoneofthesecondominiumsbaseduponthe

disclosuredocumentsandwithoutseeing theproperty.Buddnowseeks your advice.

Budd tells you he had been misled into buying the property. He asked the MarinaDevelopmentCompanytoexplaintheirmisleadingdisclosures.TheMarinaDevelopment Company said it was "a new concept in marina living." Budd thenconsultedwith attorneys from the law firm of Dough, Knott & Kerr asking if he couldsue for fraud. The attorneys advised Budd that he had no case. SincethenBudd hasrealized that the advice was unsound. However, because he relied upon the

legaladvicethathehadnocase,thestatuteoflimitationshasrunonhisfraudclaimagainsttheMarinaDevelopmentCompanywithoutBuddfilingsuit.BuddwantstosueDough,Knott & Kerr for legal malpractice in California state court for their negligent advice.

Question 1

WhataretheelementsofalegalmalpracticeactioninCalifornia?(Quoteastatementof the elements, and provide the appropriate citation, from an authoritative Californiaappellatecase.)

Question 2

MarinaDevelopmentCompanybuiltanumberofresidentialunitsunderthenameMarinaSeaViewCondominiums.MarinaDevelopmentCompanyprovideddisclosuredocumentstoprospectivepurchaserswhichsuggestedthattheMarinaSeaViewCondominiumswereatornearamarinaandwithinviewofthesea.TheMarinaSeaViewCondominiumswereactuallymilesinlandandnowherenearabodyofwater.Yourclient,BillyBudd,purchasedoneofthesecondominiumsbaseduponthedisclosuredocumentsandwithoutseeing theproperty.Buddnowseeks your advice.

You write a letter to Dough, Knott & Kerr asserting Budd's claim for legalmalpractice. Dough, Knott & Kerr responds that Budd never had a case against theMarina Development Company and so damages are too speculative to support alegal malpractice action.

If the evidence shows that the only damages arespeculative, can Budd still win if he shows that Dough, Knott & Kerr breached itsprofessionalduty?(Answeryesorno,followedbyaonesentenceexplanationandacitationto an authoritative case.)

Question 3

MarinaDevelopmentCompanybuiltanumberofresidentialunitsunderthenameMarinaSeaViewCondominiums.MarinaDevelopmentCompanyprovideddisclosuredocumentstoprospectivepurchaserswhichsuggestedthattheMarinaSeaViewCondominiumswereatornearamarinaandwithinviewofthesea.TheMarinaSeaViewCondominiumswereactuallymilesinlandandnowherenearabodyofwater.Yourclient,BillyBudd,purchasedoneofthesecondominiumsbaseduponthedisclosuredocumentsandwithoutseeing theproperty.Buddnowseeks your advice.

Must Budd prove that he would have won or favorably settled his case against theMarina Development Companyin order toshow damages caused by Dough, Knott &Kerr?(Answeryesorno,followedbyaonesentenceexplanationandacitationtoanauthoritative case.)

Question 4

MarinaDevelopmentCompanybuiltanumberofresidentialunitsunderthenameMarinaSeaViewCondominiums.MarinaDevelopmentCompanyprovideddisclosuredocumentstoprospectivepurchaserswhichsuggestedthattheMarinaSeaViewCondominiumswereatornearamarinaandwithinviewofthesea.TheMarinaSeaViewCondominiumswereactuallymilesinlandandnowherenearabodyofwater.Yourclient,BillyBudd,purchasedoneofthesecondominiumsbaseduponthedisclosuredocumentsandwithoutseeing theproperty.Buddnowseeks your advice.

Budd is not sure he wants to sue but wants to think it over. He needs to know howmuch time hehas tothink. You know that the statute of limitations for legalmalpractice actions (Code Civ. Proc., 340.6) is tolled while a plaintiff has notsuffered actual injury. But you need to know when Budd suffered "actual injury."

According to the California Supreme Court, what is the test for actual injury undersection 340.6?(Provide a quotation answering the question and an appropriatecitation.)

Question 5

Sources of Law:This question uses a hypothetical Title IX problem.

Title IX of the Education Amendments of 1972 provides that "no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance." Teenagers at Smithtown High School are bullying a team member, Jason Johnson, because he is gay. We know that Jason is a "person."

Which of the following outlines shows what else the statute requires Jason to prove?

Select one answer from the Group of choices below:

A. Jason must prove: he was excluded from an education program AND the education program was receiving federal financial assistance

B. Jason must prove: one of the following occurred: he was effectively excluded from participation in an education program or activity on the basis of sex; or he was effectively denied the benefits of an education program or activity on the basis of sex; or he was effectively subjected to discrimination under an education program or activity on the basis of sex, AND one of the following is true: the education program received federal financial assistance; or the education activity received federal financial assistance.

C. Jason must prove: on the basis of sex one of the following is true: he was excluded from participation in an education program or activity; or he was denied the benefits of an education program or activity; or he was subjected to discrimination under an education program or activity, AND one of the following is true: the education program received federal financial assistance; or the education activity received federal financial assistance.

D. Jason must prove: because of his sexual orientation the school: excluded him from participation in an education program or activity; or denied him the benefits of an education program or activity; or subjected him to discrimination under an education program or activity, AND either: the education program received federal financial assistance; or the education activity received federal financial assistance.

Question 6

Sources of Law:This question uses a hypothetical arson problem.

New Mexico's negligent arson statute provides that negligent arson "consists of a person recklessly starting a fire or causing an explosion, whether on the person's property or the property of another person, and thereby directly causing the death or bodily injury of another person; or damaging or destroying a building or occupied structure of another person." Jessie Thomas threw a lit firecracker into a phone booth in Albuquerque, which cracked the glass of the phone booth.

To convict Jessie of negligent arson, what must the prosecutor prove?

Select one answer from the Group of choices below:

A. The prosecutor must prove that Jessie: whether on a person's property or the property of another a person: recklessly started a fire; or recklessly caused an explosion, AND directly caused: the death of another person; or the bodily injury of another person; or damage to another person's building or occupied structure; or destruction to another person's building or occupied structure.

B. The prosecutor must prove that Jessie recklessly caused an explosion and damaged a building of another person.

C. The prosecutor must prove that Jessie: either: on the person's property; or on the property of another a person, AND either: recklessly started a fire; or recklessly caused an explosion, AND either: directly caused the death of another person or the bodily injury of another person; or damaged a building or an occupied structure of another person.

D. The prosecutor must prove that Jessie was on another person's property and recklessly caused another person's death.